Showing papers on "Principal (commercial law) published in 2022"
01 Jan 2022
TL;DR: This paper argued that Nuremberg constituted not a continuation, but a break with the elaborate academic debates of the interwar period, and that the first attempts to criminalize aggressive wars can be traced back to World War One, and this progress was often the intellectual achievement of individual legal scholars.
Abstract: For several years, the historiography of 20th century human rights law, humanitarian law and international criminal law has been dominated by a strand of scholarship that draws attention to the political implications of international law and challenges the assumption of its impartiality. Recently, a new corpus of Anglophone writings has emerged that counters the critiques of liberal internationalism as forwarded by proponents of NAIL (New Approaches to International Law) and TWAIL (Third World Approaches to International Law). The principal merit of this new scholarship is to remind us that the first attempts to criminalize aggressive wars can be traced back to World War One, and that this progress was often the intellectual achievement of individual legal scholars. Nonetheless, it is historically misleading to suggest that there was a direct connection between the rights-based discourses of the interwar period and the International Military Tribunal (IMT). Some of the new legal histories have advanced a basically linear narrative here. However, this chapter argues that, by charging German defendants with ‘crimes of aggression’ on the basis of the ‘individual liability’ principle, ‘Nuremberg’ constituted not a continuation, but a break with the elaborate academic debates of the interwar period.
1 citations
01 Jan 2022
TL;DR: In this article, a case study of Palestinian customary law reconciliation procedures used in a legal conflict between two Hebronite clans: al-Haymounis and al-Jʿabaris, after murders in 2014 and 2016 is presented.
Abstract: Arab customary law is strongly tied to Middle Eastern Arab culture and its traditions and, in Palestine, is still employed in parallel with state and religious laws. The most glaring, though becoming rarer, example of the application of customary law in the occupied Palestinian territories currently relates to criminal offenses such as homicide or bodily injury. This chapter is a case study of Palestinian customary law reconciliation procedures used in a legal conflict between two Hebronite clans: al—Haymounis and al—Jʿabaris, after murders in 2014 and 2016. Customary legal reaction to this crime aroused special interest in the community, and wide coverage by the local media because of its circumstances, the powerful clans involved, and certain unconventional decisions made during otherwise typical customary negotiations. The principal aim of this case study is, through the description and analysis of the above—mentioned case, to define the characteristics of customary law presently used in the country, and draw conclusions concerning contemporary Palestinian culture.