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1249 found
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  1. A Risk-Based Regulatory Approach to Autonomous Weapon Systems.Alexander Blanchard, Claudio Novelli, Luciano Floridi & Mariarosaria Taddeo - manuscript
    International regulation of autonomous weapon systems (AWS) is increasingly conceived as an exercise in risk management. This requires a shared approach for assessing the risks of AWS. This paper presents a structured approach to risk assessment and regulation for AWS, adapting a qualitative framework inspired by the Intergovernmental Panel on Climate Change (IPCC). It examines the interactions among key risk factors—determinants, drivers, and types—to evaluate the risk magnitude of AWS and establish risk tolerance thresholds through a risk matrix informed by (...)
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  2. Space Law.Deepa Kansra - manuscript
    The chapter gives an overview of the binding and non-binding international norms which govern and regulate the activities of states and other actors in outer space. It covers the key agendas and challenges being addressed within international space law in the wake of advancements in technology and greater access to outer space by multiple actors. For a comprehensive view of the subject, the chapter gives an overview of the nature of space laws within national systems, and the interface of space (...)
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  3. Earth Consciousness and Evolving Frameworks.Deepa Kansra & Kirat Sodhi - manuscript
    Earth consciousness involves an understanding of our relationship with earth. It involves the study of earth forms, their life processes and inherent needs. The concept has created a field of frameworks and knowledge systems permeating into the day to day lives of humans including their political-economic-cultural spaces. The expression earth consciousness can be interpreted in many ways to include human awareness of nature & its processes, or the bond with mother earth and all its forms . Earth consciousness or the (...)
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  4. Black White Paper: Tractatus logico-academicus.Gavin Keeney - manuscript
    A draft White Paper associated with Fulbright Specialist Program lectures at the University of Ljubljana, Ljubljana, Slovenia, in March-April 2015, concerning neo-liberal capitalist exploitation of academic research and publications.
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  5. Great Expectations: Challenges to Implementing Climate Policies in Latin America and the Caribbean.Pablo Cristóbal Jiménez Lobeira - manuscript
    The Latin America and the Caribbean (LAC) region is a distinct geographic, economic and cultural area with a place in the climate change landscape. LAC has suffered the impacts of climate change at a level disproportionate to the amount of emissions it produces. Awareness of this experience, in addition to factors such as the region’s large young population, increasing middle class, vast natural resources and considerable economic growth potential provide reasons to hope LAC can implement significant climate change policies to (...)
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  6. Generative AI in EU Law: Liability, Privacy, Intellectual Property, and Cybersecurity.Claudio Novelli, Federico Casolari, Philipp Hacker, Giorgio Spedicato & Luciano Floridi - manuscript
    The advent of Generative AI, particularly through Large Language Models (LLMs) like ChatGPT and its successors, marks a paradigm shift in the AI landscape. Advanced LLMs exhibit multimodality, handling diverse data formats, thereby broadening their application scope. However, the complexity and emergent autonomy of these models introduce challenges in predictability and legal compliance. This paper analyses the legal and regulatory implications of Generative AI and LLMs in the European Union context, focusing on liability, privacy, intellectual property, and cybersecurity. It examines (...)
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  7. Interim Corpus Separatum for the Palestine Question. [REVIEW]Ciprian Pater - manuscript
    "Resolution of Jerusalem’s status arguably remains controversial because of the divergent analytical lenses through which the conflict’s parties, and others, view its intertwined legal, territorial, historical and religious issues. Thus, Jerusalem persists as an intricate and intractable cornerstone of the Israel-Palestine conflict." Diakonia International Humanitarian Law Resource Centre.
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  8. The Grounds of Human Rights.Brian Slattery - manuscript
    What is the rational foundation for the doctrine of universal human rights? Some philosophers, such as Alan Gewirth, argue that it may be discovered simply by reflection on certain essential features of the human constitution. However this approach has significant problems, achieving its ends by smuggling certain tacit premises into the argument. A better approach is one that appeals to the communal practices and traditions within which doctrines of human rights have evolved historically. It is here that Alasdair MacIntyre's work (...)
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  9. Legitimate Authority, Institutional Specialisation and Distributive International Law.Oisin Suttle - manuscript
    How should international law’s role in determining international distributive outcomes, economic and otherwise, affect how we think about its legitimate authority? Domestic institutions’ legitimate authority in respect of distribution derives in large part from their concurrent roles in enabling security and coordination. Internationally, by contrast, functional disaggregation means that distribution must be legitimised in its own right. I begin by distinguishing the phenomenon of Distributive International Law, on which my argument focuses. I next introduce a number of wide instrumental accounts (...)
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  10. Human Security Law in Iraq: Reforming Rules, Practices, and Urban Spaces.Hannibal Travis - manuscript
    This article addresses a few moments in the evolution of human security law in Iraq, focusing in particular on the Coalition Provisional Authority, the new Iraqi Constitution, Iraqi High Tribunal (successor to the Iraqi Special Tribunal), and the International Criminal Court. It synthesizes the results of some existing research on ongoing impunity for certain crimes against political candidates, journalists, anti-corruption activists, and ethnic and religious minorities, a situation which may have tainted Iraq’s transition to a more democratic republic, while aggravating (...)
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  11. Universal Jurisdiction and International Power Politics: Ideal versus Real.Hans Köchler - unknown - Yeditepe'de Felsefe (Philosophy at Yeditepe) 5.
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  12. Rethinking the right to know and the case for restorative epistemic reparation.Melanie Altanian - forthcoming - Wiley: Journal of Social Philosophy.
    This article was developed as part of the forthcoming special issue on "Reparations" for the Journal of Social Philosophy and was accepted (with minor revisions) by the guest editors Christina Nick and Susan Stark in November 2021. The special issue article is available online open access for early view. -/- Abstract: The United Nations Commission on Human Rights acknowledges the Right to Know as part of state obligations to combat impunity and thereby protect and promote human rights in the aftermath (...)
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  13. Titre II Compétence Art. 2-31.Andreas Bucher - forthcoming - Jurisprudencija: Mokslo darbu žurnalas.
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  14. The Morality of Substitution Intervention: The Case of Yemen.James Christensen - forthcoming - POLITICS.
    Throughout the Yemeni Civil War, western states have supplied weapons used in the indiscriminate bombing campaign conducted by the Saudis. In defence of their actions, British politicians have argued that they are exchanging weapons for influence, and using the influence obtained to encourage compliance with humanitarian law. An additional premise in the argument is that Britain is using its influence more benignly than alternative suppliers would use theirs if Britain were not on the scene. The idea is that Britain is (...)
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  15. The Law of Laws.Pavlos Eleftheriadis - forthcoming - Transnational Legal Theory 1 (3).
    How can legal orders coexist? Contemporary lawyers and philosophers frequently accept that a legal system operates under its own terms and is shaped by its own participants. Any problems posed by the plurality of legal orders in the world are to be dealt with by each legal order separately. So persons that are caught in transnational disputes because they are subject to two or more jurisdictions, have recourse to private international law, which is always part of domestic law, i.e. the (...)
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  16. The Moral Distinctiveness of the European Union.Pavlos Eleftheriadis - forthcoming - International Journal of Constitutional Law.
    This article is a comment and reflection on Joseph Weiler’s essay ‘The Political and Legal Culture of the European Union: an Exploratory Essay.’ The article responds to Weiler’s argument by sketching a philosophical framework within which we may understand the moral distinctness of the European Union. The argument is informed by the international political theories outlined by Kant and Rawls, according to which the domain of international institutions is distinct from that of domestic politics. If the European Union is an (...)
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  17. Citizenship and Obligation.Pavlos Eleftheriadis - forthcoming - In Julie Dickson & Pavlos Eleftheriadis (eds.), Philosophical Foundations of European Union Law. Oxford University Press.
    Many political philosophers believe that we owe moral obligations to our political communities simply because we are asked. We are, for example to pay taxes, or serve in the army whenever we are demanded to do so by the competent authorities or agencies. Can such moral obligations be created by European Union institutions? This essay discusses the natural duty of justice to support just or nearly just political institutions as defended by John Rawls and Jeremy Waldron. It suggests that European (...)
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  18. Expropriation of alien property: an inquiry into the sociology of international law.John H. Herz - forthcoming - Social Research: An International Quarterly.
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  19. Diffuse subjects and dispersed power: New materialist insights and cautionary lessons for international law.J. Hohmann - forthcoming - Leiden Journal of International Law.
    This article sets out the major tenets of new materialism and maps out its implications for international law. It considers what new materialism might offer for those of us working within international law in the way of new insights, resources, practices or politics. It first sets the contours of new materialism within the broader material turn. It then elaborates three main tenets of new materialism’s methodology, theory, and ontology: its attention to matter in its physicality; the embedded and entangled subject; (...)
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  20. Posthuman feminism as a theoretical and methodological approach to international law.Matilda Arvidsson - 2024 - In Matilda Arvidsson & Emily Jones (eds.), International law and posthuman theory. New York, NY: Routledge.
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  21. International law and posthuman theory.Matilda Arvidsson & Emily Jones (eds.) - 2024 - New York, NY: Routledge.
    Assembling a series of voices from across the field, this book demonstrates how posthuman theory can be employed to better understand and tackle some of the challenges faced by contemporary international law. With the vast environmental devastation being caused by climate change, the increasing use of artificial intelligence by international legal actors, and the need for international law to face up to its colonial past, international law needs to change. But in regulating and preserving a stable global order in which (...)
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  22. Scrolling Towards Bethlehem: Conforming to Authoritarian Social Media Laws.Yvonne Chiu - 2024 - In Carl Fox & Joe Saunders (eds.), Routledge Handbook of Philosophy and Media Ethics. Routledge. pp. 355–367.
    The social media industry lacks developed principles of professional ethics that it would need in order to better navigate the ethics of conforming to local media laws in authoritarian countries that lack meaningful protections for privacy, personal and political expression, and intellectual property. This chapter analyzes this question through three frameworks of professional ethics—journalism ethics, technology ethics, and business ethics—and the ways that social media resembles and crucially differs from these three industries.
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  23. Supplanting anthropocentric legalities : can the rule of law tolerate intensive animal agriculture?Maneesha Deckha - 2024 - In Matilda Arvidsson & Emily Jones (eds.), International law and posthuman theory. New York, NY: Routledge.
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  24. Flat ontology and differentiation : in defence of Bennett's vital materialism, and some thoughts towards decolonial new materialisms for international law.Anna Grear - 2024 - In Matilda Arvidsson & Emily Jones (eds.), International law and posthuman theory. New York, NY: Routledge.
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  25. After homo narrans : botany, international law, and senegambia in early racial capitalist worldmaking.Vanja Hamzić - 2024 - In Matilda Arvidsson & Emily Jones (eds.), International law and posthuman theory. New York, NY: Routledge.
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  26. Terraqueous feminisms and the international law of the sea.Gina Heathcote - 2024 - In Matilda Arvidsson & Emily Jones (eds.), International law and posthuman theory. New York, NY: Routledge.
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  27. A monument to E. G. Wakefield : new and historical materialist dialogues for a posthuman International law.Jessie Hohmann & Christine Schwöbel-Patel - 2024 - In Matilda Arvidsson & Emily Jones (eds.), International law and posthuman theory. New York, NY: Routledge.
    In this chapter, we consider a posthumanist critique of international law in relation to the material world. Our perspective on posthumanism and international law is framed by a monument of Edward Gibbon Wakefield, the so-called ‘founding father’ of the colony of South Australia. Centering the monument in our dialogue, we discuss two types of materialism: New materialism and historical materialism. We argue that an engagement with new and old materialism opens possibilities for a critical engagement with posthumanism. Central to this (...)
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  28. Women’s Misery and Women’s Rights in International Law and Literature: Wollstonecraft, Malthus, Bentham, and Shelley.Eileen M. Hunt - 2024 - In Benjamin Bourcier & Mikko Jakonen (eds.), British Modern International Thought in the Making: Politics and Economy from Hobbes to Bentham. Springer Verlag. pp. 281-306.
    In this chapter, Eileen M. Hunt reveals new intellectual ties between Bentham and Benthamite thought and the political ideals of Wollstonecraft and Shelley, who theorized the relationship between women’s misery and women’s rights in British international thought from the end of the eighteenth century through the first few decades of the nineteenth century. Hunt argues that Wollstonecraft’s political ideas influenced her daughter Mary Shelley, leading her to develop a critique of Malthusian and Benthamite views on misery and population control that (...)
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  29. The common heritage of kin-kind.Emily Jones, Cristian van Eijk & Gina Heathcote - 2024 - In Matilda Arvidsson & Emily Jones (eds.), International law and posthuman theory. New York, NY: Routledge.
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  30. The war on drugs as the war on the non-human.Kojo Koram & Oscar Guardiola-Rivera - 2024 - In Matilda Arvidsson & Emily Jones (eds.), International law and posthuman theory. New York, NY: Routledge.
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  31. Neither national nor international : a posthumanist retelling of tax sovereignty.Hedvig Lärka - 2024 - In Matilda Arvidsson & Emily Jones (eds.), International law and posthuman theory. New York, NY: Routledge.
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  32. Will human rights save the 'anthropos' from the 'Anthropocene'? limitations of human rights strategies in responding to the climate crisis.Jasmijn Leeuwenkamp - 2024 - In Matilda Arvidsson & Emily Jones (eds.), International law and posthuman theory. New York, NY: Routledge.
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  33. Building a Fair Future: Transforming Immigration Policy for Refugees and Families.Matthew J. Lister - 2024 - In Matteo Bonotti & Narelle Miragliotta (eds.), Australian Politics at a Crossroads: Prospects for Change. Routledge. pp. 149-16`.
    In this chapter I focus on two problems facing immigration systems around the world, and Australia in particular. The topics addressed are chosen because each one involves important fundamental rights and because significant improvement in these areas is possible even if each state acts alone, without significant coordination with others. First, I examine refugee programmes, focussing specifically on the ‘two- tier’ refugee programmes pioneered by Australia with the introduction of Temporary Protection Visas by the Howard Government in 1999. Next, I (...)
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  34. Aesthetics, new materialism, and legal matter : the 'art' of Anglo-American colonialism.Delaney Mitchell - 2024 - In Matilda Arvidsson & Emily Jones (eds.), International law and posthuman theory. New York, NY: Routledge.
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  35. Becoming common - ecological resistance, refusal, reparation.Marie Petersmann - 2024 - In Matilda Arvidsson & Emily Jones (eds.), International law and posthuman theory. New York, NY: Routledge.
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  36. Can We (Still) Trust International Law? A Defense against Old and New ‘Realisms’ in Light of the Russian Aggression against Ukraine.Hendrik Simon - 2024 - In Anton Leist & Rolf Zimmermann (eds.), After the War?: How the Ukraine War Challenges Political Theories. De Gruyter. pp. 171-192.
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  37. A world safe for Catholicism: interwar international law and Neo-Scholastic universalism.Paolo Amorosa - 2023 - History of European Ideas 49 (2):411-427.
    This article recounts how Neo-Scholastic international lawyers navigated the complex political landscape of the 1920s and 30s, combining universalism, nationalism and religious belief. Participating in the contemporary re-engagement of Catholics with modern politics, they re-imagined the international legal order in Catholic terms. They argued that a universal morality, overruling the extremes of state sovereignty, was the only solid basis for just and stable global legal relations. While the contribution of Catholics to the establishment of the post-war world order and the (...)
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  38. International Law in The Era of Blockchain: Law Semiotics.Koshzhanova Baktygul - 2023 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 36 (6):2305-2322.
    Being built on the ground of mutual effect, facing the current state-isolation, international law is losing its grip on efficiency. This makes some of us to question (1) If law is not working, do we still need law? If we would say no, the history shows that such is the path to the state-suicide. As Smithian mutual benefits is the assurance of the individual benefits, we need international relationships to create the benefits for the individual states, hence international law, Yet (...)
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  39. Nuremberg and Grotius’s Scholarship as Non-Grotian Moments: On Novelty-Bolstering in International Law.Ziv Bohrer - 2023 - Grotiana 44 (1):30-64.
    Since its 1980s coining by Richard Falk, the ‘Grotian Moment’ concept has garnered popularity in international law discourse, denoting a rapid, paradigm-shifting development in international law. This concept builds upon a prevalent recollection of two past events as such paradigm-shifts. The first is, obviously, the ‘original’ Grotian Moment, anointing Grotius as the Father of International Law, mainly for publishing, in 1625, his ground-breaking treatise, De Jure Belli ac Pacis, which is said to had brought about a momentous paradigm-shift that gave (...)
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  40. The Theory and Practice of Self-Determination at the UN: Challenges for International Law, Prospects for Global Governance.Kiraan Chetty - 2023 - Global Studies Research Series 10:1-31.
    Whether as a rule, principle, ideal, or procedure, self-determination – however complicated – is here to stay. For it to remain politically viable, however, we need reexamine its ontology and teleology: its existence and function. As we leave the modern age in which it was molded, self-determination is confronted by challenges unique to our time. How we, in the 21st century, manage to keep alive and accommodate the concept will determine how the next stage in our global history unfolds. The (...)
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  41. The teaching of international law in Cagliari, the 'Italian School' and the unification of Italy.Giuseppina de Giudici - 2023 - In Elisabetta Fiocchi Malaspina & Gabriella Silvestrini (eds.), Natural law and the law of nations in Eighteenth and Nineteenth-Century Italy. Boston: Brill/Nijhoff.
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  42. The chair of international law and Pasquale Stanislao Mancini's lectures in Turin.Frédéric Ieva - 2023 - In Elisabetta Fiocchi Malaspina & Gabriella Silvestrini (eds.), Natural law and the law of nations in Eighteenth and Nineteenth-Century Italy. Boston: Brill/Nijhoff.
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  43. Portraits of Women in International Law: New Names and Forgotten Faces?, edited by Immi Tallgren.Francesca Iurlaro - 2023 - Grotiana 44 (2):399-403.
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  44. Digital Humanitarian Mapping and the Limits of Imagination in International Law.Fleur Johns - 2023 - Law and Critique 34 (3):341-361.
    Humanitarian maps assembled using digital technology are indicative of transformations underway in how the world is made knowable, sensible, and actionable, including for international legal purposes. These transformations are exemplified by the Missing Maps Project (MMP), an initiative of the Humanitarian OpenStreetMap Team, a U.S.-registered non-profit, and three other non-governmental organisations operating internationally: American Red Cross; British Red Cross; and Médecins Sans Frontières. Projects such as the MMP make it harder for international lawyers to lay claim to, and seek to (...)
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  45. Introduction to Special Issue on Rethinking Rights and Justice for Non-Humans.Deepa Kansra - 2023 - Ili Law Review 1 (Special Issue):1-3.
    This Special Issue is an outcome of the lectures and discussions on ‘Cross-cutting Themes and Concepts in Human Rights’, offered as a Seminar Course to the students of the MA Programme, School of International Studies, Jawaharlal Nehru University. As part of the Course, a Webinar on ‘Rethinking Rights and Justice for Non-Humans’ was held in 2022, in which the participants advanced some of the most compelling arguments for the meaningful representation of non-human entities in law and governance. In the three (...)
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  46. The legal environment of ideas and the intellectual making of law: copyright law and international law at the crossroads of state and disciplinary boundaries.Lara Manbeck & Jérôme Pacouret - 2023 - In Stefanos Geroulanos & Gisèle Sapiro (eds.), The Routledge handbook in the history and sociology of ideas. New York: Routledge.
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  47. Fairness in Criminal Appeal. A Critical and Interdisciplinary Analysis of the ECtHR Case-Law.Helena Morão & Ricardo Tavares da Silva (eds.) - 2023 - Springer International.
    This book addresses the European Court of Human Rights’ fairness standards in criminal appeal, filling a gap in this less researched area of studies. Based on a fair trial immediacy requirement, the Court has found several violations of Article 6 of the European Convention on Human Rights at the appellate level by at least eighteen States of the Council of Europe in a vast array of cases, particularly in contexts of first instance acquittals overturning and of sentences increasing on appeal. (...)
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  48. Cities in a world of regions – Remarks from an international law perspective.Helmut Philipp Aust - 2023 - Theoretical Inquiries in Law 24 (2):55-71.
    The role of subnational regions is ill-conceived in international law scholarship, which has come to slowly accept the important role that cities can play as international actors. Opening up the academic debate for a perspective on regions promises to develop new insights on the divide of governance functions between international organizations and states, regions and cities. At the same time, the regional focus helps to unearth some of the shortcomings of overly enthusiastic approaches to what cities can do as global (...)
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  49. Sul ‘soggetto costituente’. Autorità de facto, identità costituente e contesto internazionale.Julieta A. Rabanos - 2023 - Notizie di Politeia 150:45-50.
    In questo breve commento a El concepto de «poder constituyente» di Jorge Baquerizo, formulerò tre osservazioni su alcune tematiche e alcuni aspetti della (o connessi alla) sua definizione di ‘soggetto costituente’ (§2). Le prime due osservazioni riguardano alcuni aspetti problematici del rapporto di ‘soggetto costituente’ con ‘autorità de facto’ e ‘potere di fatto’, in particolare la non completa considerazione dell’ambiguità di tali nozioni e delle conseguenze di tale ambiguità (§3). La terza riguarda la possibilità che la definizione in analisi sia (...)
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  50. International Law and the Humanization of Warfare.Mitt Regan - 2023 - Ethics and International Affairs 37 (4):375-390.
    The trend toward the “humanization” of international law reflects a greater emphasis on individuals rather than simply states as objects of concern. The advance of human rights law (HRL) has been an important impetus for this trend. Some observers suggest that humanization can be furthered even more by applying HRL rather than international humanitarian law (IHL) to hostilities between states and nonstate armed groups, unless a state explicitly declares that it is engaged in an armed conflict. This essay argues, however, (...)
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