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Edited by William A. Schabas and Shannonbrooke Murphy

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Edited by William A. Schabas and Shannonbrooke Murphy

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Edited by William A. Schabas and Shannonbrooke Murphy

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Mónica Pinto

The maintenance of international peace and security is the very first purpose of the United Nations. The International Court of Justice, the single most important source of international jurisprudence in this area, has a clear understanding of this goal and of its role in achieving it. From the landmark Corfu Channel case to the seminal Nicaragua case and afterwards, the International Court of Justice has developed a sustainable case law on the use of force in international law, in which the Nicaragua case endures as the single pre-eminent judgment. This chapter considers three key aspects established by the Court’s case law — the illegality of unilateral uses of force by states, the necessary threshold for a use of force to give rise to an entitlement to self-defense, and the complementarity of action by United Nations organs in this field. KEYWORDS: peace and security judgments, International Court of Justice, Nicaragua case, use of force, aggression, self-defense

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William A. Schabas

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Richard Devlin and Adam Dodek

In this Introduction to Regulating Judges: Beyond Independence and Accountability the authors begin by outlining the conventional frame of reference adopted in the judicial studies literature as being premised upon an independence/accountability continuum. While recognizing the strengths of this traditional approach, the authors argue that analyses of the judiciary could be enriched by adopting some of the insights from contemporary regulation theory. On this foundation they then develop a new conceptual framework based upon a regulatory pyramid comprised of values, processes, resources and outcomes. The latter part of the chapter then road-tests this innovative paradigm by filtering the 19 chapters through the regulatory pyramid to: (a) identify a number of common challenges; (b) highlight several significant controversies; and (c) emphasize the plurality of choices available for the regulation of judges.
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Edited by Richard Devlin and Adam Dodek

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Linda E. Carter, Mark Steven Ellis and Charles C. Jalloh

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Linda E. Carter, Mark Steven Ellis and Charles C. Jalloh

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Linda E. Carter, Mark Steven Ellis and Charles C. Jalloh