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Louis Henkin in JILP

In mem­o­ry of Louis Henkin, who died last month in New York, I recent­ly took to the archives, to see whether any of his work had found its way into the NYU Jour­nal of Inter­na­tion­al Law and Pol­i­tics.  While Henkin’s byline nev­er appeared in any of JILP’s forty-two vol­umes, his work nev­er­the­less left a mark on our pages.

In the sev­enth vol­ume of JILP, a review of Henkin’s For­eign Affairs and the Con­sti­tu­tion rec­og­nized the supreme impor­tance of this work to the field of U.S. for­eign rela­tions law.  (7 N.Y.U. J. Int’l L. & Pol. 203.)  Henkin, Stan­ley Fut­ter­man wrote, spoke with “the nat­ur­al mod­esty and courage of the true teacher.”  But our review­er soon takes  a more crit­i­cal stance in light of Henkin’s dis­cus­sion of Viet­nam.

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Video from Arctic Symposium

NYU Law has post­ed video of our Oct. 22 sym­po­sium on “Inter­na­tion­al Law and Envi­ron­men­tal Pro­tec­tion in a Melt­ing Arc­tic.”  Below is the keynote address, giv­en by Peter Tak­soe-Jensen, Dan­ish Ambas­sador to the Unit­ed States.  The Ambassador’s speech begins at 25:34, pre­ced­ed by short intro­duc­tions from Jose Alvarez and Her­bert Rubin.

See more video after the jump.

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Book Review: Cipriani’s Children’s Rights and the Minimum Age of Criminal Responsibility

This install­ment in our ongo­ing series of book reviews looks at Children’s Rights and the Min­i­mum Age of Crim­i­nal Respon­si­bil­i­ty by Don Cipri­ani. Michael Gigante’s review takes a crit­i­cal eye towards the argu­ments Cipri­ani advances in favor of requir­ing all nations to estab­lish a min­i­mum age of crim­i­nal respon­si­bil­i­ty.

By Michael V. Gigante

Children’s Rights and the Minimum Age of Criminal ResponsibilityIdeas about the prop­er role of crim­i­nal respon­si­bil­i­ty in juve­nile jus­tice tend to fall along a wel­fare-jus­tice con­tin­u­um. The wel­fare approach, promi­nent at the birth of the mod­ern notion of a juve­nile jus­tice sys­tem, essen­tial­ly dis­missed the notions of com­pe­tence and crim­i­nal respon­si­bil­i­ty for chil­dren. State author­i­ties inter­vened to make benev­o­lent deci­sions on behalf of chil­dren, who were por­trayed as objects with­out lib­er­ty rights. On the oth­er end of the con­tin­u­um, the jus­tice approach—towards which clear shifts have occurred in recent decades—places crim­i­nal respon­si­bil­i­ty and children’s alleged com­pe­tence at the cen­ter of juve­nile jus­tice. Account­abil­i­ty, due process, and pun­ish­ment are the foun­da­tions of this approach. In Children’s Rights and the Min­i­mum Age of Crim­i­nal Respon­si­bil­i­ty: A Glob­al Per­spec­tive, Don Cipri­ani points out the flaws of both these approach­es and describes the mer­its of a children’s rights approach as a way to medi­ate between the ten­sions of the wel­fare and jus­tice approach­es.

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Book Review: Re-Envisioning Sovereignty: The End of Westphalia?

In this edi­tion of our ongo­ing series of book reviews, Paul Mignano presents a crit­i­cal but ulti­mate­ly favor­able take on Re-Envi­sion­ing Sov­er­eign­ty: The End of West­phalia?a col­lec­tion of inter­dis­ci­pli­nary essays dis­cussing the con­cept of sov­er­eign­ty.


By Paul Mignano


Re-envisioning SovereigntyFor a con­cept that is so cen­tral to inter­na­tion­al rela­tions and pub­lic inter­na­tion­al law, the mean­ing of “sov­er­eign­ty” is sur­pris­ing­ly dif­fi­cult to artic­u­late. At its essence, West­phalian sov­er­eign­ty is about the abil­i­ty of a state to engage in polit­i­cal self-deter­mi­na­tion, to be con­sid­ered a legal equal of oth­er states, and to ensure non-inter­fer­ence of out­side states in its own inter­nal affairs.

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