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In Autonomy and Cooperation, noted legal scholar Dimitris Liakpolous explores the content of powers attributed by the Statute of Rome to United Nations Security Council. It begins by investigating the power to activate the investigations of the prosecutor before examining the power to suspend judicial activity. The book then defines the characteristics of Security Council intervention in the context of cooperation and judicial assistance and examines prerogatives regarding the crime of aggression. The study concludes with an appreciation of the effect of Security Council action on the jurisdictional activity of the International Criminal Court. Final considerations aim to examine the relevance of the possible coordination models of the action of the two bodies, proposed during this introduction, in defining the forms that the interactions between the two bodies.
In this book, distinguished international law scholar Dimitris Liakopoulous explores the legal consequences of complicity in international relations. Consequences of Complicity will examine the profiles inherent to damages due to the injured party. In this regard it will move from the observation that the conduct of an accomplice gives rise to a crime distinct from the main one. The text then evaluates how damages must be divided between the party of the main fact and that of illegal action. Section II will approach the problem of configuring countermeasures against complicit nations, whether in the case of ordinary tort or when the violation concerns imperative norms of general international law.
Complicity in International Law aims to analyze questions arising from a state's complicity in conflict with another state or an international organization. On the basis of international legal provisions, a state that assists the illicit fact of another state or an international organization in turn commits an offense if it is aware of the main fact and is bound by the same obligation. International law offers adumbrates the outcome of a codification process undertaken by the International Law Commission. The practice and its consequences, and the reflections of the doctrine, have matured with regard to the original hypothesis. Several cases of participation in the unlawful conduct of others, for example in facilitating the illicit use of the armed force, or of financial support to states responsible for human rights violations, have been recorded since the period immediately following World War II. International doctrine has long shown great interest in the theme of competition of several subjects in an international illicit act. This is a new phenomenon, given that until recently the issue had been the subject of in-depth analysis in a small number of works, few of which have been monographic in nature. Complicity in International Law will address the issue comprehensively.
In the first part of this book, noted legal scholar Dimtris Liakopoulos deals with reconstructing the legal regulatory framework governing human rights violations in the activities of organizations. After identifying rules that are generally applicable to organizations' offenses and govern the profile of reparations, this study assesses primary rules that guarantee the right to an effective remedy. Liakopoulos then moves on to how this works in practice, examining the reparations obtainable by an individual in disputes between states and organizations. This includes, for example, damages caused by the United Nations in the context of force operations and requests for the cancellation or modification of sanctions unjustly imposed by the UN's Sanctions Committee. The author then assesses enforcement practices, highlighting the limits of diplomatic protection from the perspective of protecting individual interests and enhancing some recent tendencies of humanizing institutions in question.
States and the Interpretation of Treaties opens with a provocative reconsideration of a debate on the subject of comparative international legal obligations by the United Nations's International Law Commission. In this book, distinguished Tufts University legal scholar Dimitris Liakopoulos identifies and explores relevant considerations in the work of the Commission and offers an overview of the status of international law as defined by the United Nations authority responsible for its codification and development. The Commission's conclusions form the starting point for an insightful comparative approach to international law and liability.
This book examines the relationship between governments and international organizations under international law. After surveying the policing powers of international organizations under international law, it illustrates some normative aspects of law that distinguish regulation from enforcement via study of recent legal cases before international judicial bodies. According to Dimitris Liakopoulos's expert analysis, if the two provisions codify the same general rule, the peculiarities of the relationship between an international organization and individual governments mean that sanctions decline when measured against the hypothesis that the latter facilitate an organization's violation of its obligations to all. The book concludes with peculiarities in the enforcement of international law by international organizations.
The Role of Customs in International Treaties concentrates on issues of friction between member states of the United Nations. In view of the role played by the United Nations in resolving international disputes, Dimitris Liakopoulos hypothesizes that practical guides based on custom often catalyze the positions taken by states, courts, scholars, and other actors, constituting an orthodox position against which formulaic legal opposition will become predictably more difficult. In addition to reiterating what some would say are obvious, on some particularly controversial issues, the United Nations has essentially chosen not to take a position and allowed customs to define conflict resolution.
In Debtor Protection in American and European Union Bankruptcy Law, international law scholar Dimitris Liakopulos raises a delicate issue at the foundations of the modern banking system by analyzing US bankruptcy law with a focus on the concept of automatic stay. His work identifies legal sources and authorities having repercussions in terms of operational protection. It then examines their functional profiles, with specific regard to procedure. The book then examines criminal exposure in US bankruptcy law, paying particular attention to crime figures closer to those contained in American bankruptcy law. The book's third part assesses the lack of a discipline in these areas, a cumbersome gap observable at both the international and regional levels. The financial crisis of 2008 recalled the necessity and importance of a coordinated and usable crisis resolution mechanism for large financial conglomerates. The lack of discipline in the field of cross-border insolvency, and especially in the banking sector, stands out among studies and legislative instruments that have attempted to address questions of private international law, and of procedural law or of substantive law.