The authority to make treaties in the late Middle Ages

Article Abstract:

The treaty-making power, often considered a modern development, actually has sources in medieval times. For example, the notion of inalienability of sovereignty was part of the medieval political theory of the kingdom. The peace treaties of Bretigny and Troyes, which concluded the Hundred Years' War, illustrate the development of rules of treaty-making, including factors invalidating treaties, rules on succession, and the negotiating authority of representatives. In addition, the sovereign's treaty-making power was limited by customary norms, such as the Salic law. Classic commentators such as Alberico Gentili and Hugo Grotius provide evidence on medieval law.

History, Sovereignty, Treaty-making power, Medieval law

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Classification of armed conflict in the former Yugoslavia: Nicaragua's fallout

Article Abstract:

Provisions from the 4th Geneva Conference provide the proper test for classifying the conflict in the former Yugoslavia for the prosecution of war crimes in Prosecutor v. Tadic. The international tribunal hearing the case erred in applying the Nicaragua v. US case in seeking the standards for finding imputability for a state, because Tadic seeks to find the criminal accountability of individuals. The Nicaragua case also does not clarify the question of whether the conflict in the former Yugoslavia was internal or international.

Cases, Laws, regulations and rules, Government liability, War (International law)

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Extraterritoriality of human rights treaties

Article Abstract:

The U.S. is required to observe certain human rights treaties, such as the International Covenant on Civil and Political Rights, in its treatment of people in Haiti while they are under the authority of U.S. armed forces. Extraterritorial application of the covenant is supported by the Human Rights Committee and UN officials. However, the U.S. Supreme Court argued otherwise in Sale v. Haitian Centers Council, Inc., a case involving extraterritorial application of the Convention Relating to the Status of Refugees.

United States, Analysis, Human rights, Exterritoriality, Extraterritoriality

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