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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.
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.
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.
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 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.
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