Papers by Stathis Palassis
The international crimes committed in the territory of the former Yugoslavia during the 1990s hav... more The international crimes committed in the territory of the former Yugoslavia during the 1990s have been the subject of both State responsibility claims and prosecutions establishing individual criminal responsibility. On 26 February 2007 the International Court of Justice handed down its judgment in the Genocide case while it is expected that in 2014 the International Criminal Tribunal for the former Yugoslavia will con-clude all appeals from prosecutions. While these initiatives contribute to the acknowl-edgement of the commission of international crimes they have not provided the victims with any financial reparations. Instead victims have had to make compensa-tion claims under domestic law. The article examines how, in addition to the interna-tional initiatives at The Hague, a regionally focused victim oriented reparations approach can assist in attaining improved international criminal justice for interna-tional crimes committed during the Yugoslav wars. A victim oriented reparations approach would enhance victims' rights through the provision of financial repara-tions, reflect improved international criminal justice and assist in the attainment long-term stability in the war-torn States of the former Yugoslavia
Brill | Nijhoff eBooks, 2004
On 26 February 2007 the International Court of Justice ('ICJ') handed down its long-awaited judgm... more On 26 February 2007 the International Court of Justice ('ICJ') handed down its long-awaited judgment in the case concerning application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v Serbia and Montenegro).• The Court adjudicated alleged violations by Serbia and Montenegro ('Serbia') of the Convention on the Prevention and Punishment of the Crime of Genocide,2 examining whether genocide occurred during the secession of Bosnia and Herzegovina ('Bosnia') and, if it did, whether those actions could be attributed to Serbia. The Court found that Serbia had not committed genocide, but had violated obligations to prevent genocide and to cooperate fully with the International Criminal Tribunal for the former Yugoslavia ('ICTy,).3 The Court also found that the award of compensatory damages was not appropriate in this case. The case has generated public division over the Court's reasoning on difficult jurisdictional questions, as well as the characterisation of, and responsibility for, atrocities committed. The fact alone that the case concerns alleged breaches of the jus cogens prohibition on genocide makes the case significant.
Market Instruments and the Protection of Natural Resources
... 16 So many treaties were created that the term 'treaty congestion problem' was coin... more ... 16 So many treaties were created that the term 'treaty congestion problem' was coined-Weiss EB, International Environmental Law: Contemporary Issues and the Emergence of a New World Order (1993) 81 Georgetown Law Journal 675-710, at 697-702. ...
Washington and Lee Journal of Energy Climate and the Environment, 2014
Since 1997 the International Maritime Organization, the United Nations agency responsible for the... more Since 1997 the International Maritime Organization, the United Nations agency responsible for the regulation of the international shipping sector, has been developing rules for the reduction of the sector's greenhouse gas emissions. Significant difficulties have, however, emerged in the creation of appropriate economic instruments for reducing its greenhouse gas emissions, bringing to the forefront the application of the principle of common but differentiated responsibilities and respective capabilities ("CBBDRC"). A key principle within international climate change law, CBDDRC allows developing States, least developed States and the most environmentally vulnerable to be differentially treated based on their special situation and needs. Developing States, within the International Maritime Organization, rely on this principle in questioning the appropriateness of application of uniform international shipping standards to the greenhouse economic instruments currently in development, viewing this uniformity as economically disadvantageous to them. Developed State members, on the other hand, maintain the traditional view that all of the Organization's instruments, including those for the reduction of ship-source greenhouse gas emissions, must have uniform application to all States. This article addresses the difficulties that have arisen in creating economic instruments for the reduction of the international shipping sector's greenhouse gas emissions and highlights the significant compatibility issues between the work of the International Maritime Organization and international climate change law. By providing a contemporary analysis of the international law principle of CBDDRC and its application to the international shipping sector it is argued that the International I.
International Criminal Law Review, 2014
The international crimes committed in the territory of the former Yugoslavia during the 1990s hav... more The international crimes committed in the territory of the former Yugoslavia during the 1990s have been the subject of both State responsibility claims and prosecutions establishing individual criminal responsibility. On 26 February 2007 the International Court of Justice handed down its judgment in the Genocide case while it is expected that in 2014 the International Criminal Tribunal for the former Yugoslavia will conclude all appeals from prosecutions. While these initiatives contribute to the acknowledgement of the commission of international crimes they have not provided the victims with any financial reparations. Instead victims have had to make compensation claims under domestic law. The article examines how, in addition to the international initiatives at The Hague, a regionally focused victim oriented reparations approach can assist in attaining improved international criminal justice for international crimes committed during the Yugoslav wars. A victim oriented reparations...
Climate Change and the Oceans
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Papers by Stathis Palassis