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Peter C. Hansen

discretion to run its business,” but that “punitive measures are not business decisions. They must be subjected to meaningful checks and balances, in the interest not only of individual applicants but also to realize expectations that the Bank will eschew arbitrary behavior in this sensitive sphere.” 203

Jaïr van der Lijn

Aquinostraat 3, P.O. Box 9108, 6500 HK Nijmegen, Th e Netherlands jlijn@clingendael.nl Abstract In spite of the fact that UN peacekeeping operations are a relative new fi eld for scholarly research, the literature on the subject has grown into a substantial body. Th is article distils from this body of

Antonio Arcudi

observes norms. 11 The respective norm itself—its legitimacy, its application and its meaning—was not perceived as a subject for debate. It remained stable. Thus, norm research was ‘stuck to a structuralist perspective’. 12 This shortcoming has been addressed by subsequent approaches. The norm

Machiko Kanetake

between the subject matters of national and international law. 1 The respect for human rights, investment protection, the maintenance of public health, and environmental conservation are some of those areas to which national and international law commonly extend their regulatory reach. 2 The restriction

International Responsibility and the Constitution of Power

International Organizations Bolstered

Jean d’Aspremont

, rather than constrains, power. In doing so, this article contests mainstream accounts of international responsibility and argues that the act of subjecting certain forms of conduct to the regime of international responsibility has a constitutive dimension. It therefore seeks to offer a counter-point to

Kevin C. Chang

its member states. 4 Finally, among the types of harms the un may inflict, this article focuses on harms resulting from tortious acts. 5 These acts constitute the most commonly received claims from third parties in un peace operations, 6 and have been subject to relatively

Julieta Solano McCausland and Enrique Carnero Rojo

the trial of one more person is pending, and an additional six individuals remain subject to warrants of arrest. Several Chambers have confirmed their pre- vious decisions on the way in which trial proceedings must be prepared and conducted, includ- ing the scope of victim participation at trial and

Angela Del Vecchio

previously existed and which draws its strength of application from the setting up of new international tribunals endowed with personal, subject matter and territorial jurisdiction. It is precisely these courts and tribunals, when ruling that individual cases fall within the scope of the general interests of

Pierre-Emmanuel Dupont

populations, the relevance of which was the subject of ample development by Judge Cançado Trindade in his Separate Opinion. Another reference to these factors appears at the end of the Judgment, where the Court expressed en passant its concerns for “the needs of the populations of the areas concerned by the

Marjorie Beulay

] law suit in which the court authorizes a single person or small group of people to represent the interest of a larger group ”. 67 However, as we can see, the notion of legal personality is not taken into account in this definition, unlike in the subject matter at hand. Nevertheless, this procedure