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110 Am. J. Int'l L. [i] (2016)

handle is hein.journals/ajil110 and id is 1 raw text is: AMERICAN JOURNAL OF INTERNATIONAL LAW VOL. 110 January 2016 NO. 1 CONTENTS PAGE Due Process in the United Nations Devika Hovell Certain UN organs continue to resist procedural limitations on their decision- making authority. Yet, paradoxically, failure to accord due process has compro- mised the strength of UN authority, as seen in relation to the targeted-sanctions regime and the Haiti cholera outbreak that began following the arrival of UN peacekeepers in 2010. This article questions current, formalistic approaches to due process in the UN setting-which rely on traditional sources of interna- tional law. As an alternative, it presents a value-based approach that takes into account instrumentalist, dignitarian, and public interest principles. Punishment and Policy in International Criminal Sentencing- An Empirical Study Joseph W Doherty and Richard H. Steinberg 49 Through doctrinal and statistical analysis of ICTY and ICTR sentencing judg- ments, we find that the gravity of the crime and aggravating factors declared by the Tribunals as sentencing factors are significantly related to sentence length but that the mitigating factors proclaimed by the Tribunals-all but one of which are associated with diplomatic and policy objectives-are not significantly related to the term of imprisonment. We conclude that Tribunal sentences pri- oritize punishment of the individual over other diplomatic and policy goals. Notes and Comments Achieving Sex-Representative International Court Benches Nienke Grossman 82 International Decisions Edited by David P. Stewart Arctic Sunrise (Netherlands v. Russia); In re Arctic Sunrise (Netherlands v. Russia) (Eugene Kontorovich) 96 UN Convention on the Law of the Sea tribunals' provisional measures and merits decisions concerning seizure of vessel on high seas and detention of its crew under the Convention In re Arbitration Between the Philippines and China (John E. Noyes) 102 UNCLOS Annex VII tribunal award on jurisdiction over Philippine submissions concerning Chinese activities in the South China Sea where sovereignty is disputed Granier v. Venezuela (Manuel Casas Martinez) 109 Inter-American Court of Human Rights judgment on whether Venezuela's refusal to renew TV broadcasting license violated the right to freedom of expres- sion under the American Convention

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