107 Am. J. Int'l L. [i] (2013)

handle is hein.journals/ajil107 and id is 1 raw text is: AMERICAN JOURNAL

VOL. 107

January 2013

International Criminal Law by Other Means: The Quasi-criminal Jurisdiction of
the Human Rights Courts                                    Alexandra Huneeus
Although the regional human rights courts have no criminal jurisdiction and
cannot find individual responsibility, the Inter-American Court of Human
Rights regularly orders states to investigate and punish gross human rights vio-
lations, and monitors the progress of the resulting prosecutions. Today, it is
monitoring the progress offifty-one prosecutions across fifteen states for acts that
amount to international crimes. The article explores the evolution ofsuch quasi-
criminal jurisdiction in the regional rights courts, and juxtaposes this develop-
ment to the work of the international criminal tribunals.
Clash of Paradigms: Actors and Analogies Shaping the Investment Treaty System
Anthea Roberts
When seeking to understand the nature of the investment treaty system, partic-
ipants routinely draw analogies from and with public international law, inter-
national commercial arbitration, public law, trade law, and human rights law.
However, these analogies frequently point to distinct (and sometimes clashing)
conclusions as a result of differences in their underlying paradigms. This article
examines what each paradigm reveals and obscures about the investment treaty
system and how the backgrounds and interests of different actors inform their
choice of analogies.
Agora: The South China Sea
Editors' Introduction               Lori Fisler Damrosch and Bernard H Oxman
The Nine-Dash Line in the South China Sea: History, Status, and Implications
Zhiguo Gao and Bing Bingfia
A Legal Analysis of China's Historic Rights Claim in the South China Sea
Florian Dupuy and Pierre-Marie Dupuy
The UN Convention on the Law of the Sea and the Maritime Disputes in the South
China Sea                                                   Robert Beckman
Current Developments
The Expulsion of Aliens and Other Topics: The Sixty-Fourth Session of the
International Law Commission                               Sean D. Murphy

International Decisions

Edited by DavidP. Stewart

Ahmadou Sadio Diallo (Mads Andenas)
International Court ofJustice judgment on compensation for arrest, detention,
and expulsion of Guinean citizen by Democratic Republic of the Congo
Air TransportAssociation ofAmerica v. Secretary ofStatefor Energy and Climate Change
(Glen Plant)
European Court ofJustice judgment on compatibility of EU emissions trading
scheme with treaty commitments and customary international law

NO. 1



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