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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