6 10 441 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indiana International & Comparative Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Seatzu, Francesco Date A point or period of time associated with an event in the lifecycle of the resource 2022-12-05 Description An account of the resource In the course of the last year Italy was confronted with the unusual request from the Vatican City to extradite an Italian national to face charges of embezzlement and misappropriation of Holy See funds. The Holy See requested the extradition of Cecilia Marogna, a self described intelligence analyst and private spy from Sardinia, who worked for Cardinal Angelo Becciu, a senior Vatican official who was demoted over embezzlement claims. The case has received considerable press coverage and attention through print and online media worldwide, not least because of its numerous twists and turns such as the arrest of Marogna in Milan on an Interpol warrant issued at the Holy See’s request, the sudden drop of the extradition request by the Vatican authorities, and Italy’s highest court ruling thatCecilia Marogna never should have been arrested before a court evaluated whether she could be extradited. The aim of this Article is to explore whether the extradition of an Italian national, from Italy to the Vatican, unlike what has been claimed by Marogna’s defense lawyers and implicitly accepted by the Vatican authorities that dropped the extradition request, is instead possible. The thesis defends this possibility regardless of the absence of a bilateral extradition treaty between Italy and the Vatican and of an ad hoc extradition agreement between Italy and the Holy See. But this is only provided that the request for extradition concerns an Italian citizen convicted or accused of corruption-related crimes like Cecilia Marogna. This Article will proceed as follows: after an introduction,Section 1 will discuss and reject an argument that infers a prohibition of extradition from Italy to the Vatican from the wording of Article 22 of the Lateran Treaty of 1929. Sections 2 and 3 will consider and exclude that an obstacle to extradition from Vatican City to Italy may be inferred from the poor quality of the criminal justice system in Vatican City or from the authoritarian character of the Vatican’s internal legal order that is only presumed but not demonstrated. Finally, Section 4 will claim and argue that a proper duty toextradite persons not only from the Vatican to Italy but also from Italy to the Vatican should be inferred from Articles 43 to 49 of the United Nations Convention against Corruption (UNAC) of which both Italy and the Vatican City/Holy See are bound as contracting parties. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journals.iupui.edu/index.php/iiclr/article/view/26851 10.18060/26851 Language A language of the resource eng Publisher An entity responsible for making the resource available Indiana University Robert H. McKinney School of Law Relation A related resource https://journals.iupui.edu/index.php/iiclr/article/view/26851/24600 Source A related resource from which the described resource is derived Indiana International & Comparative Law Review; Vol. 32 No. 4 (2022); 515-530 2169-3226 Title A name given to the resource Extraditing Persons from Italy to Vatican City: Chimera or Real Possibility? Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indiana International & Comparative Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Wolman, Andrew Date A point or period of time associated with an event in the lifecycle of the resource 2022-09-19 Description An account of the resource Since at least 2013, Western courts judging refugee cases have accepted that North Koreans are, with rare exceptions, considered to be South Korean nationals under South Korean law. This Article explores the implications of this holding. Given this dual nationality, are North Koreans necessarily refused refugee status because they can be protected in South Korea? Or are there still routes to refugeestatus that may be available? This Article finds that North Koreans continue to have potential paths forward in their search for refugee status in the West. There are, broadly speaking, four different types of protection arguments evident in the jurisprudence from major host states. These are: (1) that an asylum seeker possesses a well-founded fear of persecution in South Korea as well as NorthKorea; (2) that South Korean nationality does not provide a right to enter the country, and should therefore be disregarded; (3) that South Korean nationality should not be recognized because it is not bestowed in a manner consistent with international norms; and (4) that an individual asylum seeker falls into an exceptional category whereby he or she lacks South Korean nationality. Each ofthese arguments has proved successful in certain cases, at least provisionally. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journals.iupui.edu/index.php/iiclr/article/view/26524 10.18060/26524 Language A language of the resource eng Publisher An entity responsible for making the resource available Indiana University Robert H. McKinney School of Law Relation A related resource https://journals.iupui.edu/index.php/iiclr/article/view/26524/24386 Source A related resource from which the described resource is derived Indiana International & Comparative Law Review; Vol. 32 No. 3 (2022); 403-424 2169-3226 Title A name given to the resource North Korean Asylum Seekers in the West: Is Dual Nationality Dispositive? Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indiana International & Comparative Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Lemos, Miguel Date A point or period of time associated with an event in the lifecycle of the resource 2022-09-19 Description An account of the resource In Jordan Referral re Al-Bashir, the appeals chamber of the International Criminal Court (ICC) had to decide (1) whether Jordan had an obligation to arrest and surrender the sitting head of state of Sudan to the ICC for crimes against his own people and (2) whether to refer the matter of Jordan’s alleged noncompliance to the United Nations Security Council (UNSC). The appeals chamber tackled both questions inappropriately. On the one hand, in view of the lack of guidance from the UNSC and the whole mess created during the “AlBashir saga,” the chamber should have found that Jordan justifiably failed to comply with the arrest warrant issued by the ICC. On the other hand, the ICC should have referred the whole matter to the UNSC. This Article addresses these issues while surveying the centuries’ long evolution of the law on the international criminal responsibility of heads of state. While relying on prevalentaccounts on International Criminal Law (ICL), the appeals chamber narrates a story according to which, for a long time, heads of state enjoyed absolute immunity—even with regard to international criminal conduct. However, at present, such immunity does not operate before international courts. The whole story does not correspond to the most compelling account of the evolution of thelaw on international crimes. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journals.iupui.edu/index.php/iiclr/article/view/26523 10.18060/26523 Language A language of the resource eng Publisher An entity responsible for making the resource available Indiana University Robert H. McKinney School of Law Relation A related resource https://journals.iupui.edu/index.php/iiclr/article/view/26523/24385 Source A related resource from which the described resource is derived Indiana International & Comparative Law Review; Vol. 32 No. 3 (2022); 313-402 2169-3226 Title A name given to the resource The ICC as a "Tool" of the United Nations Security Council and the "Absurdity" of Head of State Immunity with Regard to International Crimes Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indiana International & Comparative Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Santana, Stella Emery Date A point or period of time associated with an event in the lifecycle of the resource 2022-09-19 Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journals.iupui.edu/index.php/iiclr/article/view/26522 10.18060/26522 Language A language of the resource eng Publisher An entity responsible for making the resource available Indiana University Robert H. McKinney School of Law Relation A related resource https://journals.iupui.edu/index.php/iiclr/article/view/26522/24384 Source A related resource from which the described resource is derived Indiana International & Comparative Law Review; Vol. 32 No. 2 (2022); 287-311 2169-3226 Title A name given to the resource The Legal Aspects of Water as a Human Right According to the 2030 Agenda: A Comparative Analysis Between Brazil and the United States of America Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indiana International & Comparative Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Rossi, Christopher R. Date A point or period of time associated with an event in the lifecycle of the resource 2022-09-19 Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journals.iupui.edu/index.php/iiclr/article/view/26521 10.18060/26521 Language A language of the resource eng Publisher An entity responsible for making the resource available Indiana University Robert H. McKinney School of Law Relation A related resource https://journals.iupui.edu/index.php/iiclr/article/view/26521/24383 Source A related resource from which the described resource is derived Indiana International & Comparative Law Review; Vol. 32 No. 2 (2022); 247-286 2169-3226 Title A name given to the resource Water Rights and Hydro-Egoism: Endogenous Hegemony and the Grand Ethiopian Renaissance Dam Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indiana International & Comparative Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Yusuf, Hakeen Oamen, Philip Date A point or period of time associated with an event in the lifecycle of the resource 2022-04-11 Description An account of the resource The imperative of international cooperation for realising economic, social and cultural rights (ESCR) has been a largely neglected theme in the theory and praxis of this category of human rights. The current Coronavirus (COVID-19) pandemic has brought to the fore the need to address this major gap. This paper adopts a Third World Approach to International Law (TWAIL) to deconstruct the dominant nationalist and isolationist approach to realising ESCR in making the case for a paradigm shift to an international cooperation model. The international cooperation model is apt for upholding and advancing human dignity as envisaged by the United Nations human rights system. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journals.iupui.edu/index.php/iiclr/article/view/26254 Language A language of the resource eng Publisher An entity responsible for making the resource available Indiana University Robert H. McKinney School of Law Relation A related resource https://journals.iupui.edu/index.php/iiclr/article/view/26254/24274 Source A related resource from which the described resource is derived Indiana International & Comparative Law Review; Vol. 32 No. 1 (2022); 43-68 2169-3226 Title A name given to the resource Realising Economic and Social Rights Beyond COVID-19: The Imperative of International Cooperation Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indiana International & Comparative Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Wolfson, Evan Tueller, Jessica Fromkin, Alissa Date A point or period of time associated with an event in the lifecycle of the resource 2022-04-11 Description An account of the resource In 2017, the Inter-American Court of Human Rights issued OC-24/17, a breakthrough advisory opinion that made the Court the first human rights mechanism to explicitly hold that States have an obligation to respect same-sex couples’ freedom to marry. This Article is the first since OC-24/17 was issued to analyze comprehensively the extent to which human rights law, across international, regional, and national jurisprudence, requires States to respect the freedom to marry. It argues for the reassessment of Joslin v. New Zealand and Schalk and Kopf v. Austria, earlier cases from other human rights bodies that acknowledge the rights of same-sex couples to equality and family, but so far have fallen short of ending marriage discrimination. The Article then makes the case for these couples’ freedom to marry as rooted in the right to marry, the rights to equality and non-discrimination, the rights to privacy and family, and the rights to liberty and dignity, as well as, under certain circumstances, the rights of children and parents, the right to freedom of movement, and the right to be free from inhuman or degrading treatment. This Article not only argues that human rights law can be understood to protect the freedom to marry, but also demonstrates why it is urgent that it should be so understood. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journals.iupui.edu/index.php/iiclr/article/view/26253 Language A language of the resource eng Publisher An entity responsible for making the resource available Indiana University Robert H. McKinney School of Law Relation A related resource https://journals.iupui.edu/index.php/iiclr/article/view/26253/24273 Source A related resource from which the described resource is derived Indiana International & Comparative Law Review; Vol. 32 No. 1 (2022); 1-42 2169-3226 Title A name given to the resource The Freedom to Marry in Human Rights Law Worldwide: Ending the Exclusion of Same-Sex Couples from Marriage Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indiana International & Comparative Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Mimran, Tal Date A point or period of time associated with an event in the lifecycle of the resource 2021-10-18 Description An account of the resource           Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journals.iupui.edu/index.php/iiclr/article/view/25753 10.18060/25753 Language A language of the resource eng Publisher An entity responsible for making the resource available Indiana University Robert H. McKinney School of Law Relation A related resource https://journals.iupui.edu/index.php/iiclr/article/view/25753/23920 Source A related resource from which the described resource is derived Indiana International & Comparative Law Review; Vol. 31 No. 3 (2021); 409-466 2169-3226 Title A name given to the resource The Islamic State of Horror--Who is Responsible for Atrocities Committed in the Territory of the Self-Declared Islamic State (Daesh)? Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indiana International & Comparative Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Dijkstal, Haydee J. Date A point or period of time associated with an event in the lifecycle of the resource 2021-10-18 Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journals.iupui.edu/index.php/iiclr/article/view/25752 10.18060/25752 Language A language of the resource eng Publisher An entity responsible for making the resource available Indiana University Robert H. McKinney School of Law Relation A related resource https://journals.iupui.edu/index.php/iiclr/article/view/25752/23919 Source A related resource from which the described resource is derived Indiana International & Comparative Law Review; Vol. 31 No. 3 (2021); 379-408 2169-3226 Title A name given to the resource The ICC and Human Rights: The Crime Against Destruction of Cultural Heritage as Part of a Trend Towards Greater Human Rights Influence Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indiana International & Comparative Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Crout, Leigha Date A point or period of time associated with an event in the lifecycle of the resource 2021-10-18 Description An account of the resource           Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journals.iupui.edu/index.php/iiclr/article/view/25751 10.18060/25751 Language A language of the resource eng Publisher An entity responsible for making the resource available Indiana University Robert H. McKinney School of Law Relation A related resource https://journals.iupui.edu/index.php/iiclr/article/view/25751/23918 Source A related resource from which the described resource is derived Indiana International & Comparative Law Review; Vol. 31 No. 3 (2021); 351-377 2169-3226 Title A name given to the resource The Evolution of Constitutionalism in the People's Republic of China: Past and Present Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion