Amenge Okoth: The Crime of Conspiracy in International Criminal Law
Juliet R. Amenge Okoth has published The Crime of Conspiracy in International Criminal Law (Asser Press 2014). Here’s the abstract:
This book looks at the relevance of conspiracy in international criminal law. It establishes that conspiracy was introduced into international criminal law for purposes of prevention and to combat the collective nature of participation in commission of international crimes. Its use as a tool of accountability has, however, been affected by conflicting conceptual perceptions of conspiracy from common law and civil law countries. This conflict is displayed in the decisions on conspiracy by the international criminal tribunals, and finally culminates into the exclusion of punishment of conspiracy in the Rome Statute. It is questionable whether this latest development on the law of conspiracy was a prudent decision. While the function of conspiracy as a mode of liability is satisfactorily covered by the modes of participation in the Rome Statute, its function as a purely inchoate crime used to punish incomplete crimes is missing. This book creates a case for inclusion in the Rome Statute, punishment of conspiracies involving international crimes that do not extend beyond the conceptual stage, to reinforce the Statute’s purpose of prevention. The conspiracy concept proposed is one that reflects the characteristics acceptable under both common law and civil law systems.
New Issue: Trade, Law and Development
The latest issue of Trade, Law and Development(Vol. 5, no. 2, Winter 2013) is out. Contents include:
o Ernst-Ulrich Petersmann, ‘Fragmentation’ and ‘Judicialization’ of International Law as Dialectic Strategies for Reforming International Economic Law
o Donatella Alessandrini, WTO at a Crossroads: The Crisis of Multilateral Trade and the Political Economy of the Flexibility Debate
o Benoit Mayer, Development is no Excuse for Human Rights Abuses: Framing the Responsibility of International Development Agencies
o Avidan Kent, The WTO Law on Subsidies and Climate Change: Overcoming the Dissonance?
• Notes and Comments
o Evin Dalkilic, The Proposed Horizontal Mechanism: An Evaluation in Light of Existing Procedures under the Dispute Settlement Understanding
New Issue: International Journal of Marine and Coastal Law
The latest issue of the International Journal of Marine and Coastal Law (Vol. 29, no. 2, 2014) is out. Contents include:
• Robert C. Beckman & Clive H. Schofield, Defining eez Claims from Islands: A Potential South China Sea Change
• Alex G. Oude Elferink, The Arctic Sunrise Incident: A Multi-faceted Law of the Sea Case with a Human Rights Dimension
• Emma Witbooi, Illegal, Unreported and Unregulated Fishing on the High Seas: The Port State Measures Agreement in Context
• Ane Jørem & Morten Walløe Tvedt, Bioprospecting in the High Seas: Existing Rights and Obligations in View of a New Legal Regime for Marine Areas beyond National Jurisdiction
New Issue: International Journal of Transitional Justice
The latest issue of the International Journal of Transitional Justice (Vol. 8, no. 2, July 2014) is out. Contents include:
• Jennifer Balint, Julie Evans, & Nesam McMillan, Rethinking Transitional Justice, Redressing Indigenous Harm: A New Conceptual Approach
• Theo Hollander & Bani Gill, Every Day the War Continues in My Body: Examining the Marked Body in Postconflict Northern Uganda
• Michelle D. Bonner, ‘Never Again’: Transitional Justice and Persistent Police Violence in Argentina
• Lydiah Kemunto Bosire & Gabrielle Lynch, Kenya’s Search for Truth and Justice: The Role of Civil Society
• Nathalie Koc-Menard, Notes from the Field: Exhuming the Past After the Peruvian Internal Conflict
• Lia Kent, Narratives of Suffering and Endurance: Coercive Sexual Relationships, Truth Commissions and Possibilities for Gender Justice in Timor-Leste
Hernández: The International Court of Justice and the Judicial Function
Gleider I. Hernández (Durham Univ. – Law) has published The International Court of Justice and the Judicial Function (Oxford Univ. Press 2014). Here’s the abstract:
This book evaluates the concept of the function of law through the prism of the International Court of Justice. It goes beyond a conventional analysis of the Court’s case law and applicable law, to consider the compromise between supranational order and state sovereignty that lies at the heart of its institutional design.
It argues that this compromise prevents the Court from playing a progressive role in the development of international law. Instead, it influences the international legal order in more subtle ways, in particular, in shaping understanding of the nature or form of the international legal order as a whole. The book concludes that the role of the Court is not to advance some universal conception of international law but rather to decide the cases before it in the best possible way within its institutional limits, while remaining aware of law’s deeper theoretical foundations.
The book considers three key elements: firstly, it examines the historical aspects of the Court’s constitutive Statute, and the manner in which it defines its judicial character. Secondly, it considers the drafting process, the function of a dissenting opinion, and the role of the individual judge, in an attempt to discern insights on the function of the Court. Finally, the book examines the Court’s practice in regard to three conceptual issues which assist in understanding the Court’s function: its theory of precedent; its definition of the ‘international community’; and its theory on the completeness of the international legal order.