Go On! University of Erlangen-Nürnberg offers new Master of Human Rights
Starting in October 2014, the University of Erlangen-Nürnberg will offer a new, interdisciplinary and international master program on human rights (Master of Arts). The program encompasses courses on the philosophical, political and legal foundations of human rights as well as special areas of human rights.
The Master of Human Rights in Erlangen is directed by Professor Heiner Bielefeldt, Chair in Human Rights and Human Rights Policy and UN Special Rapporteur on Freedom of Religion or Belief; Professor Markus Krajewski, Chair in Public International Law; and Assoc. Professor Michael Krennerich.
Admission to the Master in Human Rights program requires a university degree based on a course of study consisting of 210 ECTS and at least one year of professional experience, either in the area of human rights or in combination with practical experience in human rights work on a volunteer basis. If your university degree is based on 180 ECTS you may be accepted on the basis of a special procedure determining additional qualifications.
The application for fall 2014/15 is now open! Applications are due August 15. For more information, visit http://humanrights-master.fau.de.
New Issue: Nordic Journal of Human Rights
The latest issue of the Nordic Journal of Human Rights (Vol. 32, no. 1, 2014) is out. Contents include:
• Manfred Nowak, The Right of Victims of Human Rights Violations to a Remedy: The Need for a World Court of Human Rights
• Jasper Krommendijk, Finnish Exceptionalism at Play? The Effectiveness of the Recommendations of UN Human Rights Treaty Bodies in Finland
• Margot E. Salomon & Colin Arnott, Better Development Decision-making: Applying International Human Rights Law to Neoclassical Economics
Milanovic: The Lost Origins of Lex Specialis: Rethinking the Relationship between Human Rights and International Humanitarian Law
Marko Milanovic (Univ. of Nottingham – Law) has posted The Lost Origins of Lex Specialis: Rethinking the Relationship between Human Rights and International Humanitarian Law (in Theoretical Boundaries of Armed Conflict and Human Rights, Jens David Ohlin ed., forthcoming). Here’s the abstract:
In this paper I try to outline the current state of the debate on the relationship or interaction between international human rights law (IHRL) and international humanitarian law/law of armed conflict (IHL). The topic is well-worn and I will not recapitulate the basics. I will rather try to set out as clearly as possible the extant points of controversy, their driving factors and the logical order in which they should be addressed in order to advance the debate further. After providing a broad overview of the debate, I will look at one of its key concepts – the lex specialis principle. I will show that, despite the Latin veneer of antiquity, scholars have generally started using lex specialis to describe the relationship between IHL and IHRL only after the ICJ’s 1996 Nuclear Weapons advisory opinion.
Rather than being some kind of unassailable orthodoxy, lex specialis is a principle whose effects and utility need to be critically re-examined. Indeed, we are dealing not with one, but with three distinct versions of the principle, which rest on different rationales and produce different consequences. In that regard, there have been enthusiasts and sceptics even since the issue of the relationship between IHL and IHRL has arisen, and that is a good and natural thing. I do not propose to somehow fully reconcile these two camps, although I would submit that the differences between them are not as stark as is sometimes thought. But the main prerequisite for the debate to move forward is that we speak a common language and have conceptual clarity, and advancing this clarity is precisely this paper’s primary purpose.
Chouliaras: Bridging the Gap between Criminological Theory and Penal Theory within the International Criminal Justice System
Athanasios Chouliaras (Panteion Univ. of Political and Social Sciences) has posted Bridging the Gap between Criminological Theory and Penal Theory within the International Criminal Justice System (European Journal of Crime, Criminal Law and Criminal Justice, Vol. 22, no. 3, pp. 249–79, 2014). Here’s the abstract:
The main objective of this article is to put forward a critical analysis of the emergent international criminal justice system, epitomized by the creation of the permanent International Criminal Court (ICC). Such an endeavour is warranted on the assertion that international criminal justice scholarship has entered into a ‘reflective’ phase, the hallmark of which lies in the re-evaluation of the institutions of international criminal law in the light of the distinctive traits of international criminality derived from the combination of the criminological theory of state crime and the rising theory of international crime in the domain of international criminal law. In this context, the article summarizes the basic points and the epistemological premises of the criminological theory of state crime, while seeks to delimit the subject matter by alluding to the concept of core international crimes arising from the normative system of the ICC. The core aim of such a combined approach is not to downplay the existing differences between the criminological concept of state crime and the penal concept of core international crimes, but to highlight common points in order to draw tentative conclusions and make some preliminary suggestions from a criminal policy perspective.
Forlati: The International Court of Justice: An Arbitral Tribunal or a Judicial Body?
Serena Forlati has published The International Court of Justice: An Arbitral Tribunal or a Judicial Body? (Springer 2014). Here’s the abstract:
The International Court of Justice is the principal judicial organ of the United Nations, and epitomizes the very notion of international judicial institution. Yet, it decides inter-State disputes only with the parties’ consent. This makes it more similar to international arbitral tribunals than other international courts. However, the permanent nature of the Court, the predetermination of procedural rules by the Statute and the Rules of Court, the public character of proceedings, the opportunity for third States to intervene in a case under Articles 62 and 63 of the Statute and the Court’s role as the principal judicial organ of the United Nations mark a structural difference between the ICJ and non-institutionalized international arbitral tribunals. This book analyses if and to what extent these features have influenced the approach of the ICJ (and of the PCIJ before it) to its own judicial function and have led it to depart from the principles established in international arbitration.
Kruiper: Recursos Naturales, Guerras y Sanciones Internacionales
Thomas Kruiper has published Recursos Naturales, Guerras y Sanciones Internacionales (Tirant lo Blanch 2014). Here’s the abstract:
En torno a la eficacia de las sanciones selectivas en el Congo, Angola y Liberia. ¿Son eficaces las sanciones selectivas? ¿Cómo pueden contribuir a resolver conflictos relacionados con lo que ya se conoce como “Ia maldición de los recursos naturales”? Con el propósito de contestar a estas cuestiones, Thomas Kruiper, investigador en la Universidades de Valencia y Autónoma de Madrid, se asoma a tres países que han vivido sangrientas guerras civiles en los que las Naciones Unidas impuso varios tipos de sanciones: liberia, Angola y la República Democrática del Congo. Llevándonos por el camino evolucionario de los regímenes de sanciones de la ONU desde 1945, Kruiper analiza hasta qué punto las sanciones selectivas pueden ser o no la panacea frente a las sanciones tradicionales, y cual puede llegar a ser su eficacia a la hora de disminuir los flujos financieros que generan las guerras y de poner fin a éstas. Todo ello en una obra amplia, crítica, innovadora y rigurosa, que resultará de gran interés tanto para los profesionales de Derecho Internacional y Relaciones Internacionales en general, como para los estudiantes de conflictos Africanos, convirtiéndose en una valiosa fuente bibliográfica.
Towards International Peace Through International Law
July 17, 2014 By Cecilia Marcela Bailliet in IntLawGrrlsLeave a comment
The 2014 Australian and New Zealand Society of International Law held its annual conference in Canberra, at the Australian National University’s impressive University House, which resembles a church due to the impressive artwork lining the walls. The President of ANZSIL, Anne Orford, provided a fantastic program including panels on Commerce, Investment, Arbitration, Adjudication, Whaling in the Antarctic, Ukraine and Crimea, International Criminal Law, International Humanitarian Law, Human Rights, the Use of Force, Reform of the UN Security Council, Trade and Security, Arms Control and Disarmament, and International Law and the Politics of Peace. The full program is available here. I was struck by the speeches of the keynote speakers: Hilary Charlesworth reflected on her experience as an ad hoc judge at the ICJ in the Whaling Case, noting that some of the male judges were a bit concerned about her interest in feminist legal theory, asking her if she would be seeking to defend “lady whales”, revealing that even the most prominent international legal institutions still remain resistant to “others”. Joseph Weiler described how he sadly decided to end his Harvard seminar on the Israeli- Palestinian conflict because in all the years he ran it not one student managed to place prior convictions aside in order to be able to argue on behalf of the counter view. This left him demoralized in relation to the potential for peace in the region.
As stated by Volker Turk, Director of International Protection at UNHCR, in an opinion piece in the International Journal of Refugee Law: “From a psychological perspective, we know that human beings can be quick to judge, fear and even hate the unknown, the ‘other’-people who are different. We are inclined to create an ‘us’ and ‘them’, based on religion, gender, race or even eye colour, to boost our self-esteem, to conform to the majority group or simply to scapegoat the ‘other’. Moreover, majority members may not come to the defence of the minority out of fear of being executed or harmed themselves. Fortunately, research shows that prejudices are mutable and, when shedding light on them through mindfulness, it is possible to overcome them.”
Anne Orford remarked that a conference participant suggested that the title of the conference should be changed to “Towards International Law Through International Peace”. I suggest that we focus on combating discrimination in order to achieve peace which will in turn strengthen the potential for realizing the aspirations of international law.
New Issue: International & Comparative Law Quarterly
The latest issue of the International & Comparative Law Quarterly (Vol. 63, no. 3, July 2014) is out. Contents include:
o Jonathan Hill, Determining the Seat of an International Arbitration: Party Autonomy and the Interpretation of Arbitration Agreements
o Fernando Lusa Bordin, Reflections of Customary International Law: The Authority of Codification Conventions and ILC Draft Articles in International Law
o Orla Lynskey, Deconstructing Data Protection: The ‘Added-Value’ of a Right to Data Protection in the EU Legal Order
o Kasey L. McCall-Smith, Severing Reservations
o Michael Ramsden, Reviewing the United Kingdom’s ICCPR Immigration Reservation in Hong Kong Courts
o Uta Kohl, Corporate Human Rights Accountability: The Objections of Western Governments to the Alien Tort Statute
o Paul David Mora, The Alien Tort Statute After Kiobel: The Possibility for Unlawful Assertions of Universal Civil Jurisdiction Still Remains
• Shorter Articles and Notes
o Lavanya Rajamani, The Warsaw Climate Negotiations: Emerging Understandings and Battle Lines on the Road to the 2015 Climate Agreement
o Fan Yang, Applicable Laws to Arbitration Agreements Under Current Arbitration Law and Practice in Mainland China
o Kristie Thomas, The Product Liability System in China: Recent Changes and Prospects
New Issue: Revista Española de Derecho Internacional
The latest issue of the Revista Española de Derecho Internacional (Vol. 66, no. 1, 2014) is out. Contents include:
o Santiago Ripol Carulla, Un nuevo marco de relación entre el Tribunal Constitucional y el Tribunal Europeo de Derechos Humanos
o Eduardo Javier Ruiz Vieytez, España y el Convenio marco para la protección de las minorías nacionales: una reflexión crítica
o Jesús Verdú Baeza, La controversia sobre las aguas de Gibraltar: el mito de la costa seca
o Javier Chinchón Alvarez, La competencia ratione temporis del Tribunal Europeo de Derechos Humanos sobre la obligación de investigar (art. 2 – Derecho a la vida). Teoría y práctica: de De Becker c. Bélgica a Canales Bermejo c. España
o Mireya Castillo Daudí, Los campos de detención de la base naval de Guantánamo: aspectos de Derecho internacional humanitario
Ramji-Nogales: Bespoke Transitional Justice at the International Criminal Court
Jaya Ramji-Nogales (Temple Univ. – Law) has posted Bespoke Transitional Justice at the International Criminal Court. Here’s the abstract:
This chapter grapples with the question of whether the International Criminal Court should be conceptualized as a mechanism of transitional justice. Most schools of thought insist that transitional justice is either an inappropriate or an unrealistic goal for the Court. Some scholars have proposed that the Court might more accurately be theorized as seeking to achieve political goals through “juridified diplomacy”. Others suggest that the Court should speak primarily to a global, rather than local, audience. A third school of thought criticizes international criminal law as insufficiently focused on the preferences of societies affected by mass violence. Going one step further, some theorists suggest that the Court should be set aside in favor of mechanisms that are more responsive to local preferences. Though the incorporation of the International Criminal Court into a “locally owned” transitional justice paradigm faces substantial challenges, this chapter draws on a theory of bespoke transitional justice to suggest ways in which this knotty relationship might be better designed.
Kaye: Archiving Justice: Conceptualizing the Archives of the United Nations International Criminal Tribunal for the Former Yugoslavia
David Kaye (Univ. of California, Irvine – Law) has posted Archiving Justice: Conceptualizing the Archives of the United Nations International Criminal Tribunal for the Former Yugoslavia. Here’s the abstract:
The International Criminal Tribunal for the former Yugoslavia (ICTY) will complete its proceedings over the coming years, leaving behind an enormous collection of records. The ICTY archive provides a record of conviction and acquittal, prosecution case and defense response – a vast series of contested facts and arguments. The ICTY winds down with a decidedly mixed reputation, especially among the communities of the Balkans, doing damage to the already-discredited idea of a Tribunal capable of aiding the processes of reconciliation. And yet the UN still speaks of the reconciliatory purposes the ICTY archives may serve. Pursuing reconciliation, however, sets up the archive for failure. It would be better for those establishing the archives to focus on other, attainable goals, taking into account Martha Minow’s (1998) caution against judicial records that merely “speak for themselves”. This essay provides historical context for the development of the ICTY archive, outlining its two decades of work, and emphasizes the political context from and into which the archive will emerge.
Schüttpelz: Witness Preparation in International and Domestic Criminal Proceedings
Kai Oliver Schüttpelz has published Witness Preparation in International and Domestic Criminal Proceedings (Nomos 2014). Here’s the abstract:
The study provides a practicable solution to the question whether and how witnesses can be pre-pared for their testimony before the International Criminal Court (ICC). For that purpose, the book highlights and analyses relevant judicial decisions of international tribunals as well as selected domestic decisions, especially from the USA and UK. It establishes an interdisciplinary approach by paying much needed attention to psychological pitfalls that arise from the interrogation setting of witness preparation sessions. Finally, the study concludes with a draft rule for ICC witness prepa-ration. Thus, it is of interest to scholars and practitioners of international criminal law alike.