Workshop: Procedural Fairness in International Courts and Tribunals
On September 19-20, 2014, the Surrey International Law Centre of the University of Surrey School of Law, with the support of the Institute of Advanced Studies, the McCoubrey Centre for International Law of the University of Hull, and the British Institute of International and Comparative Law, will host a workshop on “Procedural Fairness in International Courts and Tribunals.” The program is here. Here’s the idea:
A topical and timely subject for study, the question of procedural fairness entails the identification of fundamental principles inherent to the judicial (as well as, mutatis mutandis, arbitral) process. Whilst the manifestation of such core standards of fairness will necessarily diverge according to the particular international court, the workshop seeks aims to identify their essence with reference to the procedural issues arising in practice. The aim of this workshop is to bring academics and practitioners together to initiate ground breaking research into this novel topic. The workshop employs a comparative approach whereby participants will analyse the procedures and practices of various international courts and tribunals. It aims to identify patterns of commonality and divergence in the core standards of procedural fairness of international courts and to develop a holistic understanding of the nature of procedural fairness and the challenges to its realisation in the international judicial system.
Wibabara: Gacaca Courts versus the International Criminal Tribunal for Rwanda and National Courts
Charity Wibabara has published Gacaca Courts versus the International Criminal Tribunal for Rwanda and National Courts: Lessons to Learn from the Rwandan Justice Approaches to Genocide (Nomos 2014). Here’s the abstract:
The magnitude and the nature of the human rights violations that engulfed Rwanda in 1994 prompted both the Rwandan government and the international community to establish different accountability mechanisms in order to hold perpetrators accountable. At the international level, the UN established the International Criminal Tribunal for Rwanda (ICTR) to try those bearing the greatest responsibility, the Rwandan national courts were to deal with so-called category one offenders, whereas Gacaca courts initially handled the bulk of cases that could not be handled by the ICTR and national courts (so-called category two and three perpetrators). Therefore, Rwanda offers a unique opportunity to analyse the interplay of criminal justice systems on different levels. Against this background, the study, which is divided into seven chapters, engages in disentangling the conflicting as well as overlapping elements the three justice mechanisms entail. Despite the already existing scholarship on this topic, the book offers new insights into the domestic case law of Rwanda which is under researched in comparison to the work of the ICTR. With this it adds a valuable new perspective to the international debate from the viewpoint of a Rwandan legal scholar.
New Issue: Transnational Legal Theory
The latest issue of Transnational Legal Theory (Vol. 5, no. 1, 2014) is out. Contents include:
• Philip Liste, Transnational Human Rights Litigation and Territorialised Knowledge: Kiobel and the ‘Politics of Space’
• Tomaso Ferrando, Private Legal Transplant: Multinational Enterprises as Proxies of Legal Homogenisation
• David Schneiderman, The Global Regime of Investor Rights: Return to the Standards of Civilised Justice?
• Gavin Sullivan, Transnational Legal Assemblages and Global Security Law: Topologies and Temporalities of the List
• Christian Djeffal, Establishing the Argumentative DNA of International Law: A Cubistic View on the Rule of Treaty Interpretation and its Underlying Legal Culture(s)
• Ming-Sung Kuo, Semantic Constitutionalism at the Fin de Siècle: A Review Essay on Gunther Teubner, Constitutional Fragments: Societal Constitutionalism and Globalization