Últimas Actualizaciones del Evento
After a range of articles on the issue, a monograph has now been published on the EU’s forthcoming accession to the ECHR. The book, written by Paul Gragl of the City University of London, is entitled ‘The Accession of the European Union to the European Convention on Human Rights’ (Hart Publishing). This is the abstract:
After more than 30 years of discussion, negotiations between the Council of Europe and the European Union on the EU’s accession to the European Convention on Human Rights have resulted in a Draft Accession Agreement. This will allow the EU to accede to the Convention within the next couple of years.
As a consequence, the Union will become subject to the external judicial supervision of an international treaty regime. Individuals will also be entitled to submit applications against the Union, alleging that their fundamental rights have been violated by legal acts rooted in EU law, directly to the Strasbourg Court. Leer el resto de esta entrada »
The MultiRights program at the University of Oslo in Norway hosted a conference on Transnational Judicial Dialogue which included participants from law, political science, and philosophy.
Papers addressed to what extent judges cite foreign and/or international case law and norms in their own decisions. Courts from Eastern Europe, Latin America, and Canada were examined.
The idea of transnational judicial dialogue was portrayed as a cosmopolitan project, but concerns were raised about hierarchical tendencies and the impact of culture, language, power, or other factors impacting citation tendencies. There was a panel of national judges, including Lord Carnwath of the UK Supreme Court (who explained how he faced appeals from different corners of the earth involving Maori law or the Napoleonic code), Andreas Paulus of the Bundesverfassungsgericht (who noted that in a case involving the right of refugee children to education, there was no international authoritative guidance available so the court had to set the standard itself), and Rafaele Sabato of the Court of Cassation of Italy (who explained how contradictory positions among the different national courts rendered application of European standards impossible). Leer el resto de esta entrada »
Why did states decide to create the International Criminal Court (ICC) and design it with a uniquely strong enforcement mechanism that can punish noncompliant behavior? After all, by joining the ICC, states agree that the court may investigate, arrest, prosecute, and punish state nationals for genocide, crimes against humanity, and war crimes should the ICC conclude the state is unwilling or unable to do so domestically.
One may not be surprised that more than 100 states have joined one of the many international human rights treaties with weak enforcement mechanisms that require the state to only self-report compliance. But, why would states–particularly states with poor human rights practices–join the ICC and risk having their citizens tried in The Hague? On the other hand, if states that most need to improve their protections against human rights abuses do not join the court, is there any hope that the threat of punishment by the ICC can help improve state practices and deter individuals from committing mass atrocities? Leer el resto de esta entrada »
The Antonio Cassese Initiative for Justice, Peace and Humanity was founded to continue Antonio Cassese’s legacy and to promote global education, training, and research in the areas of human rights, peace, international justice, transitional justice, and development. To further its mission, the Cassese Initiative has issued a call for papers on new perspectives in international criminal law.
Abstracts, limited to 400 words, are due July 1st, 2013. Note that papers will be accepted only from students and young professionals under the age of 30.
Five abstracts will be selected and the authors will be invited to elaborate upon their ideas in a paper of around 8000 words. From these papers, one will be awarded the Cassese Initiative Prize and the author will receive a collection of books from Oxford University Press and her paper will be submitted for publication in the Journal of International Criminal Justice.
Indigenous Peoples and Nations representing the 7 global geo-political regions met from June 10 – 12 in Alta, Norway. The purpose was to exchange views and proposals and develop collective recommendations on the World Conference on Indigenous Peoples, which will convene in New York, 22 – 23 September 2014. They prepared an outcome document, which sets forth our recommendations along with the historical and current context of Indigenous Peoples.
June 10, 2013 | Global Indigenous Preparatory Conference
ALTA OUTCOME DOCUMENT
From the Preamble
As the original and distinct Peoples and Nations of our territories we abide by natural laws and have our own laws, spirituality and world views. We have our own governance structures, knowledge systems, values and the love, respect and lifeways, which form the basis of our identity as Indigenous Peoples and our relationship with the natural world. Leer el resto de esta entrada »
BOOK: From the Judge’s Arbitrium to the Legality Principle: Legislation as a Source of Law in Criminal Trials
Duncker & Humblot published a volume edited by Georges Martyn (UGent), Anthony Musson (Exeter) and Heikki Pihlajamäki (Helsinki) in the Comparative Studies in Continental and Anglo-American Legal History Series. The book (407 p., € 89,90) covers the legality principle in criminal affairs.
The legality principle characterizes all western legal systems, and it has become an integral part of the Western rule of law and the international human rights law. The principle dates back to enlightened jurists such as Cesare Beccaria and to social contract thinkers such as Charles de Secondat de Montesquieu, according to whom judges were to act only as the mouthpiece of the statutory law. Leer el resto de esta entrada »
Michael P. Scharf (Case Western Reserve Univ. – Law) has published Customary International Law in Times of Fundamental Change: Recognizing Grotian Moments (Cambridge Univ. Press 2013). Here’s the abstract:
This is the first book to explore the concept of “Grotian Moments.” Named for Hugo Grotius, whose masterpiece De Jure Belli ac Pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments.
The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal’s Tadic decision, the 1999 NATO intervention in Serbia, and the 9/11 terrorist attacks.
Source: International Law Reporter