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20 May The Only Thing We Have to Fear About Judicial Expropriation is the Fear of It
[Martin Jarrett is a Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law.] In a recently published arbitral award coming from an investor-state arbitration, the arbitral tribunal made a rare confession: it was uncomfortable with its decision finding that the state was not internationally responsible for its conduct. The case was Krederi v. Ukraine. Although the statement of facts is heavily redacted, it is clear enough that the investor purchased blocks of land from Kiev City Council. These transactions were subsequently unwound by the...
27 May Futureproofing Human Rights Symposium: Learning from the Nasa Indigenous Justice System to Rethink Accountability
[ Valeria Ruiz-Perez is a Research Associate at the Centre for Applied Human Rights (University of York) and a Visiting Fellow at LSE Law School. She is a main researcher of the Rethinking accountability from the bottom: Setting a research agenda on traditional grassroots justice mechanisms (TGJMs) project. Piergiuseppe Parisi is a lecturer in international human rights law at the Centre for Applied Human Rights and the York Law School (University of York), as well as the Principal Investigator of the project TGJMs project.] While international human rights and humanitarian...04 Apr HILJ Online Symposium: Hague Peace Conference Courts v. The Universe of International Courts
...literature on international courts. Scholars are biased towards success, since it is hard to build a career by focusing on what does not exist for most to see. Katzenstein is correct in pointing out the limitations of our scholarly biases. Indeed the only way to understand what leads to IC creation is to give equal weight to both successful and unsuccessful efforts. Researching abandoned initiatives, however, is not so easy to do. One can find references to publicly voiced ideas and formed proposals that fail, but these references tend to...02 Jun Weekend Roundup: May 26 – June 1, 2012
...in its search for the bin Laden family. Kevin suppressed snarky comments about Moreno-Ocampo’s new appointment as FIFA’s chief investigator into allegations of match-fixing and corruption. He was shocked to read that Yale University offered a course by Gen. Stanley McChrystal in which students could only take notes on a non-attribution basis, which led to a discussion whether the Chatham House Rule belongs in the classroom. Kevin also argued that the Special Court for Sierra Leone’s decision to sentence Charles Taylor to 50 years’ imprisonment is disproportionate, given that Taylor...07 Jun Weekend Roundup: May 24 – June 6, 2014
...up the news (1, 2) and we listed events and announcements (1, 2). In other news, Kevin announced how he is joining Doughty Street Chambers as an Academic Member; Julian wished all the best to former Washington University law professor Peter Mutharika who was named Malawi’s new President; and Chris posted the search announcement for a new Executive Director at ASIL. Our New York based readers may also want to attend the Human Rights Film Festival starting next week. Thank you to our guest contributors and have a nice weekend!...30 Jan ICTY upholds Genocide Convictions in Srebrenica Case
...1995, after the fall of Srebrenica, and that the victims were Bosnian Muslim men from Srebrenica, were sufficient to link the Trnovo killings to the common purpose of the JCE to Murder. The Prosecution correctly points out that the principal perpetrator of a given crime need not be a member of the JCE and that it must be determined whether the crime in question forms part of the common purpose. The Appeals Chamber reiterates that: to hold a member of a JCE responsible for crimes committed by non-members of the...16 Jan Thinking Through the Malian Thicket
...threat) posed by the Malian militants against the United States. So consent it is, and it would come from, best case, a government that seized power by coup and to which we’ve otherwise cut off military aid. The U.S. still maintains an embassy in Mali (as does Mali in the U.S.), so perhaps consent is not legally insurmountable. But I’d wonder both what the terms of the U.S. aid cut-off were, and whether there’s any precedent for this. (2) Domestic law. This seems the tougher question. Would, for example, the...
22 Apr International Justice System v. People’s Tribunals: A Fictional Hierarchy
...states of the Genocide Convention, the outcome likely would have been a significant slowing down of the conflict in Gaza. Over six months on, nothing has changed in terms of the warfare methods Israel has been using and the polices in place despite the much-praised decision on provisional measures against Israel. Generating Unrealistic Expectations Some argue that by mimicking real trials and adopting the same terminology as courts, people’s tribunals create a false impression of authority, leading to unrealistic expectations among victims’ communities, who are often unaware of the non-binding...
13 May Why a Postgraduate Degree Is the Best and Worst Choice You Can Make—Part 2
...immutable boundaries. To use Kuhn’s preferred terminology, normal scientific development is cumulative. New research builds upon past research. We accept past premises, theories, methods, and conclusions. Even where we challenge them, our critique takes place within the same frame. We can devise unique methods for speeding up our crossword game, just as we can develop an unknown technique for besting Carlsen. We can even propose a tweak of the parameters (as Wenger has done for that heretical offside rule). Consistent, however, is our respect for the parameters; even geniuses play...
29 May Futureproofing Human Rights Symposium: Living up to Obligations Through the International Red Cross? A Critique of States’ Attempts to Shift Obligations When Addressing Missing Persons
...persons. However, while the International Red Cross can conduct effective search, and provide trainings and families with psycho-social support, its activities cannot exhaust state obligations concerning missing persons. It is states, and not the International Red Cross, which have an obligation to conduct investigations, prosecute perpetrators, and provide reparation to families. Thus, while cooperation between states and the International Red Cross movement is often the most effective way of addressing missing persons, the tendency of states to portray the movement as the leading (or, often, the only) actor in this...