Search: Affective Justice: Book Symposium: A Response
16 Mar Symposium: Wrestling with the Long Shadow of European Transplants of International Courts in the Third World
264) Yet, they do not overstate this point. After all, the Andean Tribunal of Justice has been effective in only one issue area, intellectual property rights. Unlike the bold, purposive and consequential decisions of the European Court of Justice, the decisions of the Andean Tribunal of Justice on intellectual property rights are more restrained, predicated on formalist reasoning and “highly repetitive, even formulaic.” (page 276) In so doing, the Andean Tribunal has avoided direct confrontation between the Tribunal and Andean governments whose political leaders have the last word on Andean...25 Jul Wherein I Break Godwin’s Law in Relation to the New Al-Bahlul Amicus Brief
...they are committed — applies to his acts and thus justifies punishing him (“justice can be helped to triumph by the proper application of this penal law”). That does not make the authors of the amicus brief Nazis. But it does mean that the amicus brief is relying on the same kind of analogical reasoning that was at the heart of the Nazis’ perversion of the German criminal-justice system — the same kind of analogical reasoning that was specifically condemned as itself criminal by American judges in the Justice case....
07 Feb Symposium by GQUAL on CEDAW’s GR40: An Opportunity for Asia-Pacific – Build on the Momentum of GR 40
is prioritizing the development of women’s professional leadership in international justice and accountability. Women in international law have been at the forefront of advocating for gender equality, women’s rights, and the protection of human rights globally. Despite some progress over the past few decades, globally, women are still not recognized as key actors in the administration of justice, and their equality before the law and in the courts has yet to become a reality in many countries. This is a fundamental matter of access to justice. Women continue to face...
17 Jul State Responsibility for Acts of Torture: Netherlands/Canada v Syria at the International Court of Justice
Weapons (CW) as form of torture, by addressing suffocation caused by this kind of weapons as severe pain and suffering (para.2). While it is not further clarified in the Application, the reference to CW as torture and, subsequently, the fact that the Court will address the CW is significant given the extensive use of this type of prohibited weapons by the Syrian regime and the lack of justice responses to address this crime. The applicants requested the court to declare Syria’s violations of the CAT and that Syria must cease...
20 Jul A Special Issue in the Journal of International Criminal Justice on Sexual Violence in Conflict and Domestic Accountability: Why Now and Why You (and Governments) Should Read It
stressed the importance of ending impunity “as part of a comprehensive approach to seeking sustainable peace, justice, truth and national reconciliation.” This resolution affirmed the primary responsibility of States to investigate and prosecute crimes occurred in their jurisdictions, reflecting the recently adopted principle of complementarity, underlying the ICC regime. Indeed, this approach represented a shift in expectations: from a period where the implementation of international humanitarian, criminal and human rights law was led by international institutions to a time where national systems of justice are increasingly expected to provide more...25 Jun International Securities Fraud Makes Supreme Court Debut
[Margaret V. Sachs is the Robert Cotten Alston Professor of Law at the University of Georgia School of Law and an expert on securities law] The Supreme Court yesterday issued its decision in Morrison v. National Australia Bank, its first ever on the international reach of Section 10(b) and Rule 10b-5. Justice Scalia wrote for the Court, with additional opinions by Justice Breyer (concurring in part and concurring in the judgment) and Justice Stevens, joined by Justice Ginsberg (concurring in the judgment). Justice Sotomayor did not participate. The federal securities...
11 Sep Contemporary International Criminal Law After Critique Symposium: Transformative Justice – Abolition and International Criminal Law
...made us consider abolition and carceralism in news ways. It made obvious the expansive networks of global carceralism, and therefore the need for global carceral abolitionism. During this time, I was finalising my manuscript for a book which considers the rights of the accused in international criminal law and procedure. In this book, I am explicit about a desire to strengthen international criminal law (ICL) through critically questioning but ultimately improving its processes. This was a view I had held since my practice as a defence lawyer at the International...06 Apr Events and Announcements: 6 April 2022
...at the conference, for publication at the end of 2023 or beginning of 2024. Please direct any and all correspondence, questions, and expressions of interest to the co-editors at drumblm@wlu.edu and c[dot]i[dot]fournet2[at]exeter[dot]ac[dot]uk. Mark Drumbl and Caroline Fournet Events The European Society of International Law Interest Group on International Criminal Justice, Interdisciplinarity & International Criminal Justice: The ESIL Interest Group on International Criminal Justice is pleased to announce on Online Roundtable on “Interdisciplinarity & International Criminal Justice” on Wednesday, 13 April 2022 from 3.30-5.30pm CEST via Zoom. The field of international...10 Mar The Problem with “Justice and Democracy”
but they are not the only targets. Waal doesn’t point the finger at the international criminal justice advocates. He doesn’t point out that codifying the justice into legal obligations makes his preferred solutions, negotiated peace, much, much harder. But he doesn’t have to. This is not to say that demanding democracy and justice is always wrong. But both conservative and liberal interventionists (and “justice” advocates) need to remember that it is not always the right goal, either, if the pursuit of democracy and justice prevents the end of mass violence....