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...07 Oct Suing the International Court of Justice
of liberal construction does not mean that the court can ignore a clear failure in the pleading to allege facts which set forth a claim currently cognizable in a federal district court. The International Court of Justice “is a[j]udicial arm of the United Nations.” The International Court of Justice does not have jurisdiction over criminal cases and collateral attacks on convictions.. The jurisdiction of the International Court of Justice is limited to disputes between nations. It should also be noted that the above-captioned case is barred by the Foreign Sovereign...
09 May A Special Justice Mechanism for the Crime of Aggression Against Ukraine – For Who, By Who, Against Who?
[Alexandre Skander Galand is a Post-Doctoral Researcher at the Centre for Fundamental Rights at the Hertie School, Berlin.] On 3 April 2022, President Zelenski announced that he ‘approved a decision to create a special justice mechanism in Ukraine for the investigation and judicial examination of every crime of the occupiers. The essence of it is the joint work of national and international experts: investigators, prosecutors and judges.’ It is still unclear whether this ‘special justice mechanism’ will be in the form of, as proposed by Heller and Owiso, a hybrid...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....19 Jun Judicial Review and Administrative Detention
Prize Cases and Presidential Order establishing the Military Commissions are similar examples. What is disheartening in all four is that while the executive engaged in excess neither the Congress nor Supreme Court engaged or challenged the President. Checks and balances fell by the wayside; Justice Jackson’s famous warning of an ‘unfettered executive’ went unheeded. As the three branches of government move into the post Bush era they would do well to recall not only Justice Jackson’s words but also those of the former President (Chief Justice) of the Israeli Supreme...03 Oct Now on Video: “Two Justices, Two Lords and a Lady”
Foscote should respond. The low point was Dean Kagan’s self-congratulatory introduction of the panelists (2nd minute, Real Player) in which she noted that with the appointment of Chief Justice Roberts a majority of the justices are now Harvard Law School alums, so Harvard can “win every case.” Oh please. I suppose she inadvertently failed to mention that by her count white male Republicans win every case too. There were numerous highlights. The first was Justices Scalia’s and Breyer’s discussion of the judicial role. Scalia suggested (25th minute) that Chief Justice...21 Jan Events and Announcements: 21 January 2024
To have your event or announcement featured in next week’s post, please send a link and a brief description to ojeventsandannouncements@gmail.com. Calls for Papers Nottingham International Criminal Justice Conference : The University of Nottingham School of Law, in partnership with the International Criminal Justice Unit of the University of Nottingham Human Rights Law Centre, is organising a conference on 8–9 July 2024 that will bring together people working across the diverse field of international criminal justice. At this interdisciplinary conference, we are aiming to foster connections between academics, practitioners and...