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Can You Hear Me Now? The Case For Extending The International Judicial Network, Cesare P.R. Romano
Can You Hear Me Now? The Case For Extending The International Judicial Network, Cesare P.R. Romano
Chicago Journal of International Law
This Article intends to take stock of almost two decades of tumultuous multiplication of judicial institutions, which has led to at least more than a dozen fully functioning international courts and several dozen quasi-judicial, implementation-control and sundry dispute-settlement bodies. The growth has been organic and unplanned. The stated aim of this panoply of bodies and procedures is to ensure that international law is observed and that disputes arising out of its implementation or interpretation are settled peacefully and in an orderly fashion. But one could ask whether, and to what extent, this remarkable growth of bodies and procedures has brought …
Why Different Jurisdictions Do Not (And Should Not) Adopt The Same Antitrust Rules, David S. Evans
Why Different Jurisdictions Do Not (And Should Not) Adopt The Same Antitrust Rules, David S. Evans
Chicago Journal of International Law
A single dish cannot serve the tastes of a hundred people, says an ancient Chinese proverb. So it is with the rules for assessing whether practices engaged in by firms with significant market power are anticompetitive. More than one hundred countries have competition laws and most of them have government authorities entrusted with enforcing those laws in the first instance. Yet these jurisdictions are a varied lot. Some have emerged from decades of communist rule while others have only recently privatized companies responsible for substantial parts of the economy. Their legal institutions differ, as do perhaps their tastes for dominant …
No Way Out? The Question Of Unilateral Withdrawals Or Referrals To The Icc And Other Human Rights Courts, Michael P. Scharf, Patrick Dowd
No Way Out? The Question Of Unilateral Withdrawals Or Referrals To The Icc And Other Human Rights Courts, Michael P. Scharf, Patrick Dowd
Chicago Journal of International Law
This Article addresses the consequent issue: What if a state, self-referring or referring the situation in another country, changes its mind and attempts to "withdraw" its ICC referral? What is the role and appropriate response of the ICC at that point? This issue becomes especially relevant and pressing as events in Uganda unfold and the possibility looms of an attempted "withdrawal" of Uganda's referral. This Article examines the Rome Statute, the drafting history, and the expert commentaries, together with the statutory and case law of the other major human rights courts and bodies, and the Vienna Convention on the Law …
The Clash Of Commitments At The International Criminal Court, Tom Ginsburg
The Clash Of Commitments At The International Criminal Court, Tom Ginsburg
Chicago Journal of International Law
On July 10, 2008, International Criminal Court ("ICC") Prosecutor Luis Moreno-Ocampo informed members of the UN Security Council that he would be issuing an indictment against Sudanese President Omar Hassan al Bashir on charges of genocide and crimes against humanity for events in Darfur. The indictment, issued July 14, brought into stark relief the consequentialist debate over international criminal justice. Opponents of impunity celebrated the possibility that the international community might at last be willing to take concrete steps toward ending the Darfur genocide. On the other hand, aid groups on the ground feared retaliation and expulsion, and diplomats argued …
The Politics Of International Judicial Appointments, Erik Voeten
The Politics Of International Judicial Appointments, Erik Voeten
Chicago Journal of International Law
This Article evaluates what we know about the politics of international judicial appointments and identifies some areas for future research. Although the conclusion offers some discussion of the normative implications of this research, this is deliberately not an attempt to identify how the appointment process should work, but rather an exploration of if and how governments do use the appointment process to shape the international judiciary. Theoretically, the Article draws from the broad framework of principal-agent theory, in which governments are the multiple principals and judges the multiple agents. This framework does not assume that the agents always do what …