Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Locating And Situating Justice Pal: Twail, International Criminal Tribunals, And Judicial Powers, Sujith Xavier
Locating And Situating Justice Pal: Twail, International Criminal Tribunals, And Judicial Powers, Sujith Xavier
Law Publications
This paper brings forward Justice Pal's dissenting opinion at the Tokyo Tribunal to add to Third World Approaches to International Law (TWAIL) literature on international criminal law and the rules of evidence and procedure. It is part of a TWAIL effort to scrutinize the everyday practices of international prosecutions through procedural and evidentiary rules. By locating and situating Justice Pal's reasoning within the broader academic literature on dissents in international criminal law, it is possible to illustrate how and why Justice Pal's views were obscured as a relevant dissent. From this vantage point, this paper pursues Justice Pal's legacy as …
Theorising Global Governance Inside-Out: A Reply To Professor Ladeur, Sujith Xavier
Theorising Global Governance Inside-Out: A Reply To Professor Ladeur, Sujith Xavier
Law Publications
Professor Ladeur argues that administrative law’s postmodernism (and by extension Global Administrative Law) necessitates that we move beyond relying on ideas of delegation, accountability and legitimacy. Global Governance, particularly Global Administrative Law and Global Constitutionalism, should try to adapt and experiment with the changing nature of the postmodern legality and support the creation of norms that will adapt to the complexities of globalization. Ladeur’s contestation, similar to GAL’s propositions, can be challenged. By taking the International Criminal Tribunal for Rwanda, a significant contributor to the field of international criminal law as an example, it is suggested that the creation of …