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Local Meets Global: Transitional Justice In Northern Ireland, Colm Campbell, Fionnuala Ní Aoláin Jan 2002

Local Meets Global: Transitional Justice In Northern Ireland, Colm Campbell, Fionnuala Ní Aoláin

Fordham International Law Journal

Part I of the Essay assesses the current state of global transitional discourses in light of the critique of current developments offered by Ruti Teitel, William Schabas, Brandon Hamber, Kathleen Cavanaugh and others. This is followed in Part II by an examination of the distinctiveness of the broad contours of the Northern Ireland transition, setting the scene for an exploration of more discrete themes affecting the region: the problem of the past (Part III); and the dynamics of institutional change (Part IV). Part V offers some conclusions.

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On Law, Politics And Contemporary Constitutionalism, Colin Harvey Jan 2002

On Law, Politics And Contemporary Constitutionalism, Colin Harvey

Fordham International Law Journal

Is the political process, with all its difficulties, merely reflective of contemporary constitutionalism? Are the problems an aspect of ongoing inter-communal dialogue? To what extent are existing difficulties exacerbated by a general failure to grasp the difference between the logic of law and political theory and practice? These questions are addressed here in three basic stages: first, the relationship between legal logic and political practice is examined; secondly, the implications of contemporary constitutionalism are explored; and, finally, the agreement and disagreements over its implementation are analyzed.

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Beyond The "Constitutional Moment": Law, Transition, And Peacemaking In Northern Ireland, Kieran Mcevoy, John Morison Jan 2002

Beyond The "Constitutional Moment": Law, Transition, And Peacemaking In Northern Ireland, Kieran Mcevoy, John Morison

Fordham International Law Journal

Our focus in this Article is not predominantly on the doctrinal intricacies of the constitutional framework in Northern Ireland. In fact, while we acknowledge the considerable sophistication of that framework, one of our contentions is that an overly legalistic focus on the shape and forms of constitutional architecture masks key questions concerning the broader political and ideological role of constitution-making. We will argue that the particular exigencies of constitution-making in a post-conflict society require a broader understanding of the notion and role of constitutional law. We attempt to trace the source of constitutional ideas in the jurisdiction, and the role …

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9/11: Usa And Uk, Philip A. Thomas Jan 2002

9/11: Usa And Uk, Philip A. Thomas

Fordham International Law Journal

This Article is based on the inviolability of the legal principles underlying rule of law and explores the ways in which various governments have responded. In addition, it considers the importance of the legislative processes, recognizing that the failure to honor them leaves open the door to executive exploitation and the misuse of power. It also reflects on the efficiency of anti-terrorist legislation. Does this legislation stop, deter or punish criminals; is it "comfort legislation" directed towards producing and maintaining public confidence; or is it counter-productive through the alienation of innocent victims and ethnic, religious and immigrant groups?

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Dealing With The Past In Northern Ireland, Christine Bell Jan 2002

Dealing With The Past In Northern Ireland, Christine Bell

Fordham International Law Journal

This Article "audits" Northern Ireland's discrete mechanisms for dealing with the past, with a view to exploring the wider transitional justice debates. An assessment of what has been done so far is vital to considering what the goals of addressing the past might be, what future developments are useful or required, and what kind of mechanisms might successfully be employed in achieving those goals.

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Transitional Policing Arrangements In Northern Ireland: The Can't And The Won't Of The Change Dialectic, Mary O'Rawe Jan 2002

Transitional Policing Arrangements In Northern Ireland: The Can't And The Won't Of The Change Dialectic, Mary O'Rawe

Fordham International Law Journal

This Article will chart the extent to which this phenomenon has been and is recurring in Northern Ireland since the period of the 1994 Irish Republican Army ("IRA") ceasefire. It will examine the dangers in underestimating the capacity of institutions, structures, and individuals to resist change. It will also explore the potential of such resistance to claw back gains that on the face of it have already been made in formal inter-party negotiations. In the process, the Article will seek to identify why real change in policing is both so important and so difficult in a society seeking to leave …

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Those Who Remember The Past May Not Be Condemned To Repeat It, Stephan Landsman Jan 2002

Those Who Remember The Past May Not Be Condemned To Repeat It, Stephan Landsman

Michigan Law Review

In The Hague, Slobodan Milosevic is on trial for crimes committed in Bosnia, Kosovo and Croatia; in Arusha, Tanzania, Jean Paul Akayasu, a Rwandan bourgmestre, was convicted of genocide; in London, Augusto Pinochet was detained and adjudged amenable to an arrest warrant issued by a Spanish magistrate for acts of torture carried out in Chile; in Belgium, a Hutu Roman Catholic former mother superior was convicted of complicity in the Rwandan genocide; and in Rome a treaty was signed commencing the process that will result in the creation of the International Criminal Court ("ICC"). All these events underscore the startling …

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Evidence Of Terror, Mary Ellen O'Connell Jan 2002

Evidence Of Terror, Mary Ellen O'Connell

Journal Articles

In the hours after the 11 September attacks on the United States, some called for counterattacks on America's enemies, regardless of any evidence of wrong-doing. Those calls were rejected and some evidence was produced linking Osama bin Laden, his organization, al-Qaeda, and the Taliban regime of Afghanistan to the attacks. The United States and United Kingdom began a bombing campaign of Afghanistan on the strength of that evidence on 7 October 2001. This article explores the law of evidence in international law. It seeks to identify what evidence is sufficient for supporting a case of self-defence to clandestine terror attacks.

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International Remedies In National Criminal Cases: Icj Judgment In Germany V. United States, Douglass Cassel Jan 2002

International Remedies In National Criminal Cases: Icj Judgment In Germany V. United States, Douglass Cassel

Journal Articles

In Germany v. United States (2001), the International Court of Justice ruled that the Vienna Convention on Consular Relations confers judicially enforceable rights on foreign nationals detained for prolonged periods or sentenced to severe penalties without notice of their right to communicate with their consulates. The Court also ruled that states which fail to give timely notice cannot later invoke procedural default to bar individuals from judicial relief. However, the Court did not clearly address other issues, such as requiring individuals to show prejudice to the outcome of the trial, or denial of certain remedies for Convention violations, which may …

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Lawful Self-Defense To Terrorism, Mary Ellen O'Connell Jan 2002

Lawful Self-Defense To Terrorism, Mary Ellen O'Connell

Journal Articles

On October 7,2001, the United States and the United Kingdom launched operation Enduring Freedom. Enduring Freedom was a massive aerial and land operation on the territory of Afghanistan in response to the September 11 terror attacks on the United States. The two governments justified Enduring Freedom as an exercise of lawful self-defense. This article examines the elements of self-defense, applying them to Enduring Freedom. At the outset, Enduring Freedom did indeed meet the conditions of lawful self-defense, but later stages of the operation may have gone beyond the bounds of proportionality. The article also looks at the alternatives to self-defense …

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Recognizing The Interdependence Of Rights In The Antidiscrimination Context Through The World Conference Against Racism , Catherine Powell, Jennifer H. Lee Jan 2002

Recognizing The Interdependence Of Rights In The Antidiscrimination Context Through The World Conference Against Racism , Catherine Powell, Jennifer H. Lee

Faculty Scholarship

This background paper assesses the importance of integrating gender into efforts to address racial discrimination and related intolerance in the WCAR process. While this background paper primarily focuses on racial discrimination, the analysis may be applied to xenophobia and related intolerance where these experiences are "raced" experiences. Addressing these forms of intolerance in a comprehensive manner requires unmasking the ways in which race intersects with gender and other status. A gender analysis is needed to make racism more fully visible, because "racial discrimination does not always affect men and women equally or in the same way." Women often experience compounded …

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Copping A Plea To Genocide: The Plea Bargaining Of International Crimes, Nancy Amoury Combs Jan 2002

Copping A Plea To Genocide: The Plea Bargaining Of International Crimes, Nancy Amoury Combs

Faculty Publications

No abstract provided.

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Truth As Right And Remedy In International Human Rights Experience, Thomas Antkowiak Jan 2002

Truth As Right And Remedy In International Human Rights Experience, Thomas Antkowiak

Faculty Articles

Early this year, the Inter-American Court of Human Rights in San Jose, Costa Rica, was faced yet again with a seemingly basic question: Does an individual have a legal right to know the truth about the circumstances surrounding the serious human rights violations a loved one has suffered? One might expect to encounter such a privilege in our victim centered system of international human rights protection-especially within the progressive jurisprudence of the Inter-American Court. Yet, it is simply not to be found as a substantive, explicit right. This essay seeks to explore the origins, scope, and key possibilities of an …

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The Legitimacy Of Amnesties Under International Law And General Principles Of Anglo-American Law, Ronald Slye Jan 2002

The Legitimacy Of Amnesties Under International Law And General Principles Of Anglo-American Law, Ronald Slye

Faculty Articles

This article discusses what makes an amnesty legitimate. The author does this by evaluating amnesties in light of international law critiques of amnesties for human rights violations and from principles of both Anglo-American and international law. First, the author breaks the international law critiques into three schools: the obligation to prosecute, the fundamental rights of victims, and the social stability. From these schools, the author derives principles to evaluate the legitimacy of amnesties. After establishing that the doctrine of non bis in idem is not a barrier to evaluating the legitimacy of foreign amnesties, the author selects areas of law …

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Interpreting U.S. Treaties In Light Of Human Rights Values, Lori Fisler Damrosch Jan 2002

Interpreting U.S. Treaties In Light Of Human Rights Values, Lori Fisler Damrosch

Faculty Scholarship

International treaty law occupies a more secure place in U.S. constitutional text than customary international law. Treaties, we know, are the “supreme law of the land” under Article VI of the Constitution and are routinely applied both in state courts and in federal courts under Article III. So the “awkward relationship” to which I will address myself is how U.S. courts should determine the meaning of an international treaty to which the United States is bound, when the parties involved in court have different views on the substance of the obligation that the United States has undertaken. Thus my general …

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The International And Comparative Criminal Trial Project, Mark Findlay Jan 2002

The International And Comparative Criminal Trial Project, Mark Findlay

Research Collection Yong Pung How School Of Law

The International Criminal Trial Project (ICTP) has been in operation within the Centre for Legal Research (CLR), Nottingham Law school since January 2000. To date the project has succeeded in establishing a global network of scholars researching international and comparative criminal justice. The ICTP examines and compares trial processes and practice in a variety of local, regional and global contexts. The research incorporates particular evaluations of issues and relationships essential to the operation of trial process in different jurisdictions and stages of development. From the focus on the trial the project is producing knowledge about international and comparative criminal justice. …

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Internationalised Criminal Trial And Access To Justice, Mark Findlay Jan 2002

Internationalised Criminal Trial And Access To Justice, Mark Findlay

Research Collection Yong Pung How School Of Law

The influence of a human rights paradigm over the recent development of local and regional criminal justice concerns throughout Europe is indisputable. Essential to this is the commitment that crucial lay parties within the justice process (such as the accused and the victims) should have adequate access to common procedural protections of criminal justice. This paper takes this trend and measures its influence on the development of international criminal justice, the trial in particular. At the very least we argue that parallel concerns about fair trial in the international procedural context will endorse the importance of a fair trial paradigm …

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Two Critiques Of Multiculturalism, Ayelet Shachar Nov 2001

Two Critiques Of Multiculturalism, Ayelet Shachar

Cardozo Law Review

No abstract provided.

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Economic Hardship As Coercion Under The Protocol On International Trafficking In Persons By Organized Crime Elements, Linda A. Malone Nov 2001

Economic Hardship As Coercion Under The Protocol On International Trafficking In Persons By Organized Crime Elements, Linda A. Malone

Faculty Publications

No abstract provided.

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The Republican Constitution Of 1963: The Supreme Court And Federalism In Nigeria, Akin Alao Oct 2001

The Republican Constitution Of 1963: The Supreme Court And Federalism In Nigeria, Akin Alao

University of Miami International and Comparative Law Review

No abstract provided.

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A Comment On The Complementary Jurisdiction Of The International Criminal Court: Adding Insult To Injury In Transitional Contexts?, Jennifer J. Llewellyn Oct 2001

A Comment On The Complementary Jurisdiction Of The International Criminal Court: Adding Insult To Injury In Transitional Contexts?, Jennifer J. Llewellyn

Dalhousie Law Journal

The author examines the principle of complementarity on which the jurisdiction of the International Criminal Court (ICC) is based. Unlike its predecessors, the International Criminal Tribunals for the former Yugoslavia and Rwanda, the ICC can only take jurisdiction over a case when a state is unwilling or unable to investigate or prosecute. The Court is thus designed to complement the work of national criminal courts. This article assesses whether this admissibility standard will allow the ICC to complement the work of truth commissions like that of the South African Truth and Reconciliation Commission. It concludes that the prospect of an …

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Legal & Cultural Approaches To Sexual Matters In Africa: The Cry Of The Adolescent Girl, Oluyemisi Bamgbose Oct 2001

Legal & Cultural Approaches To Sexual Matters In Africa: The Cry Of The Adolescent Girl, Oluyemisi Bamgbose

University of Miami International and Comparative Law Review

No abstract provided.

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Memorandum Of Argument For Leave To Appeal Of The Appellant James R. Demers, Court Of Appeal For Province Of British Columbia, Jeffrey C. Tuomala Jun 2001

Memorandum Of Argument For Leave To Appeal Of The Appellant James R. Demers, Court Of Appeal For Province Of British Columbia, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

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Democratic Justice In Transition, Marion Smiley May 2001

Democratic Justice In Transition, Marion Smiley

Michigan Law Review

Ruti Teitel's Transitional Justice and Ian Shapiro's Democratic Justice come out of very different academic traditions. But they both develop a view of justice that might loosely be called pragmatic by virtue of its treatment of justice as a value that is simultaneously grounded in practice and powerful in bringing about social and political change. Moreover, they both use this shared pragmatic view of justice to provide us with two things that are of great importance to the study of transitional justice and democracy in general. The first is an explanatory framework for understanding how legal institutions and claims about …

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Not Fade Away: The International Criminal Court And The State Of Sovereignty, Jerry Fowler May 2001

Not Fade Away: The International Criminal Court And The State Of Sovereignty, Jerry Fowler

San Diego International Law Journal

Sovereignty concerns were central to the negotiations over the ICC Statute. To be sure, the future court will relate to individuals and States, as well as inter-governmental and non-governmental organizations, in a way that differs from the international institutions created at mid-century. But by designing an institution that must work through and with sovereign States in crucial aspects of its functioning, the ICC Statute presupposes the continued existence of a system based on sovereign States. The Statute's details reinforce the notion that "[d]irectly or indirectly, the entire edifice of international human-rights law is built on state sovereignty." Seen in this …

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The Moral Dilemmas About Trying Pinochet In Spain, Jaime Malamud Goti Apr 2001

The Moral Dilemmas About Trying Pinochet In Spain, Jaime Malamud Goti

University of Miami Inter-American Law Review

No abstract provided.

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The Courts And Legislation: Anglo-American Contrasts (George P. Smith, Ii, Distinguished Professorship-Chair Of Law), Sir David Williams David Q. C. Apr 2001

The Courts And Legislation: Anglo-American Contrasts (George P. Smith, Ii, Distinguished Professorship-Chair Of Law), Sir David Williams David Q. C.

Indiana Journal of Global Legal Studies

On April 12, 2000, Sir David Williams delivered the following lecture at the Indiana School of Law-Bloomington in accordance with The George P. Smith, II, Distinguished Visiting Professorship-Chair of Law and Legal Research endowment. The Chair was established by George P. Smith to broaden students' exposure to scholars and judges of national and international reputation and to allow distinguished visiting scholars the opportunity to do research at Indiana University and share their ideas with the faculty and students of the Indiana University School of Law and Indiana University. George P. Smith, an Indiana native, received his B.S. degree in business, …

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Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann Apr 2001

Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann

Scholarly Works

These remarks were presented on February 24, 2001, in a panel concluding a conference entitled "Holding Multinational Corporations Responsible Under International Law" at Hastings College of the Law, San Francisco, California.

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Introduction: The Building Blocks To Recognition Of Human Rights And Democracy: Reconciliation, Rule Of Law And Domestic And International Peace, James D. Wilets Jan 2001

Introduction: The Building Blocks To Recognition Of Human Rights And Democracy: Reconciliation, Rule Of Law And Domestic And International Peace, James D. Wilets

ILSA Journal of International & Comparative Law

The theme of this 2000 Goodwin Seminar issue, "International Human Rights in the 21st Century: The Role of Development, Reconciliation and Democracy in Securing World Peace," addresses one of the great ironies of the late twentieth century.

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Recent Developments In Internation Law: Anti-Terrorism Legislation -- Part One: An Overview, Joshua D. Zelman Jan 2001

Recent Developments In Internation Law: Anti-Terrorism Legislation -- Part One: An Overview, Joshua D. Zelman

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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