Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Ethical Concerns In Court-Connected Online Dispute Resolution, Dorcas Quek Anderson
Ethical Concerns In Court-Connected Online Dispute Resolution, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
This article examines the burgeoning trend of creating court ODR systems, focusing on the design aspects that are likely to raise ethical challenges. It discusses four salient questions to be considered when designing a court ODR system, and the resulting ethical tensions that are brought to the fore. As a fourth party, the ODR system not only replaces existing court functions, but enlarges the scope of the courts’ intervention in disputes and increases the courts’ interface with the user. Furthermore, certain ethical principles such as transparency, accountability, impartiality and fairness take on greater significance in the court context than in …
Enunciating Genocide: Crime, Rights And The Impact Of Judicial Intervention, Mark Findlay
Enunciating Genocide: Crime, Rights And The Impact Of Judicial Intervention, Mark Findlay
Research Collection Yong Pung How School Of Law
As a consequence of recent decisions from the ICJ and the ICTR, it is clear that genocide can be pursued through the international courts both in terms of criminal liability and also rights/responsibility legal paradigms. This article suggests that this duality in possible contexts and processes of judicial determination, while being procedurally problematic, is in keeping with the human rights direction of international criminal justice. In addition, by opening the legal consideration of genocide to questions of individual liability as well as state-sponsored rights abuse, judges are now able to consider the more realistic complexity of genocide atrocity and thereby …
Activating Victim Constituency In International Criminal Justice, Mark Findlay
Activating Victim Constituency In International Criminal Justice, Mark Findlay
Research Collection Yong Pung How School Of Law
This article lays out why in the context of global crime, crime control and the legitimacy of global governance, a victim constituency makes sense in terms of the stated aims of international criminal justice and of a wider ‘new morality’ on which it should be grounded. The incapacity to confront appropriately the consequences to victims of global crime has tended to mean that international criminal justice and the governance that flows from it are unsatisfactorily entwined with sectarian international relations and narrow cultural inclusion. Therefore, in governance terms alone, the conceptualization of global crime victims should be expanded and emancipated …
The Ambiguity Of Accountability: Relationships Of Corruption And Control, Mark Findlay
The Ambiguity Of Accountability: Relationships Of Corruption And Control, Mark Findlay
Research Collection Yong Pung How School Of Law
Corruption is a relationship of power and influence, existing within, and taking its form from specific environments of opportunity. Opportunity is, in turn, designated by the aspirations for such a relationship, and structures and processes at work towards its regulation. Both the creation and blocking of corruption opportunities are consequences of corruption control. Corruption regulation does not progress from prevention ideology to operational strategies in terms of total control, and therefore the regulatory space within which corruption and control interact becomes a construction of dependence.