Published
by the International Judicial Academy, Washington, D.C., with assistance
from the
American Society of International Law
Spring 2012 Issue |
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Justice
in Profile
Fatou Bensouda
Republic of Gambia
Prosecutor, International Criminal Court
By: Lucia Druetta, Assistant Editor, International
Judicial Monitor and Director of Academic Programs, International Judicial
Academy
When the International Criminal Court was created ten years
ago, one of the very early tasks of the Assembly of States Parties of the ICC
(ASP) was to select a chief prosecutor.
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International
Tribunal Spotlight
The Special
Court for Sierra Leone (revisited)
By: Carolyn A. Dubay, Associate Editor, International Judicial Monitor
The Special Court for Sierra Leone (SCSL) is a hybrid international
criminal court established in 2002 by the United Nations and Sierra Leone to
“try those who bear the greatest responsibility for serious violations of
international humanitarian law and Sierra Leonean law committed in the
territory of Sierra Leone since 30 November 1996,” as indicated on the SCSL’s
website. Read
more »
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100 Ways
International Law: One Hundred Ways It
Shapes Our Lives
PLACING AND RECEIVING TELEPHONE CALLS WORLDWIDE
By: James G. Apple,
Editor-in-Chief, International Judicial Monitor and President, International
Judicial Academy
Read
more »
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Private International Law Discourse |
The Legacy
of Friedrich Carl von Savigny
By: Carolyn A. Dubay, Associate Editor, International Judicial Monitor
The nineteenth
century was a watershed in the development of private international law as
jurists and scholars began to challenge centuries-old concepts of how to deal
with the confusing legal problems associated with choice of law in
international disputes and the forum shopping that ensued. (Read More ») |
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Special Report |
Shifting Legal Education in China
By:
Taryn Marks, Research Clerk to Justice Robert H. Edmonds, North Carolina
Supreme Court and Former Lecturer, Peking University School of Transnational
Law, Shenzhen, China
In 2008,
Peking University’s School of Transnational Law (STL) opened its doors. (Read More ») |
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NEWS
AND PROGRAMMATIC HIGHLIGHTS |
IJA
Docket |
International Judicial Academy -
Upcoming Events
- July,
2012 – Intellectual Property and Justice Seminar in Washington, D.C. for judges
from Brazil.
- July
2012 – Junior Judges Program in Washington, D.C. for Students from Shanghai
University, China.
- July,
2012 – Mediation and ADR Study Tour in Buenos Aires, Argentina for Judges
from Beijing High People’s Court, China.
(Read More ») |
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ASIL Insights |
The Internet, Human Rights, and U.S. Foreign Policy: The Global Online Freedom
Act of 2012
The Airbus-Boeing Subsidy Dispute: With Both Parties in
Violation, Is There an End in Sight?
The WTO Appellate Body Outlaws Discrimination in U.S.
Flavored Cigarette Ban
(More Insights ») |
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OPINIONS AND COMMENTARY |
Editorial |
China and Its Legal System
– Vastly Matured in Thirty Years
By: James G. Apple, Editor-in-Chief, International
Judicial Monitor and President, International Judicial Academy
Several years ago I attended
a lecture in Washington, D.C. about China. The presentation was given by a
former senior member of the U.S. diplomatic corps. Part of his diplomatic
career in the recent past had been spent in China.
(Read More »)
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Global Judicial Perspective |
The ICC Judicial Elections
By: Richard J. Goldstone, Former Justice of the Constitutional Court of South Africa, First Chief Prosecutor of the International Criminal Tribunal for Yugoslavia, and Regular Columnist, International Judicial Monitor
The Rome Statute that governs the International Criminal Court
(ICC) specifies in Article 36 the qualifications that are required for judicial
nominees. The judges are required to be persons of high moral character,
impartiality and integrity who possess the qualifications required in their
respective states for appointment to the highest judicial office.
(Read
More ») |
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General
Principles of International Law |
The
Act of State Doctrine
By: Carolyn A. Dubay, Associate Editor, International
Judicial Monitor
At the
height of the Cold War, and in the aftermath of the Cuban Missile Crisis and
the failed Bay of Pigs invasion, the Supreme Court was asked to wade into the
legality of Cuba’s actions in nationalizing its sugar industry and
expropriating domestic sugar refineries and related business concerns,
including those owned by American investors.
(Read More ») |
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Justice Sector Assessment |
The EU Roadmap for
Strengthening Procedural Rights of Suspects and Accused Persons in Criminal
Proceedings: Is the EU Moving Closer to Miranda?
By: Donald Shaver, Judge,
Superior Court of California (ret.); Candidate for Master of Laws (LL.M)
degree, Utrecht University, The Netherlands
Both the Charter of Fundamental Rights of the European
Union and the European Convention of Human Rights have been interpreted to
provide for various fundamental rights on arrest similar to those under U.S.
law, e.g. a right to remain silent, not to incriminate ones self, and to the
assistance of an attorney. (Read More »)
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Historic
Moments in International Law |
Origin of Definition of “Necessity” in the International Law of Self Defense – the Caroline Affair
By: James G. Apple, Editor-in-Chief, International
Judicial Monitor and President, International Judicial Academy
When the United States under President George W. Bush was
considering the invasion of Iraq before and during the month of March, 2003,
proponents of such action argued that such action was justified under the
international law of self-defense, in this case, anticipatory self defense.
(Read More ») |
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Leading
Figures in International Law |
Rene Cassin (France) (1897 -1976)
By: James G. Apple, Editor-in-Chief, International Judicial Monitor and President, International Judicial Academy
The contributions of Rene Cassin to the cause of
international law, particularly international human rights law, are enormous.
(Read More ») |
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In Review: New Publications on International and Comparative Law |
International Law and Domestic Legal Systems:
Incorporation, Transformation, and Persuasion
By
Dinah Shelton
Oxford University Press. 2012
Reviewed By: David P. Stewart, Visiting
Professor of Law, Georgetown University Law Center; Counselor to the
International Judicial Academy; Member, Inter-American Juridical Committee
The emergence of new
international courts and tribunals constitutes one of the most significant
changes in the international system over the past several decades.
(Read
More ») |
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International
Judicial Monitor
© 2012 – The International Judicial Academy
with assistance
from the American Society of International Law.
Editor: James G. Apple.
IJM welcomes comments, suggestions, and submissions.
Please contact the IJM editor at ijaworld@verizon.net. |
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