International Judicial Monitor
Published by the International Judicial Academy, Washington, D.C., with assistance from the
American Society of International Law

Spring 2012 Issue
Lexis/Nexis Top 25 Blogs Logo
 
Fatou Bensouda 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.
Read more »
   
The Special Court for Sierra Leone
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 »

   
100 Ways
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 »

   
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 »)

 
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 »)

 
International Resources
Rule of Law Resource Center

West African Judicial Colloquia

Our Courts

European Case Law Database

Maximizing the Legacy of Hybrid Courts

2008 IAJ Study Commissions

(More International Resources »)

 
ASIL Calendar of Events

July 9-10, 2012
Annual International Conference on Law, Regulations and Public Policy (LRPP 2012) »

July 12-13 , 2012
Drafting Model Laws on Indoor Pollution for Developing and Developed Nations »

August 22-24 , 2012
"Partnering for Compliance" Event Information »

September 27-28 , 2012
ASIL-ESIL International Legal Theory Workshop: "Transatlantic Debates in International Legal Theory" »

(More Events »)

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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 »)

  IJA Logo
 
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 »)

  Cases of note
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 »)

  Dr. James G. Apple
 
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 »)

  Richard J. Goldstone
 
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 »)

  Carolyn A. Dubay
 
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 »)

  Donald Shaver
 
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 »)

  Historic Moments
 
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 »)

 
Rene Cassin
 
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 »)

  International Law and Domestic Legal Systems: Incorporation, Transformation, and Persuasion
 
ASIl & International Judicial AcademyInternational 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.