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

Spring 2013 Issue
Lexis/Nexis Top 25 Blogs Logo
Dean Spielmann Justice in Profile
Dean Spielmann, Luxembourg
By: Carolyn A. Dubay, Associate Editor, International Judicial Monitof and Assistant Professor, Charlotte Law School

In 2012, judges of the European Court of Human Rights (ECHR) elected a new President of the Court, Luxembourg’s Dean Spielmann. 
(Read More »)
   
The Eastern Caribbean Supreme Court
International Tribunal Spotlight
The Eastern Caribbean Supreme Court

By: James G. Apple, Editor-in-Chief, International Judicial Monitor and President, International Judicial Academy

The Caribbean area of the Western Hemisphere is not large. The islands that make up the Caribbean are all relatively small, with the exceptions of Jamaica, Cuba and Hispaniola (home of the Dominican Republic and Haiti).
(Read More »)

   
100 Ways
100 Ways
International Law: One Hundred Ways It Shapes Our Lives

BEING ABLE TO VISIT CULTURAL HERITAGE SITES, SUCH AS ANGKOR WAT OR MACHU PICCHU

By: James G. Apple, Editor-in-Chief, International Judicial Monitor and President, International Judicial Academy
(Read More »)

   
ASIL Insights

Economic Cyber Espionage and International Law: Controversies Involving Government Acquisition of Trade Secrets through Cyber Technologies

Will the WTO Finally Tackle Corruption in Public Purchasing? The Revised Agreement on Government Procurement

Supreme Court Holds That Alien Tort Statute Does Not Apply to Conduct in Foreign Countries

(Read More »)

 
Cases of Note

General Court of the European Union 
Poland v. Commission (March 7, 2013)

High Court of Australia finds International Arbitration Act constitutional (March 13, 2013)

Dutch Court sentenced Rwandan-born woman to prison for genocide (March 1, 2013)

International Criminal Tribunal for the former Yugoslavia terminates appellate proceedings in relation to Milan Gvero (March 8, 2013)

(Read More »)

 
ASIL Calendar of Events

June 4, 2013
The Role and Impact of Islamic Law in Transitioning Arab Spring Countries »

June 4, 2013
Washington Foreign Law Society Gala Honors IMF Managing Director Christine Lagarde »

June 6, 2013
Global Challenges - Global Law: The Future of International Law »

June 6, 2013
Global Trends 2030: US Intelligence Community Forecasts and International Dispute Resolution Futures »

(More Events »)

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Editorial

The Virtues of a Case Management System in Courts
By: James G. Apple, Editor-in-Chief, International Judicial Monitor and President, International Judicial Academy

The International Judicial Academy receives each year many judges from outside the United States who participate in its education programs, coming to Washington for seminars and other educational programs on a variety of topics relating to the proper functioning of judges and courts.
(Read More »)

  Dr. James G. Apple
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Leading Figures in International Law

Emmerich de Vattel (Switzerland) (1714 – 1767)
By: James G. Apple, Editor-in-Chief, International Judicial Monitor and President, International Judicial Academy

At a time when international law has in some quarters not only come into disrepute, but also whose very existence has been questioned, it is useful to remind citizens of the United States as well as those who live elsewhere in the world that the United States was founded on principles of international law.
(Read More »)

 
Emmerich de Vattel
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Historic Moments in International Law

The Case of the Corsican Upstart
By: Stephen C. Neff, Reader in Law – Public International Law, University of Edinburgh Law School

We all know the feeling of being saddled with unwanted guests, of various descriptions. At the moment, the United States government is playing reluctant (but stern) host to some 165 people in Guantanamo Bay, on Cuba.
(Read More »)

 
Stephen C. Neff
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Judicial Reform Report

A Light at the End of the Tunnel for the Dramatic Decline of Justice and Protection of Fundamental Rights in Argentina
By: Lucia Druetta, Assistant Editor, International Judicial Monitor and Director of Academic Programs, International Judicial Academy

The Supreme Court of Justice of Argentina has just struck down a substantial part of Argentine President Cristina Fernandez de Kirchner ’s so-called judicial reform.
(Read More »)

  Lucia Druetta
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IJA Docket

International Judicial Academy -
Upcoming Events

  • July, 2013 – Competition Law Seminar in Washington DC for Judges from Latin America
  • August, 2013 – Seminar on Judicial and Court Administration (conducted with the International Law Institute)

(Read More »)

  IJA Logo
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Special Report

Human Rights, Rule of Law, Under Threat After 9/11
By: Ambassador Hans Corell, former Under-Secretary General of the United Nations for Legal Affairs and UN Legal Counsel

A sad turn of events. It is wrong to think that one can "make war" on terrorism. Torture and terrorism are crimes that like other crimes must be fought through law enforcement. But after 11 September 2001, the question of protection of human rights has taken a sad turn.
(Read More »)

  Ambassador Hans Corell
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Justice Sector Assessment

Legislative Process in Palestine
By: Dr. Mutaz M. Qafisheh, Professor of International Law and Legal Clinic Director, Hebron University, Palestine

Due to the different regimes that ruled the country since its separation from the Ottoman Empire in December 1917, the applicable law in Palestine is mixed of various legal systems.
(Read More »)

  Dr. Mutaz M. Qafisheh
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Global Judicial Dialogue

Issues of Culpability in the Context of Criminal Justice and Neuroscientific Evidence
By Susan A. Ehrlich, J.D., LL.M. (biotechnology & genomics), Judge, Arizona Court of Appeals (ret.)

Lex talionis is the law of retribution. The Code of Hammurabi, the Law of Moses and the Qur’an similarly press retributive justice.
(Read More »)

  Judge Susan A. Ehrlich
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Private International Law Discourse

The Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (ICSID Convention)
By: Carolyn A. Dubay, Associate Editor, International Judicial Monitor and Assistant Professor, Charlotte Law School

In 1966, the Convention on the Settlement of Investment Disputes between States and Nationals of Other States entered into force and paved the way for the orderly resolution of international investment disputes through the creation of the International Centre for Settlement of Investment Disputes, commonly known as ICSID.
(Read More »)

  Carolyn A. Dubay
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General Principles of International Law

The United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems
By: Miri Sharon, Drug Control and Crime Prevention Officer, Justice Section, Division for Operations, United Nations Office on Drugs and Crime

On 20 December 2012 the General Assembly adopted the new United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems. (Resolution 67/187).  
(Read More »)

  Carolyn A. Dubay
Viewpoints

Thurgood Marshall and the Infamous Role of Slavery in the United States: a Rule of Law Comparison With Italy and With Europe
By: Professor Giuseppe Tucci

In the reading room of Harvard Law School, the visitor's attention is often attracted to a photograph hanging on the central wall; it shows a march of black people, made up of a multitude of men and women, and leading it, next to a young woman, can be seen a man wearing a white raincoat, whose appearance and determined attitude are striking.
(Read More »)

  Thurgood Marshall
ASIl & International Judicial AcademyInternational Judicial Monitor
© 2013 – 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.