This book aims to provide readers with an overview of the rules of evidence within the International Criminal Court (ICC) and offers guidance for both prosecution and defense counsel. It emphasizes the pivotal role of defense counsel in shaping case law, particularly concerning the admissibility of documentary and forensic evidence, in a system still evolving. Drawing from academic research and practical experience, the book provides practical inside-information for defense counsel on evidence.
Saturday, August 24, 2024
Knoops: International Criminal Evidence at the International Criminal Court: A Defense Perspective
Geert-Jan Alexander Knoops has published International Criminal Evidence at the International Criminal Court: A Defense Perspective (Brill | Nijhoff 2024). Here's the abstract:
Friday, August 23, 2024
New Issue: The Law and Practice of International Courts and Tribunals
The latest issue of The Law and Practice of International Courts and Tribunals (Vol. 23, no. 2, 2024) is out. Contents include:
- Sarah Thin, The End of the Affair: the Extinction of Disputes in International Law
- Federico Travan, The “Inversed Declarations” of Acceptance of the Compulsory Jurisdiction of the International Court of Justice: Brief Reflections on Their Validity and Their Impact on the System of the Optional Clause
- Pauline Martini, Walter Arévalo-Ramírez, & Héctor Olasolo, The International Criminal Court’s New Creatures: Post-preliminary Examination Cooperation Agreements
- Caleb H. Wheeler, Trial in All but Name: Continuing Proceedings in Contravention of the Right to Be Present at Trial
- Lorenzo Acconciamessa, Exporting the Margin of Appreciation: The Role of the European Court of Human Rights in Shaping a General Principle on the Exercise of the International Judicial Function
Thursday, August 22, 2024
Drumbl & Fournet: Sights, Sounds, and Sensibilities of Atrocity Prosecutions
Mark A. Drumbl (Washington and Lee Univ. - Law) & Caroline Fournet (Univ. of Exeter - Law) have published Sights, Sounds, and Sensibilities of Atrocity Prosecutions (Brill | Nijhoff 2024). The table of contents is here. Here's the abstract:
This book unlocks the look, sound, smell, taste, and feel of justice for massive human rights abuses. Twenty-nine expert authors examine the dynamics of the five human senses in how atrocity is perceived, remembered, and condemned. This book is chockful of images. It serves up remarkably diverse content. It treks around the globe: from Pacific war crimes trials in the aftermath of the Second World War to Holocaust proceedings in contemporary Germany, France, and Israel; from absurd show trials in Communist Czechoslovakia to international courtrooms in Arusha, Phnom Penh, and The Hague. Readers embark on a journey that transcends myriad dimensions, including photographic representations of grandfatherly old torturers in Argentina, narco-trafficking in Mexico, colonialisation in India, disinformation and misinformation pixelated in cyberspace, environmental degradation in Cambodia, militarism in Northern Ireland, and civil rights activism in Atlanta. Sights, Sounds, and Sensibilities of Atrocity Prosecutions reimagines what an atrocity means, reconsiders what drives the manufacture of law, and reboots the role of courtrooms and other mechanisms in the pursuit of justice. It unveils how law translates sensory experience into its procedures and institutions, and how humanistic inputs shape perceptions of right and wrong. This book thereby offers a refreshing primer on the underappreciated role of aesthetics, time, and emotion in the world of law.
New Issue: ICSID Review: Foreign Investment Law Journal
The latest issue of the ICSID Review: Foreign Investment Law Journal (Vol. 39, no. 1, Winter 2024) is out. Contents include:
- Lecture
- Catherine Amirfar, 2023 Lalive Lecture
- Practice Note
- Natalí Sequeira & Ben Love, Translation and Interpretation in ICSID Proceedings
- Case Comments
- Juan Du & Zhenxing Zhang, AsiaPhos Limited and Norwest Chemicals Pte Ltd v People's Republic of China: Unpredictable Jurisdiction under the Restrictive ISDS Mechanism
- Javier Garcia Olmedo, Mihaljević v Croatia: Abuse of Rights and Nationality Planning by Natural Persons
- Notes
- Ignacio Torterola & Farhod Sharipov, The 2022 ICSID Arbitration Rules: Modernizing International Investment Dispute Resolution
- Yueming Yan, Corruption and the (Un)Clean Hands Doctrine in Investor-State Arbitration: Definitional and Reciprocity Challenges
- Articles
- Stavros Brekoulakis & Anna Howard, Contextual Impartiality: A New Approach to Assessing Impartiality in Investor-State Dispute Settlement
- Mariam Gotsiridze, Challenges of Mediating Investor-State Disputes
- Wei Sun, A New Test Toward Consistency in International Investment Arbitration
- Błażej Kuźniacki, The Compatibility of the Substance over Form Doctrine with Tax and Investment Treaties: A Case Study of Lone Star v the Republic of Korea
Wednesday, August 21, 2024
Nuremberg Forum 2024: “For Every Child: Protecting Children's Rights in Armed Conflict”
The International Nuremberg Principles Academy will host Nuremberg Forum 2024, on October 10-12, 2024. The theme is: “For Every Child: Protecting Children's Rights in Armed Conflict.” Details are here.
Tuesday, August 20, 2024
New Issue: Journal of Conflict & Security Law
The latest issue of the Journal of Conflict & Security Law (Vol. 29, no. 2, Summer 2024) is out. Contents include:
- Barry de Vries, Prohibiting the use of biological weapons: diverging national measures, a comparative analysis
- Manuel Galvis Martínez, Allegiance in International Humanitarian Law: the duty of fidelity and the laws of armed conflict
- Ida Asscher, Shifting responsibilities and security threats by depriving foreign terrorist fighters of their nationality
- Sofie-Marie Terrey & Ansgar Münichsdorfer, Humanitarian exemptions: illusive progress in safeguarding humanitarian assistance in the international counterterrorism architecture
Monday, August 19, 2024
New Issue: Journal of World Investment & Trade
The latest issue of the Journal of World Investment & Trade (Vol. 25, no. 4, 2024) is out. Contents include:
- Andrew D Mitchell, Hometown Heroes: Onshoring, Promoting Local Content & WTO Law
- Jeriel Teo, Jerome Richter, Sayali Kadu, & Tasmine Khaw, Rebalancing Investment Protection Standards: Analysing the Effectiveness of New Treaty Language in Preserving Regulatory Space for Host States
- Christian Bellak & Markus Leibrecht, Do the New Brazilian Agreements on Cooperation and Facilitation of Investment Promote Outward Foreign Direct Investment?
Job Openings: Doctoral Candidate and Senior Research Fellow (Postdoc) with Anne Peters
The Max Planck Institute for Comparative Public Law and International Law is seeking to recruit a Doctoral Candidate and a Senior Research Fellow (Postdoc) to work with Anne Peters. The job postings are here: Doctoral Candidate/Senior Research Fellow.
New Issue: Trade, Law and Development
The latest issue of Trade, Law and Development (Vol. 15, no. 1, Summer 2023) is out. Contents include:
- Special Issue: Sustainability & Inclusivity: Evolving Paradigms of the Global Economy
- Andréia Costa Vieira, Humanitarian Crisis and Refugees: What Has Trade Got to Do with It?
- Giulia Cladia Leonelli, A Fresh Look at the Aim-and-Effects Debate: EU-Palm Oil and the Centrality of the Chapeau of Article XX GATT
- Amit Kumar Sinha, Locating Women in Indian Investment Agreements
- Marie-Claire Cordonier Segger & Javiera Cáceres, Sustainable Development and Climate Change Mitigation in International Trade and Investment Law: Lessons Learned from EU-Chile, EU-Mercosur, EU-Kenya & ACCTS
Sunday, August 18, 2024
New Issue: International Criminal Law Review
The latest issue of the International Criminal Law Review (Vol. 24, no. 4, 2024) is out. Contents include:
- Special Issue: Dictators and Dissidents
- Maartje Weerdesteijn & Willemijn Born, Dictators and Dissidents: Nonviolent Resistance in Authoritarian Regimes
- Kjersti Lohne, Autocracies and the International Criminal Court: Civil Society Engagement, Dissident ngo s, and the Pursuit of Justice
- Stephen McLoughlin, Authoritarianism, Popular Resistance and Regime Change in Zambia
- Willemijn Born, Maartje Weerdesteijn, & Joris van Wijk, Dissecting Dissent in Russia: A Multilevel Framework of Nonviolent Resistance in Repressive Regimes
- Srda Popovic, Slobodan Djinovic, & Edin Mujkic, Nonviolent Struggle and Effective Tactics: A Comprehensive Analysis of the otpor Movement
- Fatma Z. Khalil & Jacquelien van Stekelenburg, Trajectories of Contestation: Motivational Dynamics in Repressive Regimes
- Barbora Holá & Mark A. Drumbl, ‘Resisting’ while Collaboratively Informing in Communist Czechoslovakia
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