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Article

A Reflection on the Evolution of Corporate Culture and Conflict Resolution (Part II)

The Resonance of Individual Conflict Resolution on the Collective Organisational Psyche

Journal Corporate Mediation Journal, Issue 2 2020
Keywords mediation, evolution system, corporate culture, conflict resolution, power struggle
Authors Hilde Kroon and Marcel Baatsen
AbstractAuthor's information

    In this article, a roadmap is proposed for both individual growth and eventual maturation of an organisation as regards how conflict is dealt with. Much can be achieved within organisations when the individuals who work there succeed in discovering and deploying their potential in order to deal with conflict in a mature manner.
    An organisation is a compilation of individuals and the overall culture of the organisation is, ultimately, determined by the collective wisdom of the people that form it, when it comes to dealing with conflict and related difficulties. The authors of this article propose a shared view to unearth the potential of an individual working in an organisation to creatively and proactively manage conflict, thereby opening a corporate portal that empowers the adoption of beneficial solutions in response to disarming and preventing difficult organisational situations.
    In Part II, the authors will show how managers can develop themselves in management styles embedded in the Evolution System to support individuals and the organisation in their development to maturation.


Hilde Kroon
Mr. Hilde Kroon is an independent mediator and trainer.

Marcel Baatsen
Marcel Baatsen is a former engineer and a freelance trainer.
Article

A Reflection on the Evolution of Corporate Culture and Conflict Resolution (Part I)

The Resonance of Individual Conflict Resolution on the Collective Organisational Psyche

Journal Corporate Mediation Journal, Issue 2 2020
Keywords mediation, evolution system, corporate culture, conflict resolution, power struggle
Authors Hilde Kroon and Marcel Baatsen
AbstractAuthor's information

    In this article, a roadmap is proposed for both individual growth and eventual maturation of an organisation as regards how conflict is dealt with. Much can be achieved within organisations when the individuals who work there succeed in discovering and deploying their potential in order to deal with conflict in a mature manner.
    An organisation is a compilation of individuals and the overall culture of the organisation is, ultimately, determined by the collective wisdom of the people that form it, when it comes to dealing with conflict and related difficulties. The authors of this article propose a shared view to unearth the potential of an individual working in an organisation to creatively and proactively manage conflict, thereby opening a corporate portal that empowers the adoption of beneficial solutions in response to disarming and preventing difficult organisational situations.
    In Part I, the authors will discuss the transformation of the fear-based ego to clear a pathway for development to maturation of individuals and the overall culture of an organisation, following a multidimensional three-step Evolution System.


Hilde Kroon
Mr. Hilde Kroon is an independent mediator and trainer.

Marcel Baatsen
Marcel Baatsen is a former engineer and a freelance trainer.
Human Rights Practice Review

Bosnia and Herzegovina

Journal East European Yearbook on Human Rights, Issue 1 2020
Authors Enis Omerović and Lejla Zilić
Author's information

Enis Omerović
Dr. Enis Omerović, PhD, Assistant Professor at the Department of State and Public International Law, Faculty of Law, University of Zenica, Bosnia and Herzegovina.

Lejla Zilić
Mr. Sc. Lejla Zilić, MA, Teaching Assistant at the Department of Criminal Law, Faculty of Law, University of Zenica, Bosnia and Herzegovina.
Human Rights Literature Review

Belarus

Journal East European Yearbook on Human Rights, Issue 1 2020
Authors E. Konnova and P. Marshyn
Author's information

E. Konnova
Head of the Chair of International Law of Belarusian State University, Director of Human Rights Center based at the Faculty of International Relations of Belarusian State University, PhD (international law).

P. Marshyn
PhD student at the Chair of International Law of Belarusian State University, LLM (law). Justice of Belarus, available at: https://justbel.info/pages/about-us (last accessed 26 July 2020).
Article

Does the Fight Against the Pandemic Risk Centralizing Power in Pakistan?

Journal European Journal of Law Reform, Issue 4 2020
Keywords PTI government, 18th amendment, 1973 Constitution, lockdown, economic impact
Authors David A. Thirlby
AbstractAuthor's information

    When the pandemic struck Pakistan, there was a high-profile divergence between how the federal government and the provincial government of Sindh responded. This points to a tension between the need for a national approach to tackle the pandemic and the prerogative of the provinces to deal with health issues under its devolved powers. These powers were the result of the 18th amendment, which restored a parliamentary federal democracy. Power has also been decentralized from executive presidents to parliamentary forms of government. However, parliamentary systems centralize power within the executive: a trend which the pandemic has reinforced. The article will explore the various interplays although it is the economic landscape which will prove most challenging. Although the emergence of a national centralized approach to combat the pandemic points to a weakening of the devolution process and therefore the reasoning behind the 18th amendment, the situation is more complex which this article seeks to explore.


David A. Thirlby
David A. Thirlby is Senior Programme Manager Asia, Westminster Foundation for Democracy
Article

Access_open Post-Conviction Remedies in the Italian Criminal Justice System

Journal Erasmus Law Review, Issue 4 2020
Keywords wrongful conviction, revision, extraordinary appeal, rescission of final judgment, res judicata
Authors Luca Lupária Donati and Marco Pittiruti
AbstractAuthor's information

    The Italian Constitution expressly contemplates the possibility of a wrongful conviction, by stating that the law shall determine the conditions and forms regulating damages in case of judicial error. Therefore, it should come as no surprise that many provisions of the Italian Code of Criminal Procedure (CCP) deal with the topic. The aim of this article is to provide an overview of the post-conviction remedies in the Italian legal system by considering the current provisions of the CCP, on the one hand, and by exploring their practical implementation, on the other.


Luca Lupária Donati
Luca Lupária is Full Professor of Criminal Procedure at Roma Tre University, Director of the Italy Innocence Project and President of the European Innocence Network.

Marco Pittiruti
Marco Pittiruti is researcher of Criminal Procedure at Roma Tre University.
Article

Access_open Overturning Wrongful Convictions by Way of the Extraordinary Review

The Spanish Experience

Journal Erasmus Law Review, Issue 4 2020
Keywords extraordinary review, remedies, fair trial, wrongful convictions, criminal justice, innocence, procedural safeguards, justice
Authors Lorena Bachmaier Winter and Antonio Martínez Santos
AbstractAuthor's information

    According to the traditional view, the ultimate aim of the extraordinary review (recurso de revisión) provided in the Spanish justice system was to deal with wrongful criminal convictions and correct those serious miscarriages of justice which became apparent only after the judgment had become final. However, the 2015 reform called this traditional view into question by formally including two additional grounds for review that are not necessarily related to the correcting miscarriages or blatant mistakes in the assessment of the facts made by the sentencing court. This paper aims to give an overview of the extraordinary review in Spain. To that end it will first address the legal framework and its practical implementation, as well as present pitfalls and best practices. Finally, future trends and challenges will be identified in order to improve the protection of defendants who have suffered a wrongful conviction.


Lorena Bachmaier Winter
Lorena Bachmaier Winter is Professor of Law at the Universidad Complutense de Madrid.

Antonio Martínez Santos
Antonio Martínez Santos is Associate Professor of Law, Francisco de Vitoria University, Madrid.
Article

Towards Online Dispute Resolution-Led Justice in China

Journal International Journal of Online Dispute Resolution, Issue 2 2020
Keywords Online Dispute Resolution, smart court, internet court, access to justice, China
Authors Carrie Shu Shang and Wenli Guo
AbstractAuthor's information

    The use of online dispute resolution (ODR) in courts is a growing topic of interest. By focusing on the recent development of ODR-connected smart courts in China, this article explores ODR’s potential impact on Chinese legal systems from three aspects: role of courts and the legal profession, due process rights, and information safety. By focusing on changing dispute resolution theories – from emphasizing on conflict resolution to dispute prevention – the article argues that ODR-led court reforms rose to the centre because the reform caters to specific purposes of the recent series of reforms conducted under the auspices of the Rule of Law campaign, by prioritizing efficiency goals and attempting to enhance individualist justice experiences. In this article, we define the meaning of ODR in China and describe and categorize ODR technologies that are currently in use in China. Based on these general findings and promising technological options of ODR, we also recommend ways to better implement ODR in Chinese courts to take full advantage of technological advancements.


Carrie Shu Shang
Carrie Shu Shang, Assistant Professor, Coordinator, Business Law program, California State Polytechnic University, Pomona,

Wenli Guo
Wenli Guo, Ph.D., Assistant President, Beiming Software Co. Ltd., President, Internet Nomocracy Institute of Beiming Software Co. Ltd.,
Article

Paperless Arbitration

The New Trend?

Journal International Journal of Online Dispute Resolution, Issue 2 2020
Keywords paperless arbitration, arbitral practice and procedure, cybersecurity, new technology
Authors William Brillat-Capello, Laura Canet, Gillian Carmichael Lemaire e.a.
AbstractAuthor's information

    A webinar organized by Laura Canet and William Brillat-Capello, with Gillian Carmichael Lemaire, Yulia Mullina, Sebastián Partida, Sarah Tulip, Sergey Alekhin as speakers
    This webinar, organized by the associates of the Paris-based firm Betto Perben Pradel Filhol, was held at the beginning of the COVID-19 pandemic. Since then, arbitral practice and procedure have evolved considerably because of the increase in the number of paperless arbitrations and paperless hearings. The issues and challenges discussed below are still relevant to assess whether this trend will become the normal way of conducting arbitrations after the end of the current global health crisis or will simply constitute one of the tools available to practitioners. As the world is still dealing with this unprecedented crisis, the transcription of this webinar offers a snapshot of some of the earliest conclusions reached about how the pandemic is changing arbitration as we knew it.


William Brillat-Capello
William Brillat-Capello is associate at Betto Perben Pradel Filhol.

Laura Canet
Laura Canet is is associate at Betto Perben Pradel Filhol.

Gillian Carmichael Lemaire
Gillian Carmichael Lemaire is Independent Arbitration Practitioner.

Yulia Mullina
Yulia Mullina is Executive Administrator at the Russian Arbitration Center.

Sebastián Partida
Sebastián Partida is Corporate Counsel at Hewlett Packard Enterprise.

Sarah Tulip
Sarah Tulip is barrister at 3VB.

Serghei Alekhin
Serghei Alekhin is Counsel at Willkie Farr & Gallagher LLP.
Article

Access_open Positive State Obligations under European Law: A Tool for Achieving Substantive Equality for Sexual Minorities in Europe

Journal Erasmus Law Review, Issue 3 2020
Keywords Positive obligations, sexual minorities, sexual orientation, European law, human rights
Authors Alina Tryfonidou
AbstractAuthor's information

    This article seeks to examine the development of positive obligations under European law in the specific context of the rights of sexual minorities. It is clear that the law should respect and protect all sexualities and diverse intimate relationships without discrimination, and for this purpose it needs to ensure that sexual minorities can not only be free from state interference when expressing their sexuality in private, but that they should be given the right to express their sexuality in public and to have their intimate relationships legally recognised. In addition, sexual minorities should be protected from the actions of other individuals, when these violate their legal and fundamental human rights. Accordingly, in addition to negative obligations, European law must impose positive obligations towards sexual minorities in order to achieve substantive equality for them. The article explains that, to date, European law has imposed a number of such positive obligations; nonetheless, there is definitely scope for more. It is suggested that European law should not wait for hearts and minds to change before imposing additional positive obligations, especially since this gives the impression that the EU and the European Court of Human Rights (ECtHR) are condoning or disregarding persistent discrimination against sexual minorities.


Alina Tryfonidou
Alina Tryfonidou is Professor of Law, University of Reading.
Article

Access_open How Far Should the State Go to Counter Prejudice?

A Positive State Obligation to Counter Dehumanisation

Journal Erasmus Law Review, Issue 3 2020
Keywords prejudice, soft paternalism, empathy, liberalism, employment discrimination, access to goods and services
Authors Ioanna Tourkochoriti
AbstractAuthor's information

    This article argues that it is legitimate for the state to practice soft paternalism towards changing hearts and minds in order to prevent behaviour that is discriminatory. Liberals accept that it is not legitimate for the state to intervene in order to change how people think because ideas and beliefs are wrong in themselves. It is legitimate for the state to intervene with the actions of a person only when there is a risk of harm to others and when there is a threat to social coexistence. Preventive action of the state is legitimate if we consider the immaterial and material harm that discrimination causes. It causes harm to the social standing of the person, psychological harm, economic and existential harm. All these harms threaten peaceful social coexistence. This article traces a theory of permissible government action. Research in the areas of behavioural psychology, neuroscience and social psychology indicates that it is possible to bring about a change in hearts and minds. Encouraging a person to adopt the perspective of the person who has experienced discrimination can lead to empathetic understanding. This, can lead a person to critically evaluate her prejudice. The paper argues that soft paternalism towards changing hearts and minds is legitimate in order to prevent harm to others. It attempts to legitimise state coercion in order to eliminate prejudice and broader social patterns of inequality and marginalisation. And it distinguishes between appropriate and non-appropriate avenues the state could pursue in order to eliminate prejudice. Policies towards eliminating prejudice should address the rational and the emotional faculties of a person. They should aim at using methods and techniques that focus on persuasion and reduce coercion. They should raise awareness of what prejudice is and how it works in order to facilitate well-informed voluntary decisions. The version of soft paternalism towards changing minds and attitudes defended in this article makes it consistent with liberalism.


Ioanna Tourkochoriti
Ioanna Tourkochoriti is Lecturer Above the Bar, NUI Galway School of Law.
Article

Access_open The Potential of Positive Obligations Against Romaphobic Attitudes and in the Development of ‘Roma Pride’

Journal Erasmus Law Review, Issue 3 2020
Keywords Roma, Travellers, positive obligations, segregation, culturally adequate accommodation
Authors Lilla Farkas and Theodoros Alexandridis
AbstractAuthor's information

    The article analyses the jurisprudence of international tribunals on the education and housing of Roma and Travellers to understand whether positive obligations can change the hearts and minds of the majority and promote minority identities. Case law on education deals with integration rather than cultural specificities, while in the context of housing it accommodates minority needs. Positive obligations have achieved a higher level of compliance in the latter context by requiring majorities to tolerate the minority way of life in overwhelmingly segregated settings. Conversely, little seems to have changed in education, where legal and institutional reform, as well as a shift in both majority and minority attitudes, would be necessary to dismantle social distance and generate mutual trust. The interlocking factors of accessibility, judicial activism, European politics, expectations of political allegiance and community resources explain jurisprudential developments. The weak justiciability of minority rights, the lack of resources internal to the community and dual identities among the Eastern Roma impede legal claims for culture-specific accommodation in education. Conversely, the protection of minority identity and community ties is of paramount importance in the housing context, subsumed under the right to private and family life.


Lilla Farkas
Lilla Farkas is a practising lawyer in Hungary and recently earned a PhD from the European University Institute entitled ‘Mobilising for racial equality in Europe: Roma rights and transnational justice’. She is the race ground coordinator of the European Union’s Network of Legal Experts in Gender Equality and Non-discrimination.

Theodoros Alexandridis
Theodoros Alexandridis is a practicing lawyer in Greece.
Article

Access_open State Obligations to Counter Islamophobia: Comparing Fault Lines in the International Supervisory Practice of the HRC/ICCPR, the ECtHR and the AC/FCNM

Journal Erasmus Law Review, Issue 3 2020
Keywords Human rights, positive state obligations, islamophobia, international supervisory mechanisms
Authors Kristin Henrard
AbstractAuthor's information

    Islamophobia, like xenophobia, points to deep-seated, ingrained discrimination against a particular group, whose effective enjoyment of fundamental rights is impaired. This in turn triggers the human rights obligations of liberal democratic states, more particularly states’ positive obligations (informed by reasonability considerations) to ensure that fundamental rights are effectively enjoyed, and thus also respected in interpersonal relationships. This article identifies and compares the fault lines in the practice of three international human rights supervisory mechanisms in relation to Islamophobia, namely the Human Rights Committee (International Covenant on Civil and Political Rights), the European Court of Human Rights (European Convention on Human Rights) and the Advisory Committee of the Framework Convention for the Protection of National Minorities. The supervisory practice is analysed in two steps: The analysis of each international supervisory mechanism’s jurisprudence, in itself, is followed by the comparison of the fault lines. The latter comparison is structured around the two main strands of strategies that states could adopt in order to counter intolerance: On the one hand, the active promotion of tolerance, inter alia through education, awareness-raising campaigns and the stimulation of intercultural dialogue; on the other, countering acts informed by intolerance, in terms of the prohibition of discrimination (and/or the effective enjoyment of substantive fundamental rights). Having regard to the respective strengths and weaknesses of the supervisory practice of these three international supervisory mechanisms, the article concludes with some overarching recommendations.


Kristin Henrard
Kristin Henrard is Professor International Human Rights and Minorities, Erasmus School of Law, Rotterdam, the Netherlands.
Article

Access_open New Sales and Contract Law in Argentina and France

Models for Reform Inspired by the CISG and the PICC?

Journal European Journal of Law Reform, Issue 3 2020
Keywords contracts, sales, law reform, CISG, UNIDROIT Principles, Argentina, France, comparative law
Authors Edgardo Muñoz and Inés Morfín Kroepfly
AbstractAuthor's information

    The Argentine and the French civil codes have recently undergone substantial modifications to their contract law provisions. These novel statutes could serve as models for future B2B contract law reforms in Latin American jurisdictions and beyond, as former Argentine and French laws have done in the past. The authors offer a contribution that paves the way in that direction with a systematic comparative analysis. As a starting point, this article unveils the influence that the modern unified laws on contracts (UNIDROIT Principles on International Commercial Contracts (PICC) and United Nations Convention on Contracts for the International Sale of Goods of 1980 (CISG)) have in Argentina’s and France’s new contract law. It also highlights the most obvious similarities and differences in both sets of rules. This contribution goes beyond simple tertium comparisons; the authors analyse which of the two laws offers better, or more effective, rules to achieve the desired contract law functions in various matters. Readers are provided with the best rule or solution to address the problem in question and, as the authors hope, they should conclude that both models provide for a range of complementary solutions for modern contract law reforms.


Edgardo Muñoz
Professor of Law, Universidad Panamericana. School of Law. Calzada Álvaro del Portillo 49, Zapopan, Jalisco, 45010, Mexico. Ph.D. (Basel), LL.M. (UC Berkeley), LL.M. (Liverpool), LL.B. (UIA Mexico), DEUF (Lyon), emunoz@up.edu.mx.

Inés Morfín Kroepfly
Ines Morfin Kroepfly, J.D., Universidad Panamericana, Guadalajara.
Article

Building Legislative Frameworks

Domestication of the Financial Action Task Force Recommendations

Journal European Journal of Law Reform, Issue 3 2020
Keywords domestication, legislative processes, functionality, efficacy
Authors Tshepo Mokgothu
AbstractAuthor's information

    As the international financial framework develops it has brought with it dynamic national legislative reforms. The article establishes how the domestication of the Financial Action Task Force (FATF) Recommendations directly affects national legislative processes as the FATF mandate does not have due regard to national legislative drafting processes when setting up obligations for domestication. The article tests the FATF Recommendations against conventional legislative drafting processes and identifies that, the proposed structures created by the FAFT do not conform to traditional legislative drafting processes. Due regard to functionality and efficacy is foregone for compliance. It presents the experience of three countries which have domesticated the FATF Recommendations and proves that the speed at which compliance is required leads to entropic legislative drafting practices which affects harmonisation of national legislation.


Tshepo Mokgothu
Tshepo Mokgothu, LLB (University of Botswana), LLM (University of Kent) is a recipient of the Joint Master in Parliamentary Procedures and Legislative Drafting and a Senior Legislative Drafter at The Attorney General’s Chambers in Botswana.
Article

Regional Differentiation in Europe, between EU Proposals and National Reforms

Journal European Journal of Law Reform, Issue 3 2020
Keywords regional differentiation, regional disparities, autonomy, regionalism, subsidiarity, European Union, multilevel governance
Authors Gabriella Saputelli
AbstractAuthor's information

    Regions and local governments play a very important role in the application of European law and in the implementation of European policies. The economic crisis of 2008 has accentuated territorial and social differentiation and highlighted the negative effects of globalization. This circumstance has created resentment among peripheral and marginal communities in the electoral results, but also a strong request for involvement, participation and sometimes independence from territories. These developments raise new questions about the relationship between the EU and the Regions and, more widely, about the role of subnational entities in the EU integration process, as they are the institutions nearest to citizens.
    The aim of this article is to contribute to that debate by exploring the following research question: ‘is subnational differentiation positive or negative for European integration?’ Towards a possible answer, two perspectives are examined from a constitutional law approach. From the top down, it examines the attitude of the EU towards regional differentiation, from the origins of the EU integration process and its development until recent initiatives and proposals. From the bottom up, it analyses the role of subnational entities by presenting the Italian experience, through the reforms that have been approved over the years until the recent proposal for asymmetric regionalism. The aim is to understand whether regional differentiation still represents a positive element for the European integration process, considering the role that subnational entities play in many policies and the challenges described earlier.


Gabriella Saputelli
Researcher of Public Law at the Institute for the Study of Regionalism, Federalism and Self Government (ISSiRFA) of the National Research Council (CNR).
Article

Political Sophistication and Populist Party Support

The Case of PTB-PVDA and VB in the 2019 Belgian Elections

Journal Politics of the Low Countries, Issue 3 2020
Keywords populist voters, political sophistication, voting motivations, Belgium, elections
Authors Marta Gallina, Pierre Baudewyns and Jonas Lefevere
AbstractAuthor's information

    In this article, we investigate the moderating role of political sophistication on the vote for populist parties in Belgium. Building on the literature about the diverse determinants of populist party support, we investigate whether issue considerations and populism-related motivations play a bigger role in the electoral calculus of politically sophisticated voters.
    Using data from the 2019 general elections in Belgium, we focus on the cases of Vlaams Belang (VB) and Parti du Travail de Belgique- Partij van de Arbeid (PTB-PVDA). We find evidence suggesting that political sophistication enhances the impact of populism-related motivations on populist party support, although the effects are contingent on the party. Moreover, we show that, for issue considerations, the moderation effect only comes into play for VB voters: the impact of anti-immigrant considerations is greater at increasing levels of political sophistication.


Marta Gallina
Marta Gallina is a PhD Student at the Université catholique de Louvain, Belgium. She obtained her BA and MA in Social Sciences at the University of Milan. Her research interests regard the study of political behaviour, political sophistication, issue dimensionality, populism and Voting Advice Applications. Her work appeared in scientific journals such as Statistics, Politics and Policy, Environmental Politics and Italian Political Science.

Pierre Baudewyns
Pierre Baudewyns is Professor of political behaviour at UCLouvain. He is involved in different projects (voters, candidates) related to National Election Study. Results of his research have been published in Electoral Studies, European Political Science, Regional & Federal Studies, West European Politics and Comparative European Politics.

Jonas Lefevere
Jonas Lefevere is research professor of political communication at the Institute for European Studies and assistant professor of communication at Vesalius College. Since 2018, he is also vice-chair of the ECPR Standing Group on Political Communication. His research interests deal with the communication strategies of political parties, and the effects of election campaigns on voters’ electoral behaviour. He has published on these topics in, amongst others, Electoral Studies, Public Opinion Quarterly, Political Communication and International Journal of Public Opinion Research.
Article

Access_open Emotions and Vote Choice

An Analysis of the 2019 Belgian Elections

Journal Politics of the Low Countries, Issue 3 2020
Keywords Belgium, elections, emotions, voting behaviour
Authors Caroline Close and Emilie van Haute
AbstractAuthor's information

    This article digs into the relationship between voters’ political resentment and their electoral choice in 2019 by focusing on the respondents’ emotions towards politics. Using the RepResent 2019 voter survey, eight emotions are analysed in their relation to voting behaviour: four negative (anger, bitterness, worry and fear) and four positive (hope, relief, joy and satisfaction). We confirm that voters’ emotional register is at least two-dimensional, with one positive and one negative dimension, opening the possibility for different combinations of emotions towards politics. We also find different emotional patterns across party choices, and more crucially, we uncover a significant effect of emotions (especially negative ones) on vote choice, even when controlling for other determinants. Finally, we look at the effect of election results on emotions and we observe a potential winner vs. loser effect with distinctive dynamics in Flanders and in Wallonia.


Caroline Close
Caroline Close is Assistant Professor at the Université libre de Bruxelles (Charleroi campus). Her research and teaching interests include party politics, representation and political participation from a comparative perspective. She has published her work in Party Politics, Political Studies, Parliamentary Affairs, The Journal of Legislative Studies, Representation, Acta Politica and the Journal of European Integration. She regularly contributes to research and publications on Belgian politics.

Emilie van Haute
Emilie van Haute is Chair of the Department of Political Science at the Université libre de Bruxelles (ULB) and researcher at the Centre d’étude de la vie politique (Cevipol). Her research interests focus on party membership, intra-party dynamics, elections, and voting behaviour. Her research has appeared in West European Politics, Party Politics, Electoral Studies, Political Studies, European Political Science and Acta Politica. She is co-editor of Acta Politica.
Conversations on restorative justice

A talk with Mary Koss

Journal The International Journal of Restorative Justice, Issue 3 2020
Authors Albert Dzur
Author's information

Albert Dzur
Albert Dzur is Distinguished Research Professor, Departments of Political Science and Philosophy, Bowling Green State University, USA. Contact author: awdzur@bgsu.edu.
Article

Relating to ‘The Other’

The ILC Draft Convention on Crimes Against Humanity and the Mutual Legal Assistance Initiative

Journal African Journal of International Criminal Justice, Issue 2 2020
Keywords International Law Commission (ILC), Draft Convention on Crimes Against Humanity, Mutual Legal Assistance (MLA) initiative, crimes against humanity, international criminal law
Authors Larissa van den Herik
AbstractAuthor's information

    The International Law Commission (ILC) Draft Convention on Crimes Against Humanity and the Mutual Legal Assistance (MLA) Initiative have largely run in tandem throughout their development. Both projects are motivated by similar gap-filling desires and both projects aim to expand the international criminal justice toolkit; however, these similarities have led to questions if both projects are necessary. This article addresses that question, looking at how different actors have answered this question during the respective processes of maturation of both projects and where both projects stand today. It argues that, while there is significant overlap between the projects, both instruments have merits which the other is lacking, and the optimal solution would be to bring both projects to fruition.


Larissa van den Herik
Prof. Dr. L.J. van den Herik is professor of public international law at the Grotius Centre for International Legal Studies at Leiden University.
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