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Article

A Proposal for the International Law Commission to Study Universal Criminal Jurisdiction

Journal African Journal of International Criminal Justice, Issue 1-2 2018
Keywords Universal Criminal Jurisdiction, International Criminal Law
Authors Mr. Charles Chernor Jalloh
AbstractAuthor's information

    The principle of universal jurisdiction is a unique ground of jurisdiction in international law that may permit a State to exercise national jurisdiction over certain crimes in the interest of the international community. This means that a State may exercise jurisdiction regarding a crime committed by a foreign national against another foreign national outside its territory. Such jurisdiction differs markedly from the traditional bases of jurisdiction under international law, which typically require some type of territorial, nationality or other connection between the State exercising the jurisdiction and the conduct at issue. Due to the definitional and other ambiguities surrounding the universality principle, which has in its past application strained and today continues to strain relations among States at the bilateral, regional and international levels, this paper successfully made the case for the inclusion of “Universal Criminal Jurisdiction” as a topic in the long-term programme of work of the International Law Commission during its Seventieth Session (2018). It was submitted that taking up a study of this timely topic, which has been debated by the Sixth Committee of the UN General Assembly since 2010, could enhance clarity for States and thereby contribute to the rule of law in international affairs. It will also serve to continue the ILC’s seminal contributions to the codification and progressive development of international criminal law.


Mr. Charles Chernor Jalloh
Mr. Charles Chernor Jalloh is Professor of Law, Florida International University and Member and Chair of Drafting Committee, 70th Session, International Law Commission.

Péter Kovács
Professor of law, Pázmány Péter Catholic University, Budapest; judge of the International Criminal Court (2015-2024).

Carolyn Hoyle
Carolyn Hoyle is Professor of Criminology, University of Oxford (UK).

Diana Batchelor
Diana Batchelor is a DPhil candidate, Centre for Criminology, University of Oxford (UK). Contact author: carolyn.hoyle@crim.ox.ac.uk.

Jonathan Percivalle de Andrade
Peruíbe College.

Lukas van den Berge
Lukas van den Berge is assistant professor of legal theory at the Erasmus University Rotterdam.

Gustavo Arosemena
Gustavo Arosemena is lecturer at Maastricht University.

Dr. Beatriz Barreiro Carril
Lecturer of International Law (Rey Juan Carlos University).

    As in previous years, this third Progress Report provides an update on the developments of The Hague International Space Resources Governance Working Group. It focuses on the results of the last meeting of its first phase, which ended in December 2017 and provides an overview of the expected activities in its second phase from 2018-2019.
    Following a very brief recap of the purpose and functioning of the Working Group, the paper will focus on the major milestone achieved at the end of the first phase, namely the “Draft Building Blocks for the Development of an International Framework on Space Resource Activities”. The Building Blocks were formulated as a basis for negotiations on a future governance system for the use of space resources and were widely made available in order to gather feedback from the international community at large, the results of which will be presented.
    The paper will also report on other progress made during the second phase of the Working Group, such as the establishment of a technical panel and a socio-economic panel and the results of the fifth face-to-face meeting.
    Lastly, the paper provides insight into the prospects for a successful conclusion of the activities of the Working Group and the way forward toward an international framework for the governance of space resources.
    All authors are closely involved with the creation and activities of the Working Group.


Tanja Masson-Zwaan
International Institute of Air & Space Law, Leiden University, the Netherlands, t.l.masson@law.leidenuniv.nl (corresponding author).

René Lefeber
Netherlands Ministry of Foreign Affairs, the Netherlands, rene.lefeber@minbuza.nl.

Giuseppe Reibaldi
The Hague International Space Resources Governance Working Group, the Netherlands, giuseppe.reibaldi@gmail.com.

Dimitra Stefoudi
International Institute of Air & Space Law, Leiden University, the Netherlands, d.stefoudi@law.leidenuniv.nl.

Joao Salm
Assistant Professor of Criminal Justice, Governors State University (USA). Contact author: jsalm@govst.edu.

Estelle Zinsstag

Ivo Aertsen

Lode Walgrave

Fernanda Fonseca Rosenblatt

Stephan Parmentier
Annual lecture

Access_open Restorative justice and criminal justice: limits and possibilities for Brazil and Latin America

Journal The International Journal of Restorative Justice, Issue 1 2018
Keywords Justice restorative, criminal justice, punishment, Brazil, Latin America
Authors Vera Regina Pereira de Andrade
AbstractAuthor's information

    This article is based on the 2017 RJIJ annual lecture and seeks to examine the development of the restorative justice movement within the judiciary in Brazil (‘judicial restorative justice’) in the last decade or so (2005-2017). The focus is on its relation to penal justice, listing the main possibilities and challenges in the Latin American context. The main question I wish to address is how does restorative justice, being led by the judiciary in Brazil, look like? When, where, how and under which theoretical and methodological angles is it being developed? What are the human and material resources being used? How can the relationship between restorative justice and the current Brazilian criminal justice system be understood? My hypothesis is that judicial restorative justice in Brazil is going through a process of expansion and development, framing a paradigm that is under construction and in which, despite the possibilities of challenging and transforming the current justice system, it has been nevertheless colonised by this same justice system. Therefore, restorative justice is being left to deal with low-level crimes and facing structural and conjectural limits to the concretisation of its objectives. In addition, the field in Brazil is hit by a structural lack of dialogue with other Latin American countries, which results in a mutual impoverishment of sorts, as the ‘restorativism’ currently experienced, hither and thither, is heated up by the intersection of emancipatory principles and values.


Vera Regina Pereira de Andrade
Vera Regina Pereira de Andrade is Emeritus Professor, Federal University of Santa Catarina, Florianópolis, Brazil. Contact author: vrpandrade@hotmail.com.

    International cooperation is the key to the strongest peace in the world, to really constructive relations and the political, economic, cultural and humanistic development among all countries, all peoples and all mankind. There is an “extraordinary danger of the current moment,” the Science and Security Board of the Bulletin of the Atomic Scientists said on January 25, 2018, when it decided to move the hand of the iconic Doomsday Clock to 2 minutes to midnight. The last time the symbolic Clock was this closing to midnight was in 1953, at the height of the First Cold War. (2) Now, 65 years later, we are in a Second Cold War, which propels a new and millionaire arms race into space, preparing a space war of inestimable consequences. The world community is “seriously concerned” about this concrete possibility, that can result in a limitless global collapse.
    The UN General Assembly Resolution 72-77, of December 7, 2017, makes an appeal “to all States Members, in particular those with major space capabilities, to contribute actively to preventing an arms race in outer space with a view to promoting and strengthening international cooperation in the exploration and use of outer space for peaceful purposes”. This resolution also “requests the Committee [The United Nations Committee on the Peaceful Uses of Outer Space – UNCOPUOS] to continue to consider, as a matter of priority, ways and means of maintaining outer space for peaceful purposes.” In its point of view, “the Committee should continue to consider the broader perspective of space security and associated matters that would be instrumental in ensuring the safe and responsible conduct of space activities, including ways to promote international, regional and inter regional cooperation to that end.” (3) As if that were not enough, we are facing an unprecedented climate crisis today. The mainstream media seek to conceal or minimize the fact. But this is part of the problem of the need to maximize international cooperation. Without it, the crisis will continue to spread and threaten the lives of millions of people around the world. In this way, can international space cooperation be carried out effectively “on an equitable and mutually acceptable basis,” as proposed the Declaration on International Cooperation (General Assembly Resolution 51/122, of December 13, 1996)? (4)
    Is it possible to ensure today “an equitable situation” on “a mutually acceptable basis” between developed and developing nations, whose distance increases more and more, mainly in military affairs? The present paper aims to discuss this and other similar issues.


José Monserrat Filho
Brazilian Association of Air and Space Law (SBDA); Brazilian Society for the Progress of Science (SBPC); International Institute of Space Law (IISL).

Irina Chernykh
Department of International Law, RUDN University.
Article

Evolving Norms on Pre-Launch Notifications of Space Launch Vehicles and Space Object Registration

A Historical Perspective in the Context of UNISPACE+50 Thematic Priority Three

Journal International Institute of Space Law, Issue 4 2018
Authors Kazushi Kobata
AbstractAuthor's information

    The development of the requirements for information exchange on space objects and events (now identified as UNISPACE+50 thematic priority three) has been accelerating from around the mid-2000s. However, it has yet to be highlighted that, for around 30 years, many proposals of these norms appeared repeatedly with many similarities in different international bodies. The purpose of this study is to better understand the chronology of the evolution of these norms, and to evaluate how and why certain current norms, specifically the “Guidelines for the Long-term Sustainability of Outer Space Activities” (“LTS Guidelines”), were able to evolve upon states reaching a consensus and agreeing upon formalized text, as compared to similar proposals in the past which failed to reach a consensus. Analyzing the conference room papers in the Ad hoc Committee (“AHC”) on the Prevention of an Arms Race in Outer Space (“PAROS”) in the Conference on Disarmament (“CD”) and the diplomatic records in Japan until the mid- 1990s, research shows that the following three proposals on Confidence Building Measures (“CBM”) of outer space (that were never implemented) ended up entering the discussion that led to the LTS Guidelines: (a) proposals on ensuring the immunity of satellites; (b) strengthening the Registration Convention; and (c) pre-launch notifications. This paper discusses the deliberative process of proposals (b) and (c) in the AHC, and how these two proposals later evolved into the LTS Guidelines on enhancing the practice of registering space objects as well as guidelines on pre-launch notification of space launch vehicles. It is noteworthy that, while the proposal on pre-launch notifications had gathered positive reactions in the AHC on PAROS, the US insisted that the issue be dealt with in the Missile Technology Control Regime (“MTCR”), which resulted in the formulation of the International Code of Conduct against Ballistic Missile Proliferation (also known as the Hague Code of Conduct or “HCOC”) after consultation with like-minded countries outside the UN. However, recently, these discussions regarding the current LTS Guidelines on pre-launch notification of space launch vehicles returned to be discussed at the UN and a consensus was partially reached. The HCOC is sometimes criticized by non-Subscribing States that it was formulated by the initiatives of non-UN countries that possess missile technology. However, the LTS Guidelines demonstrate that norms on prelaunch notification are also acceptable in the UN in the context of the safety of space activities. These findings indicate that the norms on outer space lie across multiple areas such as peaceful uses of outer space, disarmament, arms control and non-proliferation. They have gradually progressed to change the international arena, slowly and intermittently.


Kazushi Kobata
Deputy Manager, Legal and Compliance Division, Japan Aerospace Exploration, Agency (JAXA), Ochanomizu Sola city, 4-6 Kandasurugadai, Chiyoda-ku, Tokyo, 101-8008 Japan, kobata.kazushi@jaxa.jp. Researcher, Institute of Space Law, Keio University, 2-15-45 Mita, Minato-ku, Tokyo 108-8345 Japan.
Article

Legal Rights and Possibilities to Access Satellite Data for a Non-Member State of Space Community

Case of Republic of Serbia

Journal International Institute of Space Law, Issue 3 2018
Keywords satellite data, digital divide, space law, EU, Copernicus, Republic of Serbia
Authors Anja Nakarada Pecujlic and Marko Pajovic
AbstractAuthor's information

    In today’s technologically dependent society an average person interacts 36x per day with satellite through diverse applications (e.g. to note just one example - 3/4 of the data used in weather prediction models depend on satellite data). Because of this wide use of satellites, nowadays 80+ countries currently operate at least one satellite in space (latest countries to reach space were Ghana, Mongolia, Bangladesh and Angola). Especially for states that are less economically and technologically developed, space systems are particularly useful and necessary in order to achieve “frog leaping” and decrease the economic and social inequalities between developing and developed states. Involvement in space activities gives them the opportunity to utilize state of the art technology and solve local issues (e.g. environmental, e-health, e-medicine, transportation). Taking a closer look at the satellite data and imagery, it can be observed that the users are mainly public sector clients, such as military institutions for security uses as well as environmental and agricultural authorities. Hence, in the first line it is important to examine which legal framework is governing the access to satellite data and if public sector clients from the developing countries have the same guaranteed rights under international law as the developed nations. This paper will offer in its first part an overview of existing international norms regulating access to satellite data, focusing on relevant provisions in the corpus iuris spatialis. In the second part it will compare these legal rights with the praxis, i.e. determining what are actual possibilities to exercise these rights, if a state is not involved in space activities and has never been a member of space community like in the case of Republic of Serbia. In the third and final part, the paper will zoom in on the EU flagship programs - Copernicus and Galileo - and ESA’s data access policies in regards to states that are neither EU nor ESA member states, but are striving for full European integration, as Serbia.


Anja Nakarada Pecujlic
Institute for Air Law, Space Law and Cyber Law, University of Cologne, Albertus-Magnus-Platz, Cologne 50923, Germany (corresponding author), anja.n.pecujlic@outlook.com.

Marko Pajovic
Serbian Case for Space Foundation, Dr. Ivana Ribara 105, Belgrade 11070, Serbia, marko.pajovic@serbiancaseforspace.com.
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