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"Haley Sweetland Edwards explains the history of global shadow courts and how these courts have spun out of control, threatening the interests of citizens everywhere including the United States. Her fantastic book is exactly what long-form journalism is meant to do, to move beyond current events and provide historical perspective that aims at future reform. SHADOW COURTS should be at the top of the reading list of all those interested in redesigning trade agreements to be in the publicinterest." -- Jeffrey D. Sachs, University Professor, Columbia University and author ofThe End of Poverty International trade deals have become vastly complex documents, seeking to govern everything from labor rights to environmental protections. This evolution has drawn alarm from American voters, but their suspicions are often vague. In this book, investigative journalist Haley Sweetland Edwards offers a detailed look at one little-known but powerful provision in most modern trade agreements that is designed to protect the financial interests of global corporations against the governments of sovereign states. She makes a devastating case that Investor-State Dispute Settlement -- a "shadow court" that allows corporations to sue a nation outside its own court system -- has tilted the balance of power on the global stage. Acorporation can use ISDS to challenge a nation's policies and regulations, if it believes those laws are unfair or diminish its future profits. From the 1960s to 2000, corporations brought fewer than 40 disputes, but in the last fifteen years, they have brought nearly 650 -- 54 against Argentina alone. Edwards conducted extensive research and interviewed dozens of policymakers, activists, and government officials in Argentina, Canada, Bolivia, Ecuador, the European Union, and in the Obama administration. The result is a major story about a significant shift in the global balance of power.
On February 15, 2003, millions of people around the world demonstrated against the war that the United States, the United Kingdom, and their allies were planning to wage in Iraq. Despite this being the largest protest in the history of humankind, the war on Iraq began the next month. That year, the World Tribunal on Iraq (WTI) emerged from the global antiwar movement that had mobilized against the invasion and subsequent occupation. Like the earlier tribunal on Vietnam convened by Bertrand Russell and Jean-Paul Sartre, the WTI sought to document—and provide grounds for adjudicating—war crimes committed by the United States, the United Kingdom, and their allied forces during the Iraq war. For the Love of Humanity builds on two years of transnational fieldwork within the decentralized network of antiwar activists who constituted the WTI in some twenty cities around the world. Ayça Çubukçu illuminates the tribunal up close, both as an ethnographer and a sympathetic participant. In the process, she situates debates among WTI activists—a group encompassing scholars, lawyers, students, translators, writers, teachers, and more—alongside key jurists, theorists, and critics of global democracy. WTI activists confronted many dilemmas as they conducted their political arguments and actions, often facing interpretations of human rights and international law that, unlike their own, were not grounded in anti-imperialism. Çubukçu approaches this conflict by broadening her lens, incorporating insights into how Amnesty International, Human Rights Watch, and the Iraqi High Tribunal grappled with the realities of Iraq's occupation. Through critical analysis of the global debate surrounding one of the early twenty-first century's most significant world events, For the Love of Humanity addresses the challenges of forging global solidarity against imperialism and makes a case for reevaluating the relationships between law and violence, empire and human rights, and cosmopolitan authority and political autonomy.
When genocidal violence gripped Rwanda in 1994, the international community recoiled, hastily withdrawing its peacekeepers. Late that year, in an effort to redeem itself, the United Nations Security Council created the International Criminal Tribunal for Rwanda to seek accountability for some of the worst atrocities since World War II: the genocide suffered by the Tutsi and crimes against humanity suffered by the Hutu. But faced with competing claims, the prosecution focused exclusively on the crimes of Hutu extremists. No charges would be brought against the Tutsi-led Rwandan Patriotic Front, which ultimately won control of the country. The UN, as if racked by guilt for its past inaction, gave in to pressure by Rwanda’s new leadership. With the Hutu effectively silenced, and the RPF constantly reminding the international community of its failure to protect the Tutsi during the war, the Tribunal pursued an unusual form of one-sided justice, born out of contrition. Fascinated by the Tribunal’s rich complexities, journalist Thierry Cruvellier came back day after day to watch the proceedings, spending more time there than any other outside observer. Gradually he gained the confidence of the victims, defendants, lawyers, and judges. Drawing on interviews with these protagonists and his close observations of their interactions, Cruvellier takes readers inside the courtroom to witness the motivations, mechanisms, and manipulations of justice as it unfolded on the stage of high-stakes, global politics. It is this ground-level view that makes his account so valuable—and so absorbing. A must-read for those who want to understand the dynamics of international criminal tribunals, Court of Remorse reveals both the possibilities and the challenges of prosecuting human rights violations. A Choice Outstanding Academic Book Best Books for General Audiences, selected by the American Association for School Libraries and the Public Library Association Best Books for High Schools, selected by the American Association for School Libraries
This is the first book to analyse how civil society tribunals implement and develop international law. With multi-disciplinary contributions covering tribunals in Europe, Latin America and Asia, this edited collection will interest scholars of law, criminology, human rights, politics, sociology, anthropology and international relations.
2.2 Procedural Rules and Issues
International courts and tribunals are key actors in international law, both because of their primary dispute resolution function and for their role in developing international law in a more general sense. Their growing number and complexity makes a detailed study of their practice particularly relevant. The Rules, Practice, and Jurisprudence of International Courts and Tribunals examines existing international dispute resolution institutions, including those of general jurisdiction (ICJ, PCA), specialised jurisdiction (ITLOS, ICSID, WTO), as well as human rights courts, international criminal courts and tribunals, courts of regional integration agreements, claims commissions and tribunals, and administrative tribunals of international organizations. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.
The ‘International Military Tribunal for the Far East’ (IMTFE), held in Tokyo from May 1946 to November 1948, was a landmark event in the development of modern international criminal law. The trial in Tokyo was a complex undertaking and international effort to hold individuals accountable for core international crimes and delivering justice. The Tribunal consisted of 11 judges and respective national prosecution teams from 11 countries, and a mixed Japanese–American team of defence lawyers. The IMTFE indicted 28 Japanese defendants, amongst them former prime ministers, cabinet ministers, military leaders, and diplomats, based on a 55-count indictment pertaining to crimes against peace, war crimes, and crimes against humanity. The judgment was not unanimous, with one majority judgment, two concurring opinions, and three dissenting opinions. The trial and the outcome were the subject of significant controversy and the Tribunal’s files were subsequently shelved in the archives. While its counterpart in Europe, the ‘International Military Tribunal’ (IMT) at Nuremberg, has been at the centre of public and scholarly interest, the Tokyo Tribunal has more recently gained international scholarly attention. This volume combines perspectives from law, history, and the social sciences to discuss the legal, historical, political and cultural significance of the Tokyo Tribunal. The collection is based on an international conference marking the 70th anniversary of the judgment of the IMTFE, which was held in Nuremberg in 2018. The volume features reflections by eminent scholars and experts on the establishment and functioning of the Tribunal, procedural and substantive issues as well as receptions and repercussions of the trial.
Tribunal Practice and Procedure is the only book that covers the structure, proceedings and law governing the integrated tribunal system created by the Tribunals, Courts and Enforcement Act 2007. As well as dealing with the rules of procedure, this book contains practical advice for tribunal members and those who appear before them.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
"Justice is about all of us." New Boston was born out of a series of nuclear wars after the devastating results of climate change rendered the US eastern seaboard uninhabitable. The city kept peace through its self-governing tribunal system and was thriving. But what started off as an egalitarian society began to divide along economic lines. The rich moved into the upper levels of the city and the poor masses retreated below ground. Food became rationed and tensions erupted... The Tribunals follows Jaym, a teenager bursting with youthful energy who grew up in the dark alleys of the Furrows. When a job takes him to the upper levels of the city, he soon faces the most powerful family in New Boston, the Chief Justice and his children, Piers and Gwen. Gwen is intrigued by this Furrows boy, Piers feels threatened by the intrusion. As the city goes through political upheaval, Jaym finds himself fighting forces greater than himself to try and save his friends and, ultimately, the city from a corrupt system. Can New Boston be stopped from complete collapse?