International Criminal Courts and Political Reconciliation

In A Moral Theory of Political Reconciliation, Colleen Murphy devotes a full chapter to arguing that international criminal trials make significant contributions to political reconciliation within post-conflict and transitional societies. While she is right to claim that these trials serve an important function, I take issue with her with respect to what that important function is. Whereas Murphy focuses on the contributions international criminal prosecutions might make to political reconciliation within the borders of transitional societies, I claim instead that their primary function is to restore order at the international level and to dispense justice. The aims of justice are not always consistent with the aims of reconciliation. Moreover, several features of international criminal trials should give us pause with respect even to how well, in fact, they manage to serve the ends of international justice.     

基层法院编制内法官助理制度的困境与对策

本轮司法改革推行法官助理制度至今已近四年,但在实践操作中,法官助理制度运行遭遇阻滞,法官助理与法官、书记员职责不清,法官助理并未能如制度预期所愿有效减轻法官负担。同时,法官助理未来职业规划不明朗亦成为一大难题。借鉴域外经验,英美法系中审判辅助人员的职能定位多为限权法官,大陆法系中司法事务官独立于法官专司非诉事务之责。我国编制内法官助理承载二元功能:一为审判辅助功能,二为法官养成功能。虽不能简单移植国外经验,但可以法官助理二元功能为基础明确法官助理的职能定位,对法官助理采取分阶分级培养模式,前期主要由初中级法官助理承载审判辅助功能,后期由高级法官助理承载限权法官功能。     

Translating Justice: The International Organization of Constitutional Courts

What is the international organization of national constitutional courts? This article develops a theoretical framework to analyze this question and tests it empirically with original data of translated opinions. Justices of different nations form an emerging epistemic community, which is congealed due to common practices as well as to competition and selectiveness throughout the judicial career. Opinions translated into English as the lingua franca are pivotal for communication within this epistemic community. Through engaging in a transnational judicial dialogue, and particularly as far as this dialogue concerns legal citations, this community uses international law as a key guide to finding equilibrium solutions at national and international levels. Five sources of international law overwhelmingly dominate. In addition, we find evidence in the collegial game within the different courts for the existence of a transnational epistemic community of Supreme Court justices.     

Editor's Introduction: Images and Narratives of International Law And Regulation

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

International Law in the Courts of the Russian Federation: Practice of Application

This paper analyses the practice of the Courts of the RussianFederation in applying the rules of International Law in theperiod following acceptance of the Constitution of the RussianFederation (1993). The present constitution and the new federallegislation regulate the relevance of International and RussianLaw much differently than they did before. Accordingly, judiciarypractice is developing in a new way. Despite the massive bodyof laws and regulations, there are no precise reference pointsand answers in the legislation to practically important questionsof correct application of the international treaties and generallyrecognized rules. This is one of the reasons why judiciary practiceis developing inconsistently, and the application of InternationalLaw is often incorrect or even wrong. Not all of the internationalnorms are applicable, and not all of the treaties have priorityover laws. There are certain legal conditions for the applicationof international treaties, conditions for when they prevailover laws, and also there is a procedure of application whichshould be observed by Courts trying particular cases. Althoughone can speak of many contradictions, it is wise to take noteof the tendency in judiciary practice to co-ordinated applicationof international and Russian law.     

International Organisations in The Netherlands: Immunity from the Jurisdiction of the Dutch Courts

Netherlands International Law Review -     

国际刑事法院证人规则研究

作为国际法发展的最新成果,国际刑事法院的证人规则代表着两大法系互相借鉴的最新趋势,代表着未来国际证据法发展的大体方向。本文试就国际刑事法院的证人规则(证人资格与范围、证人权利与义务、证人保护等)作初步讨论,并由之谈及对中国刑事立法的启示。     

Judge Wang Chung-hui at the Permanent Court of International Justice

As the predecessor of the International Court of Justice atThe Hague, the Permanent Court of International Justice wasa pioneering institution blessed with brilliant lawyers. Oneof the important figures was Mr Wang Chung-Hui. In 1922, Wangcame to the Permanent Court as his country's foremost jurist;ultimately, he was to exercise notable influence on his colleaguesas well as landmark decisions of the Permanent Court. This articleseeks to introduce Wang Chung-hui as the first Chinese memberof the World Court. Wang's success as an international judgemay suggest that the Permanent Court, and international lawof the period, cannot be distinguished on the ground that itwas peculiarly Eurocentric.     

National Courts,International Crimes and the Functional Immunity of State Officials

Netherlands International Law Review - This article examines the extent to which state officials are shielded from foreign jurisdiction by functional immunity when they stand accused of committing...     

Narratives of Force: The Presence of the Writer in International Legal Scholarship

Netherlands International Law Review - In this article I use the notion of ‘plot’ to uncover where in their texts international legal scholars are ‘present’, directing...     

Ascertaining Customary International Law: An Inquiry into the Methods Used by Domestic Courts

Netherlands International Law Review - Based on analysis of a large number of recent domestic court cases on matters of customary international law (2000–2014), this article demonstrates...