Journal articles: 'Administration of International justice'

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Andersen, Martin Edwin. "International Administration of Justice: The New American Security Frontier." SAIS Review 13, no. 1 (1993): 89–104. http://dx.doi.org/10.1353/sais.1993.0020.

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Rodríguez Ramos, Luis. "¿Progresión o regresión constitucional de la justicia penal española? Irrupción del populismo judicial y del derecho penal de autor." Teoría y Realidad Constitucional, no. 43 (May 23, 2019): 193. http://dx.doi.org/10.5944/trc.43.2019.24404.

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Este artículo analiza, en primer lugar, los aspectos de la legislación y de la praxis de la organización y funcionamiento de la Administración de Justicia en general y, de modo especial, en lo atinente al orden jurisdiccional penal, derivados de la configuración dada por la Constitución de 1978; y, a continuación, destaca las realidades sobrevenidas con posterioridad a dicha fecha, igualmente contrarias a los principios o preceptos constitucionales. Desde lo anterior, el autor propone en ambos ámbitos (general y penal) soluciones “de lege data et ferenda” de avance hacia la “Segunda revolución de la Justicia española”, tan pendiente como urgente, pues al haber acaecido la primera por obra y gracia de la Revolución “Gloriosa” de 1868, la España actual, muy distinta de la de hace más de siglo y medio, precisa de una Administración de Justicia acorde con los tiempos.The article analyzes the configuration given by the Spanish Constitution (1978) to the justice administration and the specialties of the criminal jurisdiction, pointing the unsatisfactory aspects of the constitutional model. Following, the author highlights the real evolution of both the general and the criminal justice administration activity since the Constitution was enacted, reality which has become unrespectful with the Constitution´s principles and regulations. Finally, the document propose for both general and criminal justice administration “de lege data et ferenda” solutions to drive the Spanish judicial administration to an adaptation to current time needs, evolving from the results of the first revolution of justice administration (Gloriosa in 1868) to a second and highly needed revolution.

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White, N. D. "Aspects of the Administration of International Justice by Elihu Lauterpact." Arbitration International 9, no. 1 (March 1, 1993): 113–16. http://dx.doi.org/10.1093/arbitration/9.1.113.

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Gilmore, William. "International cooperation in the administration of justice: Developments and prospects." Commonwealth Law Bulletin 18, no. 4 (October 1992): 1550–57. http://dx.doi.org/10.1080/03050718.1992.9986255.

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Economides, Spyros. "The International Criminal Court: Reforming the Politics of International Justice." Government and Opposition 38, no. 1 (2003): 29–51. http://dx.doi.org/10.1111/1477-7053.00003.

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AbstractThe International Criminal Court (ICC) came into effect on 1 July 2002. This article gives an account of the historical background to the ICC and an overview of the Court's Statute, remit and powers. It is argued that the ICC is a highly politicized legal institution which will only be effective through inter-state cooperation. Despite its lengthy historical antecedents and legal precedents, prudence suggests that — due to the nature of international politics — the establishment of the ICC should be viewed as the beginning of a cumulative process of reforming the politics of international justice rather than the end of a process of transformation in international law.

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Petersmann, Ernst-Ulrich. "Administration of Justice in the World Trade Organization: Did the WTO Appellate Body Commit 'Grave Injustice'?" Law & Practice of International Courts and Tribunals 8, no. 3 (2009): 329–74. http://dx.doi.org/10.1163/156918509x12537882648507.

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AbstractJudicial administration of justice through reasoned interpretation, application and clarification of legal principles and rules is among the oldest paradigms of 'constitutional justice'. The principles of procedural justice underlying WTO dispute settlement procedures, like the conformity of WTO dispute settlement rulings with principles of 'substantive justice', remain controversial. This contribution criticizes the recent, harsh condemnation of the WTO dispute settlement rulings in the Brazil Tyres case as 'committing grave injustice'. After recalling the customary law requirement of interpreting treaties and settling international disputes 'in conformity with principles of justice' and human rights, the contribution examines the WTO Appellate Body case-law from the perspective of diverse conceptions of 'conservative' and 'reformative justice', 'general' and 'particular justice', procedural and substantive justice, national and multilevel 'constitutional justice', and judicial protection of transnational rule-of-law for the benefit of citizens. The article concludes that the panel, appellate and arbitration reports in the Brazil Tyres dispute, like many other WTO Appellate Body reports, reflect a growing concern 'to administer justice' in WTO dispute settlement proceedings. WTO judges and investor-state arbitrators should follow the example of the ICJ and of European courts and clarify the 'principles of justice' justifying their settlement of international economic disputes so that 'justice is not only done, but also seen to be done', albeit subject to 'trial and error'. Legal practitioners should support – and, as part of the 'invisible college of international lawyers', hold accountable – the emergence of an 'international judiciary' as an 'epistemic community' committed to defending rule of law, peaceful settlement of disputes and 'principles of justice' in mutually beneficial economic cooperation among citizens across national frontiers.

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Nagy, Noémi. "Language Rights of European Minorities in the Administration of Justice, Public Administration and Public Services." European Yearbook of Minority Issues Online 18, no. 1 (June 1, 2021): 113–40. http://dx.doi.org/10.1163/22116117_01801006.

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This article provides an overview of European minorities’ language rights in the administration of justice, public administration, and public services in 2019. Relevant legal developments are presented in the activities of the major international organizations, i.e. the United Nations, the Organization for Security and Cooperation in Europe, the European Union, and the Council of Europe. Since the most relevant treaties on the language rights of minorities in Europe are the European Charter for Regional or Minority Languages and the Framework Convention for the Protection of National Minorities, special attention is paid to the implementation thereof. Whereas international monitoring mechanisms devoted to the effective protection of minorities are abundant, language rights of national minorities receive less attention, especially in the fields of official language use, that is, in public administration and justice. The regulation of these areas has been traditionally considered as almost exclusively belonging to the states’ competence, and international organizations are consequently reluctant to interfere. As a result, the official use of minority languages differs in the various countries of Europe, with both good practices (e.g. the Netherlands, Spain, Finland) and unbalanced situations (e.g. Estonia, Ukraine, Azerbaijan).

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Gajić, Aleksandar. "Standards of Appellate Review in the International Administration of Criminal Justice." Serbian Political Thought 13, no. 1 (2016): 93–137. http://dx.doi.org/10.22182/spt.1312016.6.

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Richardson, Lucy. "Offences against the Administration of Justice at the International Criminal Court." Journal of International Criminal Justice 15, no. 4 (September 1, 2017): 741–74. http://dx.doi.org/10.1093/jicj/mqx045.

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Гравина, Алла, and Alla Gravina. "Implementation of the International Anti-Corruption Principles during Administration of Justice." Journal of Russian Law 5, no. 11 (November 29, 2017): 120–33. http://dx.doi.org/10.12737/article_59f067c07d9820.81316572.

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Ugartemendia Eceizabarrena, Juan Ignacio. "Tutela judicial efectiva y Estado de derecho en la Unión Europea y su incidencia en Administración de Justicia de los Estados miembros." Teoría y Realidad Constitucional, no. 46 (December 16, 2020): 309. http://dx.doi.org/10.5944/trc.46.2020.29114.

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El reconocimiento de la tutela judicial efectiva que realiza el Derecho de la Unión Europea incide sobre la regulación nacional de la Administración de Justicia. No cabe duda de que la competencia para regular y actuar en materia relativa a la organización y funcionamiento judicial nacional es una competencia exclusivamente estatal, no transferida por los Estados. Sin embargo, desde hace un par de años, el Tribunal de Justicia está dando a entender que las medidas nacionales sobre la Administración judicial nacional no pueden ser contrarias a la regulación sobre la tutela o protección judicial tal y como ésta es reconocida por la Unión. Esta regulación europea actúa como límite de esas medidas nacionales relativas a la Administración de Justicia, posibilitando un control de europeidad de las mismas. Estas páginas muestran sobre qué bases jurídicas, en qué casos y con qué mecanismos se está dando este control de europeidad.The recognition of effective judicial protection under European Union law affects national regulations on the administration of justice. There is no doubt that the competence to regulate and act upon matters relating to the organisation and functioning of the national judiciary is an exclusively State competence, not transferred by the States. However, over the last couple of years, the Court of Justice has been implying that national measures concerning the national administration of justice cannot be contrary to the regulations on judicial protection as recognised by the Union. This European regulation works as a limit to those national measures relating to the administration of justice, making it possible to review their «Europeanness». These pages show on which legal bases, in which cases and with which mechanisms this review is taking place.

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Chigara, Benedict Abrahamson. "The Administration of International Law in National Courts and the Legitimacy of International Law." International Criminal Law Review 17, no. 5 (October 15, 2017): 909–34. http://dx.doi.org/10.1163/15718123-01705004.

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Increasingly, national courts find themselves called upon to determine matters where un lex specialis; regional supranational law; customary international law and domestic law all appear relevant. Lower court judges may be challenged significantly because such matters often lie beyond their day-to-day practice of interpreting and applying national law to local legal issues. This article recommends that to ensure both justice and legitimacy of international law, national courts − especially lower courts, should a priori consider whether the matters before them would be best served by appointing an expert academician ‘friend of the court’ to illuminate the contested applicable international law.

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Sarvarian, Arman. "Procedural Economy at the International Court of Justice." Law & Practice of International Courts and Tribunals 18, no. 1 (May 8, 2019): 74–100. http://dx.doi.org/10.1163/15718034-12341396.

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Abstract In April 2016, the International Court of Justice held a colloquium to commemorate the 70th anniversary of its establishment. One of the principal themes of this event was the potential adoption of improvements to the procedures and working practices of the Court. Responses to a Counsel Survey revealed a general interest in procedural reform at the Court, particularly with respect to the areas of evidence and procedural efficiency. The purpose of this article is to set out a case for procedural reform at the ICJ, presenting multiple options, with supplementary reference to the ITLOS. Whereas the work of the Committee also addresses procedural integrity or “the sound administration of justice”, this contribution will focus upon the Court’s case management procedures to call for their reform in order to enhance procedural economy. This would enable the Court to improve its “throughput” to be able to cope with an expanded caseload.

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KYRIAKAKIS, JOANNA. "Corporations before International Criminal Courts: Implications for the International Criminal Justice Project." Leiden Journal of International Law 30, no. 1 (December 13, 2016): 221–40. http://dx.doi.org/10.1017/s0922156516000650.

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AbstractThe debate over whether the International Criminal Court should have jurisdiction over corporations has persisted over the years, despite the failure of the legal persons proposals at Rome. For its part, the Special Tribunal for Lebanon determined that it has jurisdiction over corporations for the purpose of crimes against the administration of the Tribunal, albeit not for the substantive crimes over which it adjudicates. Most recently, the African Union has adopted a Protocol that, should it come into operation, would create a new international criminal law section of the African Court of Justice and Human and People's Rights with jurisdiction over corporations committing or complicit in serious crimes impacting Africa. In light of the enduring nature of the proposal that international criminal institutions should directly engage with the problem of commercial corporations implicated in atrocity, this article explores the possible implications for the international criminal justice project were its institutions empowered to address corporate defendants and prosecutors emboldened to pursue cases against them. Drawing on the expressive goals of international criminal justice and concepts of sociological legitimacy, as well as insights from Third World Approaches to International Law, the article suggests that corporate prosecutions, where appropriate, may have a redeeming effect upon the esteem in which some constituent audiences hold international criminal law, as a system of global justice. The article's thesis is then qualified by cautionary thoughts on the redemptive potential of corporate prosecutions.

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Vijayalalshmi, A. "FEMALE CRIMINALITY AND INTERNATIONAL CRIMINAL JUSTICE ADMINISTRATION: JURISPRUDENTIAL EVOLUTION THROUGH THE INTERNATIONAL AD HOC CRIMINAL TRIBUNALS." International Journal of Advanced Research 8, no. 02 (February 29, 2020): 663–66. http://dx.doi.org/10.21474/ijar01/10498.

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Rocha, Cynthia. "Promoting Economic Justice in a Global Context: International Comparisons of Policies That Support Economic Justice." Journal of Community Practice 17, no. 1-2 (June 3, 2009): 31–49. http://dx.doi.org/10.1080/10705420902856217.

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Beltrán. "Legitimate Exclusions of Would-Be Immigrants: A View from Global Ethics and the Ethics of International Relations." Social Sciences 8, no. 8 (August 9, 2019): 238. http://dx.doi.org/10.3390/socsci8080238.

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The debate about justice in immigration seems somehow stagnated given that it seems justice requires both further exclusion and more porous borders. In the face of this, I propose to take a step back and to realize that the general problem of borders—to determine what kind of borders liberal democracies ought to have—gives rise to two particular problems: first, to justify exclusive control over the administration of borders (the problem of legitimacy of borders) and, second, to specify how this control ought to be exercised (the problem of justice of borders). The literature has explored the second but ignored the first. Therefore, I propose a different approach to the ethics of immigration by focusing on concerns of legitimacy in a three-step framework: first, identifying the kind of authority or power that immigration controls exercise; second, redefining borders as international and domestic institutions that issue that kind of power; and finally, considering supranational institutions that redistribute the right to exclude among legitimate borders.

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Pavlak, Thomas J., and Gerald M. Pops. "Administrative ethics as justice." International Journal of Public Administration 12, no. 6 (January 1989): 931–48. http://dx.doi.org/10.1080/01900698908524660.

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Kopylova, Ekaterina A. "THE GENESIS AND CRITICS OF THE PROSECUTORS AMICUS CURIAE IN INTERNATIONAL LAW." RUDN Journal of Law 24, no. 4 (December 15, 2020): 1187–204. http://dx.doi.org/10.22363/2313-2337-2020-24-4-1187-1204.

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The article traces in detail the origins of the prosecutor amicus curiae in the practice of the International Criminal Tribunal for the Former Yugoslavia. This mechanism will subsequently be endorsed by all the ad hoc international criminal tribunals. It is noted that their emergence is the result of an unsuccessful experience in prosecuting offences against the administration of justice by the Tribunal under the previous legal framework. It is also stressed that, despite its effectiveness, the prosecutor amicus curiae mechanism cannot constitute the central component of the policy of prosecuting such acts and that, at this stage, it may even be considered an obstacle to its formation, given the occasional nature of the prosecutor amicus curiaes intervention in the international criminal proceedings and lack of continuity. As an alternative, it is proposed to establish a special independent organ - the Prosecutor for the offences against the administration of justice - in the international criminal tribunals, including the International Criminal Court.

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Azman, Ismail, and Abd Razak Mohd Ridwan. "Performance-based Reward Administration Enhancing Employees’ Feelings of Interactional Justice." Studies in Business and Economics 12, no. 1 (April 1, 2017): 5–18. http://dx.doi.org/10.1515/sbe-2017-0001.

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AbstractThe transformation in international business landscape has changed organizational management especially reward administration. This is done in order to maintain the organization’s competitiveness in global market place. In the field of reward administration, an emerging trend can be observed whereby most organizations are moving toward the application of psychological elements in administering organizational reward system. The ultimate objective of this study is to investigate the association between performance-based reward administration and interactional justice. The proposed model was empirically tested using a sample of 113 employees from fire and rescue agency in Peninsular Malaysia. This study found an evidence that performance-based reward administration (i.e., communication, participation and performance appraisal) is positively and significantly associated with interactional justice. This findings proves that the ability of administrators to appropriately implement communication openness, inspire participative decision-making and organize fairness performance appraisal in administering performance-based reward have significantly evoked the feeling of interactional justice when employees perceived that they are being fairly treated in the reward system.

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O’Brien, Wendy, and Kate Fitz-Gibbon. "Can Human Rights Standards Counter Australia’s Punitive Youth Justice Practices?" International Journal of Children’s Rights 26, no. 2 (May 3, 2018): 197–227. http://dx.doi.org/10.1163/15718182-02602004.

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Recent practices in the administration of youth justice across Australian state and territory jurisdictions reveal a powerful tension between the punitive imperative of “tough on crime” political populism, and internationally agreed minimum standards relevant to the treatment of children. In questioning the extent to which human rights standards can and should be used as a useful tool to counter punitive youth justice practices, this article identifies major points of discrepancy between Australia’s international legal obligations and the doctrine and operation of domestic criminal law as it applies to children in conflict with the law. Examining youth justice “crises” in two Australian states, the Northern Territory and Victoria, the article concludes that while child rights are not directly justiciable in Australia, global standards on youth justice provide a unifying discourse that is resistant to the vagaries of populism, and which can guide reform for child rights compliant youth justice legislation and practice.

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Aliff, Michelle, and Matthew E. Sprong. "Qualifications for Rehabilitation Counselors: A Social Justice Issue." Journal of Applied Rehabilitation Counseling 51, no. 4 (December 1, 2020): 277–81. http://dx.doi.org/10.1891/jarc-d-20-00030.

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The importance of qualifications for vocational experts serving in the Social Security Administration is an issue that gained national importance recently. Prior to the most recent awarded contract the required qualifications were not appropriate and had little resemblance to the requirements in other venues vocational experts provide testimony in. This article addresses the journey that the International Association of Rehabilitation Professionals (IARP) Social Security Vocational Experts section took to influence and ultimately were successful in having the Social Security Administration to primarily adopt the qualifications listed in the IARP SSVE White Paper. Finally, in order to maintain achievements and continue advancing, it is essential to remain persistent in continuing to engage in governmental relations.

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Fernan, Marcelo B. "The Current State of the Administration of Justice in the Philippines." Philippine Political Science Journal 16, no. 1-2 (December 8, 1990): 91–109. http://dx.doi.org/10.1163/2165025x-0160102006.

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Vargiu, Paolo. "From Advisory Opinions to Binding Decisions: The new Appeal Mechanism of the Un system of Administration of Justice." International Organizations Law Review 7, no. 2 (2010): 261–75. http://dx.doi.org/10.1163/157237410x543341.

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AbstractIn 2009 the United Nations launched a new two-tier system of administration of justice. The system is composed of two standing bodies, the United Nations Dispute Tribunal (UNDT) and the United Nations Appeals Tribunal (UNApT), the latter acting as an appeals mechanism against decisions of the UNDT. The former system foresaw the United Nations Administrative Tribunal (UNAT) as the sole body of administration of justice within the UN, while the International Court of Justice (ICJ) acted as review mechanism on the decisions of the UNAT. However, this review system was abolished in 1995 and, since then, no option was available to unsuccessful (or partially successful) staff members for having a UNAT judgment reviewed. The lack of any option for review led to criticisms and instances for reform of the whole system, which eventually led to the establishment of a Redesign Panel, which suggested the establishment of a two-tier system of administration of justice, with the aim of meeting the 'basic standards of due process established in international human rights instruments'. The recently established Appeals Tribunal should fill the gap created by the abolition of the ICJ competence to review the judgments rendered by the UNAT. This article evaluates the improvement to the system represented by the establishment of the United Nations Appeals Tribunal in three main steps. The first is the identification of the shortcomings of the previous review mechanism before the ICJ. The second is the overview of the problems of the former system of administration of justice within the UN. The third and final step is the analysis of the scope of jurisdiction of the new UNApT.

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Szeto, Elson, and Annie Yan Ni Cheng. "How do principals practise leadership for social justice in diverse school settings? A Hong Kong case study." Journal of Educational Administration 56, no. 1 (February 5, 2018): 50–68. http://dx.doi.org/10.1108/jea-08-2016-0087.

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Purpose Empirical research on leadership for social justice is in progress in many parts of the world. The purpose of this paper is to explore principals’ school-leadership journeys in response to social-justice issues caused by specific contextual changes at times of uncertainty. It seeks to answer the following key questions: What social-justice issues do principals identify as arising from their schools’ transformation due to contextual changes? How do principals practise leadership for social justice in response to these contextual changes at different levels? Design/methodology/approach This paper is based on qualitative data from a cross-case study of two principals’ school-leadership journeys. The authors pay particular attention to the understanding of leadership for social justice grounded in principals’ efforts to foster equality in learning development for a diverse student population. Findings Timely adverse conditions may be required to foster leadership for social justice in schools. The principals reacted to contextual changes at several levels, planning and implementing innovative and flexible interventions to ensure equality in students’ learning development. These findings contribute to international accounts of educational leadership. Research limitations/implications This study of leadership for social justice in schools is contextually specific. Therefore, more empirical comparisons of school leadership are required in future studies, as principals’ practices vary between education settings. Originality/value This paper offers insights into the evolution of leadership for social justice in schools in response to contextual changes. Principals’ leadership strategies can be reoriented and their actions reshaped to overcome threats to social justice in schools. Accordingly, although leadership for social justice in school communities is culturally and pedagogically inclusive, it is also socially distinctive.

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Hwang, Phyllis. "Reform of the Administration of Justice System at the United Nations." Law & Practice of International Courts and Tribunals 8, no. 2 (2009): 181–224. http://dx.doi.org/10.1163/157180309x451088.

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AbstractFor nearly six decades, the administration of justice system at the United Nations has been comprised primarily of the Joint Appeals Boards, the Joint Disciplinary Committees and the UN Administrative Tribunal. In July 2009, these bodies will be dismantled and replaced with an entirely new system. This article will first describe the basic features of the administration of justice system at the United Nations that existed prior to July 2009. It will then review the history of efforts to reform the system, leading up to the proposals of the Redesign Panel issued in August 2006. It will also look at similar initiatives implemented by other intergovernmental organizations to reform their own internal justice systems in recent years. Finally, the article will highlight the main elements of the new administration of justice system, as approved by the General Assembly in 2007-2008, and examine its implications for UN staff members in the future.

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Ezennia, Celestine Nchekwube. "The Modus Operandi of the International Criminal Court System: An Impartial or a Selective Justice Regime?" International Criminal Law Review 16, no. 3 (May 27, 2016): 448–79. http://dx.doi.org/10.1163/15718123-01603006.

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The International Criminal Court (icc) is a global court created to administer independent and impartial international criminal justice. It, therefore, has jurisdiction over all persons who have committed ‘the most important crimes of international concern’, including genocide, crimes against humanity, war crimes, and the crime of aggression. The court’s principal mission is to ensure the punishment of these crimes and the eradication of the impunity of their perpetrators in all parts of the world. However, the icc’s current justice administration system appears so selective and subject to external influence and manipulation as to defeat the global, independent, and impartial justice goal that the court is created to accomplish. This article examines this selectivity under the following sub-headings: geographic selectivity, situation selectivity, identity selectivity, and thematic selectivity. The article further explores some of the consequences of this selective justice regime and suggests some reforms in the system.

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Franco-Vivanco, Edgar. "Justice as Checks and Balances." World Politics 73, no. 4 (September 1, 2021): 712–73. http://dx.doi.org/10.1017/s0043887121000125.

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ABSTRACTThe centralization of conflict resolution and the administration of justice, two crucial elements of state formation, are often ignored by the state-building literature. This article studies the monopolization of justice administration, using the historical example of the General Indian Court (gic) of colonial Mexico. The author argues that this court’s development and decision-making process can show us how the rule of law develops in highly authoritarian contexts. Centralized courts could be used strategically to solve an agency problem, limiting local elites’ power and monitoring state agents. To curb these actors’ power, the Spanish Crown allowed the indigenous population to raise claims and access property rights. But this access remained limited and subject to the Crown’s strategic considerations. The author’s theory predicts that a favorable ruling for the indigenous population was more likely in cases that threatened to increase local elites’ power. This article shows the conditions under which the rule of law can emerge in a context where a powerful ruler is interested in imposing limits on local powers—and on their potential predation of the general population. It also highlights the endogenous factors behind the creation of colonial institutions and the importance of judicial systems in colonial governance.

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Nagy, Noémi. "Language Rights of European Minorities in the Administration of Justice, Public Administration and Public Services: International Developments in 2018." European Yearbook of Minority Issues Online 17, no. 1 (February 17, 2020): 80–104. http://dx.doi.org/10.1163/22116117_01701005.

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Korže, Branko, and Ivana Tucak. "Justification of the Citizens’ Right of Access to Public Passenger Transport Services by the Human Rights to Mobility and Equality Before the Law." Lex localis - Journal of Local Self-Government 19, no. 1 (January 27, 2021): 149174. http://dx.doi.org/10.4335/19.1.149-174(2021).

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As opposed to authors who strive to justify the right of access to public passenger transport services of citizens predominantly on the principles of justice deriving from social ethics, the authors of this article justify the right of such access on the human rights to mobility and equality before the law, as the rights based on international legal acts, whereas the principles of fairness are used to upgrade the human right to equality and prohibition of discrimination. Based on the rights to mobility and equality before the law, the authors justify an obligation of democratic states to introduce a law to provide for people an adequate access to public passenger transport services at the interurban and urban level. The theoretical findings established herein will serve as a basis to evaluate legal regulations in the selected states (the Republic of Slovenia and the Republic of Croatia), and create proposals to change the same.

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KEITH, KENNETH. "Thomas Buergenthal: Judge of the International Court of Justice (2000–10)." Leiden Journal of International Law 24, no. 1 (February 11, 2011): 163–71. http://dx.doi.org/10.1017/s0922156510000671.

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AbstractThomas Buergenthal retired as a judge of the International Court of Justice in September 2010 after ten years of service and participating in 38 substantive decisions. This tribute to a member of the Court who arrived with outstanding and formidable scholarly qualifications, especially but not only in the field of international human rights, also draws on his earlier tragic, harrowing, and ‘lucky’ years. On the basis of the public record, for much of the work of the Judges as members of a collegial body is not public, the article emphasizes Thomas Buergenthal's commitment to the independence of judicial office, as demonstrated particularly in cases brought against his own country; to the sound administration of justice; to the indispensability of courts in any system of ordered government, national or international; and more generally to principle.

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Horvat, Matej. "A judicial review of the inactivity of public administration in the Slovak Republic." Opolskie Studia Administracyjno-Prawne 16, no. 4 (2) (September 18, 2019): 55–64. http://dx.doi.org/10.25167/osap.1221.

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The article focuses on inactivity of the public administration in the Slovak Republic. It analyses this malfunction of the public administration from the point of view of the legal theory, international legal regulation as well as national legal regulation. The emphasis is on the national legal regulation that should provide effective legal remedies on how to eliminate inactivity of the public administration – namely the Constitution of the Slovak Republic, the Act on Administrative Proceeding and the Act on Administrative Justice Procedure. The article analyses the new legal regulation on a judicial review of inactivity stipulated in the Act on Administrative Justice Procedure and compares it with the previous legal regulation. The aim is to conclude which legal regulation is more effective and describe why it is so.

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Kayuni, Steven William. "Quis Custodiet Ipsos Custodes (Who is Guarding the Guardians)? – Decision Processes in the icc’s Offences Against the Administration of Justice." Law & Practice of International Courts and Tribunals 15, no. 2 (September 22, 2016): 345–84. http://dx.doi.org/10.1163/15718034-12341326.

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This article examines the legal framework and practice regarding offences against the administration of justice within the Rome Statute of the International Criminal Court. As the icc adds more investigations and prosecutions, offences against the administration of justice in the form of witness interference and tampering, false testimony presentations and misconduct by or against officials of the Court are becoming common ground or prevalent. The mechanism provided for in Articles 70 and 71 of the Rome Statute when read with the Rules of Procedure and Evidence (rpe) grants powers to investigate and prosecute such offences. Decision-making, legal interpretation and policy formulation have become a challenge. In tackling this, this article analyses the legislative formulation of these offences; it then focuses on the policy evolution and development of the practice of predecessor tribunals. In conclusion, the article suggests opportunities for the icc’s legal interpretation and policy alternatives regarding future trends in offences against the administration of justice.

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Pena, Letícia, John Betton, and Dayr Reis. "Designing competitive international compensation programs." Revista de Administração de Empresas 38, no. 1 (March 1998): 18–26. http://dx.doi.org/10.1590/s0034-75901998000100003.

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Over the past 25 years, expatriate managers have voiced increased disenchantment with their compensation packages whíle abroad. This paper takes a prescriptive approach, outlíning severa I elements of a successful human resources strategy and stressing key ingredients of effective international compensation programs. Particular ettention is given to the adherence of cultural values and distrlbutive justice when working across nations and cultures.

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Martin, Liam. "The globalization of American criminal justice: The New Zealand Case." Australian & New Zealand Journal of Criminology 51, no. 4 (December 7, 2017): 560–75. http://dx.doi.org/10.1177/0004865817745938.

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The international influence of American criminal justice policy has been a central focus of research on policy transfer and comparative penology. With scholars divided between those emphasizing international convergence around United States policy, and others stressing ongoing American exceptionalism, it has become important to trace the extent of this influence not only across different countries but within particular national contexts. This article examines the impact of American criminal justice policy in New Zealand. I present three case studies exploring developments in different arms of the criminal justice system: the introduction of three strikes sentencing laws, the adoption of supermax principles of prison design and administration, and the use of zero tolerance and broken windows policing strategies. In tracing these changes, I find globalization opening new channels for the movement of policy that are often outside the control of the criminal justice establishment.

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Vázquez, Carlos Manuel. "Breard and the Federal Power to Require Compliance With ICJ Orders of Provisional Measures." American Journal of International Law 92, no. 4 (October 1998): 683–91. http://dx.doi.org/10.2307/2998131.

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Among the puzzling aspects of the Breard episode was the Clinton administration’s claim that the decision whether or not to comply with the Order of the International Court of Justice requiring the postponement of Breard’s execution lay exclusively in the hands of the Governor of Virginia. The ICJ’s Order provided that “[t]he United States should take all measures at its disposal to ensure that Angel Francisco Breard is not executed pending the final decision in these proceedings.” The Clinton administration argued that the Order was not binding, but it also took the position that, even if the order were binding, there would be no authority in the federal Government to require a postponement of the execution. As the administration explained to the Supreme Court:

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양지숙. "Formation of International Standard for the Administration of Justice through Investor-State Dispute Settlement Mechanism." Ilkam Law Review ll, no. 24 (February 2013): 445–501. http://dx.doi.org/10.35148/ilsilr.2013..24.445.

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C.F. Amerasinghe, L. D. "ASPECTS OF THE ADMINISTRATION OF INTERNATIONAL JUSTICE. By Elihu Lauterpacht, CBE, Q.C. Grotius. Cambridge, 1991." ICSID Review 8, no. 1 (March 1, 1993): 185–87. http://dx.doi.org/10.1093/icsidreview/8.1.185.

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Hiéramente*, Mayeul, Philipp Müller, and Emma Ferguson. "Barasa, Bribery and Beyond: Offences against the Administration of Justice at the International Criminal Court." International Criminal Law Review 14, no. 6 (October 17, 2014): 1123–49. http://dx.doi.org/10.1163/15718123-01406005.

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Through the most recent proceedings initiated by the Prosecutor of the International Criminal Court (ICC) against Walter Barasa, the issue of proceedings for alleged offences against the administration of justice pursuant to Article 70 of the Rome Statute has gained relevance for both legal practice and in the academic field. The regime established by the article differs significantly from the one applicable to the ad-hoc tribunals as it shifts power from the Chamber to the Prosecution. This article aims at exploring the implications this changed legal framework has for the upcoming legal proceedings, taking into account in particular the rights of the accused and the risks of the OTP’s investigatory and prosecutorial monopoly. It will further explore the legal tools available to ICC judges in order to remedy these implications and discuss the possibilities for applying lessons learned.

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Nagy, Noémi. "Language Rights of Minorities in the Areas of Education, the Administration of Justice and Public Administration: European Developments in 2017." European Yearbook of Minority Issues Online 16, no. 1 (April 1, 2019): 63–97. http://dx.doi.org/10.1163/22116117_01601004.

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This section overviews the 2017 situation of the language rights of European minorities in the fields of education, the administration of justice and public administration. The author presents the relevant legal developments in the activities of the major international organizations, i.e. the United Nations, the Organization for Security and Cooperation in Europe, the European Union, and the Council of Europe including the case law of the European Court of Human Rights, and the implementation of the European Charter for Regional and Minority Languages as well as the Framework Convention for the Protection of National Minorities. In the concluding remarks, tendencies and common patterns are emphasized.

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Cook, Kay, Lisa Given, Georgia Keam, and Lisa Young. "Technological opportunities for procedural justice in welfare administration: A review of available apps." Critical Social Policy 40, no. 4 (July 9, 2019): 627–48. http://dx.doi.org/10.1177/0261018319860498.

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Welfare agencies are increasingly turning to technology to facilitate information-sharing and communication with users. However, while the administrative, governmental and material effects of technological advances have been examined, research has yet to explore how welfare users could make use of technology for their benefit. In this article, we examine the extent to which available technologies allow Australian separated mothers to assemble and provide data to government agencies in order to pursue procedural, and therefore substantive, justice in child support and welfare contexts. We find that no currently available apps provide separated mothers with technological affordances suited to this purpose. As a result, we find that existing child support and welfare data practices reinforce the social hierarchies that exist post-separation, whereby low-income single mothers are financially and socially disadvantaged, while welfare administrators and non-compliant ex-partners accrue savings and discretionary benefits as a result of existing bureaucratic data gaps and omissions.

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Paavola, Jouni. "Seeking justice: International environmental governance and climate change." Globalizations 2, no. 3 (December 2005): 309–22. http://dx.doi.org/10.1080/14747730500367850.

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Karamzadeh, Amin, and Zahra Feiz. "Principles Governing a Fair Trial under Islamic Jurisprudence and International Law." International Journal of Multicultural and Multireligious Understanding 8, no. 2 (February 19, 2021): 452. http://dx.doi.org/10.18415/ijmmu.v8i2.2359.

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A fair trial along with the preservation of human dignity is one of the most important features of Islamic judicial measurement and is a guarantee for individuals to enjoy the fundamental principles of human rights such as freedom and equality. The administration of judicial justice is not only possible due to the existence of substantive laws, but also its executive and formal methods have a prominent and important role in this field, which is also understood by the international judicial system today. However, the weakness of human thought in formulating comprehensive and efficient laws prevents the realization of justice and the achievement of a fair trial. The present article - with a descriptive-analytical method - deals with the formal and principled laws in a fair trial from the perspective of the Islamic judicial system and concludes that the Islamic judicial system includes principles that guarantee the rights of the accused to the highest degree and observe and include this Formal principles and rules in law are a step towards establishing justice in judicial proceedings; However, these laws have been approved and emphasized much earlier than other systems along with the preservation of human dignity in the Islamic judiciary.

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Ishimaru, Ann M. "Re-imagining turnaround: families and communities leading educational justice." Journal of Educational Administration 56, no. 5 (August 6, 2018): 546–61. http://dx.doi.org/10.1108/jea-01-2018-0013.

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Purpose The purpose of this paper is to deepen the understanding of how minoritized families and communities contribute to equity-focused school change, not as individual consumers or beneficiaries, but as educational and community leaders working collectively to transform their schools. Design/methodology/approach This qualitative case study examines one poverty-impacted racially diverse high school in the US West and the changes that occurred over a seven-year period. Findings Minoritized families, community leaders and formal leaders leveraged conventional schooling structures – such as turnaround reforms, the International Baccalaureate program and the PTA – to disrupt the default institutional scripts of schools and drive equity-focused change for all students, particularly African-Americans from the neighborhood. Research limitations/implications Though one school, this case contributes insights about how families and communities can collaborate with systems actors to catalyze educational justice in gentrifying communities. Practical implications This study suggests strategies that families and communities used to reclaim school narratives, “infiltrate” conventional structures and reorient them toward equitable collaboration and educational justice. Social implications This study contributes to a body of critical scholarship on “turnaround” reform efforts in urban secondary schools and suggests ways to reshape decision making, leadership, parent engagement and student intervention to build collective agency. Originality/value This research raises provocative questions about the extent to which families and communities can use conventional structures and policies to pursue educational justice in the US public education. Learning from such efforts highlights strategies and practices that might begin to help us construct more decolonizing theories of change.

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Nguyen, Duc. "The Development of Four Leading Principles of the Convention on the Rights of the Child in Vietnam´s Juvenile Justice." Bergen Journal of Criminal Law & Criminal Justice 4, no. 2 (January 9, 2017): 267. http://dx.doi.org/10.15845/bjclcj.v4i2.1074.

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The paper sheds light on the latest development of four CRC principles in the administration of Vietnam’s juvenile justice after the recent amendment of the Penal Code and Criminal Procedural Code of Vietnam. It also assesses the compatibility of the Vietnamese juvenile justice system compared to international standards elaborated by the CRC Committee. At the same time, certain issues are raised regarding the implementation of such principles in practice. Finally, concluding remarks will be provided together with recommendations on how to develop the juvenile justice system in Vietnam.Keywords: Vietnam’s juvenile justice; Children’s rights; CRC leading principles; juvenile offenders; the rights of the child; non-discrimination; best interests of the child; children’s right to life; survival and development; children’s right to be heard.

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Degterev, D. "A Political Economy of Foreign Aid." World Economy and International Relations, no. 4 (2014): 26–35. http://dx.doi.org/10.20542/0131-2227-2014-4-26-35.

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Representatives of various paradigms of international relations (realism, liberalism , neo-marxism and constructivism) and various currents of development economics (Keynesian, neoclassical, institutional) often take polar positions on the nature of international aid and its impact on the economy of the recipient countries. From the point of view of global justice there are also several different perspectives on the role of international assistance: development paradigm with correction function and distribution paradigm with redistributive function. The author investigates a number of contradictions in the system of administration of international aid in the framework of institutional analysis.

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Stackhouse, Stefan B. "Upholding justice in an unjust world: a practitioner's view of public administration ethics." International Journal of Public Administration 12, no. 6 (January 1989): 889–911. http://dx.doi.org/10.1080/01900698908524658.

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Shepitko, Mykhaylo. "Criminal Legislation Trends in Ukraine (Evidence From Crimes Against Justice)." Journal of the National Academy of Legal Sciences of Ukraine 27, no. 2 (June 27, 2020): 131–41. http://dx.doi.org/10.37635/jnalsu.27(2).2020.131-141.

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The paper investigates the development of criminal legislation of Ukraine as exemplified in crimes against justice. To this end, the author approached the study of criminal law through the analysis of its development in the globalised world and in Ukraine. In this context, it is proposed to refer to criminal legislation as globalisational and to codification – as unified. This is caused by the rapprochement of countries in the world through the implementation of conventions and other international regulations and, consequently, the harmonisation of criminal legislation. In historical retrospect, the author constructed a historical map of crimes, misdemeanours, and offences against justice inherent in the criminal legislation of Ukraine in the 11th-20th centuries (based on the stage and initial possibility of their commission). It was determined that certain trends of establishing criminal liability for commission of criminal offences in justice will affect the development of crimes against justice: 1) implementation of international regulations; 2) ensuring the protection of the activities of international courts whose jurisdiction is recognised by Ukraine; 3) establishment of a system of criminal offences against justice through their division into groups in the structure of the corresponding section (division of the section into chapters). Such groups may be: 1) criminal offences in administration of justice; 2) criminal offences in enforcement of justice; 3) criminal offences in support of enforcement of justice. The use of these approaches allowed to develop the prospects of criminal legislation on crimes and misdemeanours against justice. Emphasis is placed on the fact that criminal offences (crimes) against justice are such acts that significantly differ in the severity of the offence, their social danger, and therefore the division of these criminal offences into crimes and misdemeanours should affect the procedural features of bringing the respective perpetrators to criminal responsibility

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Eberechi, Ifeonu. "Armed Conflicts in Africa and Western Complicity: A Disincentive for African Union's Cooperation with the ICC." African Journal of Legal Studies 3, no. 1 (2009): 53–76. http://dx.doi.org/10.1163/221097312x13397499736903.

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AbstractIntrinsic in the concept of international justice for violations of international humanitarian law is the requirement of cooperation by states and, to a large extent, regional bodies with the International Criminal Court (ICC). Unlike domestic courts, the ICC is not endowed with law enforcement power nor could such power be imputed to it as part of its functions. It is against this background that the on-going crisis of corporation between the ICC and the African Union (AU) following the indictment of Sudanese President Omar al-Bashir for international crime portends a far reaching implication for the administration of international criminal accountability. As part of a broader diagnosis of the reasons for the AU's opposition, this paper, while discussing armed conflicts in Africa, which provides the fillip for gross human rights violations in the region, exposes the contributions of the West. It concludes that an effective enforcement of international justice in the region must include an inquiry into the role of international actors and Western powers in promoting and exacerbating the situation.

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Zhang, Hua. "The Development of International Law of the Sea by International Courts and Tribunals." Korean Journal of International and Comparative Law 9, no. 1 (May 28, 2021): 132–52. http://dx.doi.org/10.1163/22134484-12340150.

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Abstract The development of international law of the sea by international courts and tribunals is generally acknowledged among international lawyers. In retrospect, the creative jurisprudence of international judicial bodies was incorporated into the mainstream of international law-making process in many cases, while the experience of failure cannot be ignored. In the past decade, the strengthening of marine environmental protection has become a tendency in international adjudication. Accordingly, the content and scope of due diligence obligation has been discovered, consolidated and extended. In light of the evolution of due diligence obligation, the methodology of law-making by international judicial bodies includes: inter alia, interpretation, cross-reference of precedents, analogy, and assertion. However, from the perspective of legitimacy, law-making should not become the normal function of international judicial bodies. Bearing in mind international rule of law and good administration of justice, the lawmaking activities of international courts and tribunals should be curtailed in certain degree.

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Journal articles on the topic 'Administration of International justice'

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