Published
by the International Judicial Academy, Washington, D.C., with assistance
from the
American Society of International Law
Fall 2017 Issue |
Organization of American States and American Bar
Association Join to
Promote International Law in the Western Hemisphere
By: James G. Apple, Editor-in-Chief, International
Judicial Monitor
The movement to expand and use international law in the Western
Hemisphere received a big boost in the fall of 2017 when the General
Secretariat of the Organization of American States (OAS) and the American Bar
Association (ABA) signed a cooperation agreement on October 26, 1017 in Miami,
Florida during the annual fall meeting of the ABA’s Section on International
Law. The cooperation agreement obligates each party to work together for the
“promotion of the rule of law and the dissemination and development of
international law within the inter-American legal system.
The announcement of the agreement recognized an ongoing
commitment of the OAS member states to further develop international law as a
“way to strengthen relations among states and to foster peace and stability” in
the hemisphere. The new agreement will allow the OAS to join forces with the ABA
to further that mission and also to further the ABA mission of “defending
liberty and delivering justice.” The agreement is consistent with the right of OAS
member states to request the General Secretariat “to promote agreements with
various entities for the teaching and dissemination of inter-American law under
the Inter-American Program for the Development of International Law.
The Department of International Law within the offices of
the General Secretariat of the OAS will be responsible for “coordinating the
activities” under the agreement. The parties envision activities that include
“legal cooperation projects for the training of other legal professionals;
various types of legal and comparative. research; joint organization and
participation in conferences, seminars, roundtable discussions and other events
to promote dialogue among lawyers, government officials, diplomats and technical
experts.
The OAS Department of International Law in the OAS Secretariat
is headed by Dante Negro. Mr. Negro told the International Judicial Monitor that “the ABA and the OAS share a common goal – to promote the rule of law in
the hemisphere. This cooperation agreement will foster our collaboration to
achieve more rights for more people. It will serve as the overarching framework
pursuant to which we will plan specific activities to promote international law
and to strengthen the inter-American legal system.”
The OAS and the General Secretariat were established in 1948
by a charter, “the preamble of which expresses the desire of the American
peoples to live together in peace and, through their mutual understanding and
respect for the sovereignty of each one, to provide for the betterment of all
in independence, in equality, and under law.”
Article 3(a) of the Charter of the OAS provides that
“international law is the standard of conduct of States [States Parties] in
their reciprocal relations.”
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Justice
in Profile
Ruth Bader Ginsburg
Supreme Court
Justice
United States
The Supreme Court
By: James G. Apple,
Editor-in-Chief, International Judicial Monitor
The United States Supreme Court is, as of the beginning of
the coming year, 229 years old. It took almost two hundred years for the U.S.
Government to appoint a female to the Court.
(Read
More ») |
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International
Tribunal Spotlight
Common Court of Justice and Arbitration (CCJA) for the
Harmonization of Corporate Law in Africa (OHADA)
By: James G. Apple,
Editor-in-Chief, International Judicial Monitor
Many African states, in their efforts to be involved with
modern commercial practices not only in their specific areas, but also in
relationships to other nations and the international community, find that their business
and commercial laws, dating back to colonial eras, are not suitable for
modern commercial transactions and commercial relationships.
(Read
More »)
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100 Ways
International Law: One Hundred Ways It Shapes Our Lives
Being able to choose from a greater variety of wines from Australia, Chile, and other countries.
By: James G. Apple, Editor-in-Chief, International
Judicial Monitor
Any
resident of the United States who drinks a lot of wine, or even an occasional
glass, to such an extent that a trip to the local wine or grocery store is
periodically required could not fail to notice that the number of types of
wine, as well as their places of origin has increased rapidly in recent years.
(Read
More »)
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Significant Case Report
Brazilian Appellate Decision Renews Interest in Bustamante Code
By: Jeannette Tramhel and Luiz Marcelo Azevedo, Department of International Law, Organization of American States
A decision in 2016 by the Court of Appeals of São Paulo that a Liberian ship mortgage was invalid in Brazil has prompted closer examination of the international rules that govern maritime mortgages and inspired renewed interest in the Bustamante Code, which was acceded to by The Bahamas soon afterwards. (Read
More »)
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| Special Report |
HISTORIC ACTIVATION
OF THE INTERNATIONAL CRIMINAL COURT’S CRIME OF AGGRESSION: The Assembly of
States Parties Decides to Activate the ICC’s 4th Crime
By: Jennifer Trahan, Associate Professor, Center
for Global Affairs, New York University
On Thursday, December 14, 2017, the ICC’s Assembly of States
Parties took the historic and significant decision, by consensus, to activate,
effective July 17, 2018, the ICC’s jurisdiction over its 4th crime, the
crime of aggression.
(Read More »)
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| Editorial |
The OAS/ABA Cooperation Agreement – Important for the
Future of International Law Around the World
By: James G. Apple, Editor-in-Chief, International
Judicial Monitor
There is an announcement in another part of this issue of
the International Judicial Monitor relating to a recent development of
large significance for the future of international law.
(Read More »)
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| Hague Happenings |
ICMP:
Bringing Some Closure to Families of Missing Persons
By: Iva Vukusic, International Judicial Monitor Correspondent in The Hague
From
Bosnia to Syria, Libya and beyond, thousands of families suffer the anguish of
not knowing what happened to their loved ones. In armed conflict, or as victims
of forced disappearances, people sometimes vanish without trace. (Read More »)
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| Historic
Moments in International Law |
The Ire of Il Duce and the First
Crisis of the League of Nations
By: Stephen
C. Neff, Reader in Law – Public International Law, University of Edinburgh Law
School
Under the impetuous and aggressive sway of
Benito Mussolini - Il Duce (“the leader”) as he insisted on being called
– fascist Italy became involved in a number of foreign military adventures, and
mis-adventures. The best known was the conquest of Ethiopia in 1935-36,
achieved in the teeth of economic sanctions by the League of Nations, and
helped along by doses of poison gas.
(Read More ») |
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| Judicial Tourism |
Strasbourg, France – Center of European Law Activity
By: James G. Apple, Editor-in-Chief, International
Judicial Monitor
Strasbourg is one of the loveliest cities in Europe. A major
allure it holds for tourists is the red early 11th Century gothic cathedral
which stands in the center of the old town, generally conceded to be one of the
most beautiful in Europe. (Read More »)
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| Global Judicial Perspective |
Columbia Peace Process Should Move Forward to Prevent Further Violence
By: Richard A. Goldstone, Former Justice, Constitutional Court of South Africa, First Chief Prosecutor of the International Criminal Tribunal for Yugoslavia, and Regular Columnist, International Judicial Monitor
At
the beginning of November 2017, I delivered two addresses in Bogota, the
capital of Colombia. Both related to transitional justice.
(Read More ») |
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| Special Report |
The Hartford Guidelines on International Speech
Crimes
By: Richard Ashby Wilson, Professor of Law and
Anthropology at the University of Connecticut; Author of Incitement on Trial:
Prosecuting International Speech Crimes
Armed conflicts and mass atrocities are usually
preceded by a propaganda campaign in which public figures and opinion shapers
foment ethnic, national, racial or religious hatred, and incite their followers
to acts of violence.
(Read More »)
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| Special Report |
The Ramsar Convention and
Wetlands Protections
By: Mehrdad Mohamadi, PhD in
International Law, Tehran, Iran
Wetlands are among the
most productive environments in the world.
(Read More »)
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| Leading Figures in
International Law |
Henry Wheaton, Jurist, United States
By: James G. Apple, Editor-in-Chief, International
Judicial Monitor
Currently the United States is not viewed as a world leader
in the promulgation and acceptance of international law. However it
has not always been that way.
(Read More ») |
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| Special Report |
International Law and the Underlying
Extra-legal Factors That Influence Terrorism
By: Mahmudul Hasan,
Lecturer in Law, University of Development Alternative, Dhaka, Bangladesh
The world shivers at the mention of terrorism. As a matter of fact, modern terrorism has proven to pose the most serious
threat to global peace and human rights.
(Read More »)
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| In
Review: Books About International Law and About Courts and Judges |
The Nature of the Judicial Process
By: Benjamin N. Cardozo
Dover Publications 2005 (an unabridged republication originally published in 1921 by Yale University Press)
Reviewed by: James G. Apple, Editor-in-Chief, International
Judicial Monitor
Benjamin N. Cardozo is one of the most famous names among
the American judiciary, one of the most distinguished judges in American
history, and not just legal history. (Read
More ») |
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 International
Judicial Monitor
© 2017 – The International Judicial Academy
with assistance
from the American Society of International Law.
Editor: James G. Apple.
IJM welcomes comments, suggestions, and submissions.
Please contact the IJM editor at ijaworld@verizon.net. |
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