Judicial Integrity

Judicial Integrity

Author:

Publisher: BRILL

Published: 2004-05-01

Total Pages: 321

ISBN-13: 9047413717

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Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.


Access to International Justice

Access to International Justice

Author: Patrick Keyzer

Publisher: Routledge

Published: 2014-11-20

Total Pages: 307

ISBN-13: 1317661117

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There is much debate about the scope of international law, its compatibility with individual state practice, its enforceability and the recent and limited degree to which it is institutionalized. This collection of essays seeks to address the issue of access to justice, the related element of domestic rule of law which does not yet figure significantly in debates about international rule of law. Even in cases in which laws are passed, institutions are present and key players are ethically committed to the rule of law, those whom the laws are intended to protect may be unable to secure protection. This is an issue in most domestic jurisdictions but also one which poses severe problems for international justice worldwide. The book will be of interest to academics and practitioners of international law, environmental law, transitional justice, international development, human rights, ethics, international relations and political theory.


The Access of Individuals to International Justice

The Access of Individuals to International Justice

Author: Antônio Augusto Cançado Trindade

Publisher: Oxford University Press

Published: 2011-08-25

Total Pages: 267

ISBN-13: 0199580952

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This is a domain that has undergone a remarkable development in recent years. It is submitted that the right of access to justice belongs today to the domain of jus cogens. Without it, there is no legal system at all. The protection of the human person in the most adverse circumstances has evolved amongst considerations of ordre public. Such recent evolution has been contributing to the gradual expansion of the material content of jus cogens. --


The Thin Justice of International Law

The Thin Justice of International Law

Author: Steven R. Ratner

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 497

ISBN-13: 0198704046

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Offering a new interdisciplinary approach to global justice and integrating the insights of international relations and contemporary ethics, this book asks whether the core norms of international law are just by appraising them according to a standard of global justice grounded in the advancement of peace and protection of human rights.


The Tokyo Tribunal: Perspectives on Law, History and Memory

The Tokyo Tribunal: Perspectives on Law, History and Memory

Author: Marina Aksenova

Publisher: Torkel Opsahl Academic EPublisher

Published: 2020-10-27

Total Pages: 480

ISBN-13: 828348138X

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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.


Globalisation and Ecological Integrity in Science and International Law

Globalisation and Ecological Integrity in Science and International Law

Author: Colin Soskolne

Publisher: Cambridge Scholars Publishing

Published: 2011-01-18

Total Pages: 515

ISBN-13: 1443828335

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This volume returns to one of the major themes of the Global Ecological Integrity Group: the interface between integrity as a scientific concept and a number of important issues in ethics, international law and public health. The main scholars who have worked on these topics over the years return to re-examine these dimensions from the viewpoint of global governance.


Enhancing the Rule of Law through the International Court of Justice

Enhancing the Rule of Law through the International Court of Justice

Author: Giorgio Gaja

Publisher: Martinus Nijhoff Publishers

Published: 2014-07-10

Total Pages: 180

ISBN-13: 9004278567

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What is the current role of the International Court of Justice in contributing to the rule of law in the international community, and which future developments might enable it to have an even greater impact? These questions are explored in Enhancing the Rule of Law through the International Court of Justice, edited by Judge Giorgio Gaja and Jenny Grote Stoutenburg, Associate Legal Officer at the Court. Resulting from a conference celebrating the centenary of the Peace Palace in The Hague, the volume brings together contributions from Judges of the Court, eminent scholars and "new voices". With contributions by: Ronny Abraham, Mohamed Bennouna, Antônio A. Cançado Trindade, Giorgio Gaja, Christopher Greenwood, Mariko Kawano, Marcelo Kohen, Chehrazad Krari-Lahya, Rosa Möhrlein, Hugh Thirlway, and Andreas Zimmermann


Corruption, Integrity and the Law

Corruption, Integrity and the Law

Author: Taylor & Francis Group

Publisher: Routledge

Published: 2021-09-30

Total Pages: 332

ISBN-13: 9781032173979

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This book provides a unique interdisciplinary assessment of the global anti-corruption legal framework. It gathers top experts in different fields of both the academic and the professional world to analyse legal instruments in the attempt of establishing an interdisciplinary and comparative dialogue between theory and practice.


Intentional Integrity

Intentional Integrity

Author: Robert Chesnut

Publisher: St. Martin's Press

Published: 2020-07-28

Total Pages: 227

ISBN-13: 1250270812

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Silicon Valley expert Robert Chesnut shows that companies that do not think seriously about a crucial element of corporate culture—integrity—are destined to fail. “Show of hands—who in this group has integrity?” It’s with this direct and often uncomfortable question that Robert Chesnut, General Counsel of Airbnb, begins every presentation to new employees. Defining integrity is difficult. Once understood as “telling the truth and keeping your word,” it was about following not just the letter but the spirit of the law. But in a moment when workplaces are becoming more diverse, global, and connected, silence about integrity creates ambiguities about right and wrong that make everyone uncertain, opening the door for the minority of people to rationalize selfish behavior. Trust in most traditional institutions is down—government, religious organizations, and higher education—and there’s a dark cloud hovering over technology. But this is precisely where companies come in; as peoples’ faith in establishments deteriorates, they’re turning to their employer for stability. In Intentional Integrity, Chesnut offers a six-step process for leaders to foster and manage a culture of integrity at work. He explains the rationale and legal context for the ethics and practices, and presents scenarios to illuminate the nuances of thinking deeply and objectively about workplace culture. We will always need governments to manage defense, infrastructure, and basic societal functions. But, Chesnut argues, the private sector has the responsibility to use sensitivity and flexibility to make broader progress—if they act with integrity. "Rob is an insider who's combined doing good with doing business well in two iconic Silicon Valley companies. His book contains smart, practical advice for anyone looking to do good and do well.” —Reid Hoffman, co-founder of LinkedIn and author of Blitzscaling