LOTF2011 | Lena Waloszek
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Law of the Future 2011 23 & 24 June 2011, Peace Palace, The Hague, The Netherlands Title: Internationalization of Law & Enforcement By: Lena Waloszek www.lawofthefuture.org
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LOTF2011 | Hassane Cisse
Law of the Future 2011
23 & 24 June 2011, Peace Palace, The Hague, The Netherlands
Title: Conflict, Fragility and Development in a Globalized World:
Challenges and Implications for the Law of The Future
By: Hassane Cisse
Keynote Presentation
www.lawofthefuture.org
LOTF2011 | Martin Gramatikov
The document discusses EMCOD, a tool for measuring the costs and quality of online dispute resolution (ODR). The objectives of EMCOD were to adapt an existing tool called MA2j, design and develop a software tool to measure ODR costs and quality, and promote research in this area. Some of the achievements included publishing a handbook by the end of August 2011, developing software, and networking. The tool is intended to increase accessibility, transparency, and focus on users in justice systems and enable comparison and competition among ODR providers.
LOTF2011 | H. Patrick Glenn & Ewoud Hondius
This document discusses ten theses regarding globalization and law from a global perspective:
1) We should avoid overgeneralizing about law globally due to lack of concepts, data, and capacity for evidence-based generalizations across legal systems.
2) A conception of law confined only to state/municipal law leaves out non-state legal forms like religious, customary, and unofficial laws.
3) Significant legal patterns are often sub-global, like those from empires, diasporas, alliances, and language/legal tradition spread.
4) Accepting non-state law leads to accepting legal pluralism as a social fact occurring within and between countries at all levels of organization
LOTF2011 | Marieke Klompe
Law of the Future 2011
23 & 24 June 2011, Peace Palace, The Hague, The Netherlands
Title: Privatization and the law of the future
By: Marieke Klompe
Workshop: The Youth, the Law and the Future
www.lawofthefuture.org
LOTF2011 | Hanneke Piters
The document discusses increasing "universalization" and pluralism in asymmetric warfare. It notes a trend towards greater universal applicability of international humanitarian law (IHL) through enforcement of IHL, adapting and supplementing IHL rules, and taking comprehensive approaches. However, increasing pluralism through high-tech solutions may result in opponents using different means that IHL does not cover as well. The document examines solutions to address these trends in asymmetric wars where Western forces face irregular opponents.
LOTF2011 | Ayelet Berman
Law of the Future 2011
23 & 24 June 2011, Peace Palace, The Hague, The Netherlands
title: Informal International Law-making in the Pharmaceutical Field
By: Ayelet Berman
www.lawofthefuture.org
LOTF2011 | Joost Pauwelyn
Law of the Future 2011
23 & 24 June 2011, Peace Palace, The Hague, The Netherlands
title: Informal International Lawmaking (“IN-LAW”)
By: Prof. Joost Pauwelyn
www.lawofthefuture.org
LOTF2011 | Emmanuel Lazega
Law of the Future 2011
23 & 24 June 2011, Peace Palace, The Hague, The Netherlands
title:
Mapping Transjudicial Dialogue and Learning Across Borders
By: Emmanuel Lazega
Highest Courts Workshop
www.lawofthefuture.org
LOTF2011 | Jan M. Smits
Law of the Future 2011
23 & 24 June 2011, Peace Palace, The Hague, The Netherlands
title:
Beyond the State Monopoly:
Making Law Work in Times of Globalisation
By: Jan M. Smits
www.lawofthefuture.org
LOTF2011 | Maurits Barendrecht, Innovating Justice
Law of the Future 2011
23 & 24 June 2011, Peace Palace, The Hague, The Netherlands
title:
Justice sector innovators: We better reward them!
By Maurits Barendrecht, Innovating Justice
www.lawofthefuture.org
LOTF2011 | Sam Muller
Law of the Future 2011
23 & 24 June 2011, Peace Palace, The Hague, The Netherlands
title:
Opening Law of the Future Conference 2011
www.lawofthefuture.org
LOTF2011 | Sam Muller & Morly Frishman
Law of the Future 2011
23 & 24 June 2011, Peace Palace, The Hague, The Netherlands
title:
Law Scenarios to 2030 & Report on conclusions from
the Law of the Future Forum
www.lawofthefuture.org
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LOTF2011 | Lena Waloszek
- 1. Internationalization of Law & Enforcement By Lena Waloszek
- 2. Outline : - Trend - Example - Solution - Conclusion
- 3. I. Trend : - “Internationalization of Law & Enforcement” - More international courts and tribunals - Ad hoc tribunals (ICTY, ICTR, SCSL)
- 4. II. Example : - Special Tribunal for Lebanon (STL) - Established in 2005 by SC Res. 1757 - Assassination of former Lebanese PM - Several legitimacy problems
- 5. II. Example : - Problems: - No governmental approval - Unilateral ratification by the UN Security Council - National law serves as a basis - Jurisdiction of the Tribunal does not differ from national courts
- 6. II. Example : - Problems: - An internal problem was placed on an international level - International solutions for national matters
- 7. III. Solution : - National courts of the locus delicti - ICC as a complementary instrument - National law - International law complementary
- 8. III. Solution : - National courts are competent to deal with national as well as international crimes - National court judgments are more effective - National courts have the expertise in national law and could be trained in international law
- 9. III. Solution : - National prosecutors have a closer connection with national authorities (e.g. police) - ICC complementary in order to have a instrument when a state is unwilling or unable to prosecute (last resort)
- 10. III. Solution : - National law serves as a better basis - International law complementary in order to fill the gaps of national law and to safeguard human rights
- 11. IV. Conclusion : - Going back in history BUT taking the ICC as a complementary instrument with us - Apply national law BUT international law if human rights and jus cogens are at stake BECAUSE it is a national matter and should NOT be placed on an international level - Suggestion: NOT TO FOLLOW THE TREND
- 12. Thank you for your attention !