Abstract: Contributors Preface and acknowledgements Introduction Stephen R. Munzer 1. Property, honesty and normative resilience Jeremy Waldron 2. Property as social relations Stephen R. Munzer 3. Must we have the right to waste? Edward J. McCaffery 4. Inheritance and the justice tribunal J. W. Harris 5. Lockean arguments for private intellectual property Seana Valentine Shiffrin 6. Theories of intellectual property William Fisher Table of cases Index of names Index of subjects.

Abstract: Environmental law and policy in India affects most sections of society. This edition scrutinizes almost every aspect of environmental law concerned with constitutional and legislative provisions, judicial remedies and procedures, water pollution control, air pollution control, forests, wild life protection, the Bhopal gas leak case, transnational environmental policies, international environmental law and global issues. Interlaced with notes, comments and questions, the updated edition should prove useful for students, academics, lawyers, activists, and NGOs.

Abstract: The excavation of mass graves provides information and documentation for both human rights work and for forensic medico-legal investigations Medico-legal documentation for the United Nations International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda is a major reason for recent excavation of large mass graves in these countries The mass grave excavations have been among the largest since World War II The investigative teams incorporated professional archaeologists sensitized to medico-legal realities, to the realm of decomposed fleshed remains, and who exhibited flexibility in adapting techniques to the forensic context This paper examines the forensic context of these excavations, the techniques the team developed, and presents a case study from Rwanda

Abstract: A plea of superior orders in response to charges founded upon violations of the international laws of armed conflict has since 1945 been treated as a plea in mitigation of sentence rather than as a defence, a position founded upon article 8 of the 1945 Charter of the International Military Tribunal at Nuremberg. In 1998 the draft Statute of the proposed permanent International Criminal Court appeared, by article 33, to “restore” superior orders as a defence, a move deprecated by some as an apparent softening of the international legal approach to war crimes in an age in which such violations are all too prominently before the world's scrutiny. In fact both the formerly received “Nuremberg” doctrine and the appearance of a radical change, or reversion, in the 1998 Statute can be argued to be erroneous. It is the contention of this paper that far from advancing a new and stricter doctrine, the Charter of the IMT at Nuremberg correctly applied pre-existing doctrine in extreme and unusual circumstances but was mistakenly taken to have developed a new approach which was then applied with potentially distorting effect for the generality of circumstances. In this view the 1998 Statute has merely recognised the essential doctrine of superior orders as it existed prior to 1945 and which, properly understood, should not have been thought essentially to have been changed even in 1945.

Abstract: In late 1999 I left the Court of Appeals for the District of Columbia Circuit to become the U.S. Judge on the International Criminal Tribunal for the Former Yugoslavia (ICTY or Tribunal). For me, this year has been a fascinating, difficult, sometimes frustrating, and mostly rewarding experience. The ICTY was created by United Nations Security Council Resolution in 1993 to prosecute and adjudicate war crimes, crimes against humanity, and genocide committed in the territory of the former Yugoslavia on or after January, 1991. That includes all aspects of the Bosnian conflict as well as the more recent Kosovo war. The Tribunal exercises personal jurisdiction over persons indicted for the categories of war crimes set out in the ICTY Statute, wherever apprehended; no extradition proceedings are necessary. It can impose sentences up to life imprisonment, but not death. The Tribunal is a temporary court in the sense that its mission is geographically and temporally limited. It is not expected to finish its work for at least another decade. In the

Abstract: There are to date some six significant judicial pronouncements dealing with the interpretation and application of article 4--genocide - of the ICTY Statute: two Rule 61 hearings; the Trial Chamber rulings in Jelisic, Krstic, and Sikirica; and the Appeals Chamber decision in Jelisic. In the course of these judgments, the ICTY has made important pronouncements about the actus reus of genocide, the nature of the protected groups, the quantitative dimension of the crime, and the concept of intent.

Abstract: The conflict in Sierra Leone began in 1991 and still continues. It has led to over 50,000 deaths. The fighting has been characterised by the use of child combatants and widespread mutilation of civilians by amputation. When the conflict began, it would have seemed improbable that any UN response would include a forum for the trial of international crimes. After all, even the high tide of international enforcement of international criminal law, the Nuremberg International Military Tribunal, had begun to be excised from mainstream treatments of international law.1 The possibility of a permanent international criminal court had recently been revived, and sent to the International Law Commission for consideration, but the record of the ILC with controversial projects would not have led to an expectation of quick progress.2 Yet, nearly 10 years on, the UN is now involved in setting up a fourth criminal court,3 the “Special Court” for Sierra Leone. Despite the selectivity inherent in ad hoc reactions, and the continuing opposition to the Rome Statute in some quarters, it is now difficult to deny that progress is being made towards a new form of international criminal order where the improbability of prosecution for international crimes can ne longer be presumed.

Abstract: Part I of this Article examines the chronology of the decade-long conflict in Sierra Leone. It provides an illuminating backdrop against which the Special Court may be assessed and highlights particular features that the institutional design of the Special Court would have to accommodate. Part II explores the precedents for the Special Court. Specifically, it considers the establishment of the International Criminal Tribunal for the Former Yugoslavia (”ICTY”) and the International Criminal Tribunal for Rwanda (”ICTR”), and the impetus behind the International Criminal Court, developments that parallel in time the unfolding of Sierra Leone’s conflict. Part III subjects particular features of the Special Court to critical assessment, namely its institutional design, the lack of power and resources committed thereto, and the context in which it will operate. It argues that these features represent fundamental flaws and significant hurdles that need to be overcome if the Special Court is to operate effectively or efficiently.

Abstract: The Eritrea-Yemen Arbitral Tribunal unanimously resolved in its two awards the disputed territorial sovereignty over the Red Sea islands (Phase I, 1998) and the delimitation of an international maritime boundary (Phase II, 1999) in one of the most strategically sensitive regions of the world. This article surveys the progress made by each of the awards in the development of principles and rules of international law in the respective subject matters of the awards. While due attention is paid to the consistency of the awards with the preceding decisions of the International Court of Justice and arbitral tribunals concerning acquisition of territorial sovereignty and equitable maritime delimitation, distinct features, such as rejection by the 1998 Eritrea-Yemen Award of the existence of a principle of reversion of a newly independent state to the ancient title to territory, are also examined. The analysis of the 1999 Award focuses on the complex decision-making process which led the Arbitral Tribunal to equi...

Abstract: The article critically examines the use of the doctrine of command responsibility by the UN International Criminal Tribunal for Rwanda in two of its judgements, Kayishema & Ruzindana and Musema. It argues that in assessing superior-subordinate relationships the ICTR applied the wrong standard in both cases. If civilian superiors are to be liable for prosecution for command responsibility, the doctrine will be properly operative only in cases where the superior's control of subordinates strongly resembles that customarily enjoyed by military commanders; i.e., where there is an international legal duty imposed on the civilian superior to exercise relevant control over the civilian subordinates. The article builds upon the arguments of the ICTY's Celebici judgment on this point, and emphasizes the difficulty in holding lower-ranking Rwandan civilians responsible as superiors for genocide committed by supposed subordinates.

Abstract: Acknowledgments. Note on Documents. 1. Introduction. 2. The Tribunal in its International Context. 3. The Organization of the Tribunal. 4. Jurisdiction. 5. Applicable Law. 6. Procedure. 7. Procedure in Proceedings Before Special Chambers. 8. Procedure in Contentious Cases Before the Seabed Disputes Chamber. 9. Procedure in Proceedings for the Prompt Release of Vessels and Crews. 10. Incidental Proceedings. 11. Procedure in Advisory Proceedings. 12. Judgments, Advisory Opinions, Orders and Other Decisions of the Tribunal. 13. Finality and Binding Force of Decisions of the Tribunal. 14. Revision and Interpretation of Judgments and Other Decisions of the Tribunal. 15. Costs. 16. Amendments to the Convention. 17. The Cases Before the Tribunal. Annexes. Indexes.

Abstract: This Essay examines the practical experience of the International Criminal Tribunal for the former Yugoslavia (”ICTY”) and, in particular, its Registry with regard to operational matters and its relevance within the setup of the International Criminal Court (”ICC”). While the first part is dedicated to the basic legal groundwork that forms the basis for the work of the ICC (including its financial regulations, a multilateral agreement on its privileges and immunities, and the agreement governing the relationship between the ICC and the United Nations), the second part deals with the more practical aspects of the question of how to start an international criminal court from an operational perspective. In my conclusions, I would like to revert to the practical experience the ICTY has gained so far and upon which the States Parties could draw when considering the different operational aspects of setting up this important new international judicial institution. OPERATIONAL ASPECTS OF SETTING UP THE INTERNATIONAL CRIMINAL COURT: BUILDING ON THE EXPERIENCE OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

Abstract: The article critically examines the use of the doctrine of command responsibility by the UN International Criminal Tribunal for Rwanda in two of its judgements, Kayishema & Ruzindana and Musema . It argues that in assessing superior-subordinate relationships the ICTR applied the wrong standard in both cases. While there is no doubt that civilian superiors are liable to prosecution for command responsibility, the doctrine will be properly operative only in cases where the superior's control of subordinates strongly resembles that enjoyed by military commanders. The article builds upon the arguments of the ICTY's Celebici judgement on this point, and emphasises the difficulty in holding lower-ranking Rwandan civilians responsible as superiors for genocide committed by supposed subordinates.

Abstract: This is a review of the tribunal system in England and Wales. The aim of which is to recommend changes to the way in which the tribunal system is run. Its main objectives are: to make the 70 different tribunals into a more cohesive tribunal system; to make the tribunals independent of their sponsoring departments; to improve training of staff within the tribunals service; and to enable users of the tribunals to participate effectively and without apprehension.

Abstract: This Essay will examine in further detail the legal structure for the actual establishment of the Court and relevant examples, in particular the establishment of the International Criminal Tribunals for the former Yugoslavia and for Rwanda and the International Tribunal on the Law of the Sea This Essay will also set forth some recommendations for timely action by governments, the United Nations, and other experts, to ensure that a solid foundation for the Court is constructed in a timely way NECESSARY STEPS FOR THE CREATION OF THE INTERNATIONAL CRIMINAL COURT

Abstract: UNDER THE 1958 New York. Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the arbitrability of the subject matter of a dispute may be at issue when a national court is called upon to recognize an arbitration agreement and refer the parties to arbitration (Article II), or when the court is requested to enforce a foreign arbitral award (Article V). In both cases, the preliminary question of the law governing arbitrability needs to be answered. This question has been the subject of much discussion and debate. National courts have contemplated – alternatively or cumulatively – the law of the forum ( lex fori ), the law chosen by the parties to govern the arbitration clause ( lex electionis ) or their contract ( lex contractus ), or, further, the law of the seat of the arbitral tribunal ( lex arbitrii ) or the place of enforcement of the award ( lex executionis ).1 In a recent article, Jan Paulsson traced the murky trail of incoherent court decisions and concluded that the source of such inconsistency lies in the New York Convention itself, in particular the Convention's propensity to favour the application of the law of the forum to the issue of arbitrability.2 The author thus suggested adopting a protocol to the New York Convention or a set of guidelines for its interpretation,3 according to which, ‘for the purposes of Articles II and V(l)(a), an arbitration agreement shall be considered effective in causu unless … the agreement is invalid under both: (a) the law chosen by the parties to govern their agreement, and (b) the law of the country where the place of arbitration is located, …’, while allowing for a restrictive application of the forum's standards under Article V(2)(a).4 This proposal, however, was regarded by Gerold Herrmann as ‘thought-provoking and potentially objection-provoking’, and …

Abstract: The Bolshevik leadership had reason to expect that their first trial of a political opponent would be a success. The defendant was a wealthy aristocrat, a member of the Central Committee of the outlawed Constitutional Democratic (Kadet) party, and a vice minister in the Provisional Government. The unambiguous charge against her-taking and concealing government funds from the former Ministry of Education-would clearly demonstrate the moral bankruptcy of liberal leaders and further discredit the former government. A public trial would introduce the Bolsheviks' new instrument of revolutionary justice-the Revolutionary Tribunal of the Petrograd Soviet, created in late November 1917 and composed of ordinary workers and soldiers in conscious imitation of the French Revolution. From the perspective of her accusers, the likely guilty verdict against Countess Sofia Panina would show the world the superiority of Bolshevik justice and morality, and the legitimacy of their seizure of power. To the Kadets, the trial of a woman widely respected for her progressive philanthropy held equally great significance as an event that would demonstrate the illegitimacy of Bolshevik rule and their violation of the most fundamental norms of justice. The actual proceedings that took place on 10 December 1917 yielded no unequivocal triumphs, however. The trial took several surprising turns, and its ambiguous outcome enabled both supporters and opponents of the defendant to declare victory and draw different lessons. Attracting national and international attention at the time, the trial is often mentioned briefly in histories of the Revolution.1 It has received somewhat more attention

Abstract: The Series Annotated Leading Cases of International Criminal Tribunals provides the reader with the full text of the most important decisions, including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions.An index is included. The editors of the Series have gathered the most important case law of the International Criminal Tribunals. The added value of the series is that the selected cases are not only shown in their full format but are also summarised and annotated by leading academics in the field of international criminal law. The series Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR and other forms of international criminal adjudication. Contributors: Tom Vander Beken, Steven Freeland, Terry Gill, Ivo Josipovic, Andr Klip, Mark Mackarel, Paul Mevis, Gerard Mols, William Schabas, G ran Sluiter, Mappie Veldt, Harm van der Wilt and Bruce Zagaris

Abstract: For most of this century Australian industrial relations has been regarded as distinctive because of the prominent role performed by industrial tribunals in regulating disputes between the parties. The role of the mainstream federal tribunal was possibly at its zenith in the period 1983 to 1990, in implementing and policing an ‘orderly system’ of industrial relations regulation. By the latter part of the 1990s the role of this tribunal had substantially diminished. The Australian Industrial Relations Commission had come under increasing attack in the early 1990s over its failure to endorse a move to a new system of regulation known as enterprise bargaining. Both the Australian Labor Party and the Howard coalition government, after its election in March 1996, introduced legislation to reduce the Commission’s ability to perform its traditional functions. The paper draws on theories of regulation, in particular the insights of Joskow and Wilson, to explain the slippage and increasing decline in the role of t...

Abstract: The Southern Bluefin Tuna (Jurisdiction and Admissihilily) Award of 4 August 2000 marked the first instance of the application of compulsory arbitration under Part XV, Section 2 of the 1982 UN Law of the Sea Convention and of the exercise by the Annex VII Tribunal of la competence de la competence pursuant to Article 288(4) over the merits of the instant dispute. The 72-paragraph Award is a decision of pronounced procedural complexity and significant multifaceted impacts of which appreciation requires an in-depth acquaintance with procedural issues of peaceful settlement of disputes in general and the-law-of-the-sea-related disputes in particular. Therefore, the article surveys first the establishment of and the course of proceedings before the five-member Annex VII Arbitral Tribunal, presided over by the immediate former ICJ President, Judge Stephen M. Schwebel, and also comprising Judges Keith, Yamada. Feliciano and Tresselt. Subsequently, the wide range of specific paramount questions and answers of the Tribunal are scrutinised against the background of arguments advanced by the applicants (Australia and New Zealand) and the respondent (Japan) during both written and oral pleadings, including in reliance on the extensive ICJ jurisprudence and treaty practice concerned. On this basis, the article turns to an appraisal of the impacts of the Arbitral Tribunal's paramount holdings and its resultant dismissal of jurisdiction with the scrupulous regard for the fundamental principle of consensuality. Amongst such direct impacts as between the parties to the instant case, the inducements provided by the Award to reach a successful settlement in the future are of particular importance. The Award's indirect impacts concern exposition of the paramount doctrine of parallelism between the umbrella UN Convention and many compatible (fisheries, environmental and other) treaties, as well as of multifaceted, both substantial and procedural effects of that parallelism. All those contributions will importantly guide other courts and tribunals seised in the future under the Convention's Part XV, Section 2.

Abstract: The purpose of this article is to analyse developments in the Rules of Procedure and Evidence of the International Criminal Tribunal for the Former Yugoslavia (ICTY) In a recent article, I discussed how the Rules of Procedure and Evidence of the ICTY amount to the first coherent body of principles governing the prosecution of violations of international humanitarian law The ICTY, preoccupied as it is by the need to expedite proceedings, has developed and changed its Rules, and has interpreted these Rules, in such a way as to give it the utmost freedom and flexibility to admit and assess evidence submitted by parties before it The ICTY has also amended procedures to enable it to accept evidence in a form normally not permitted in adversarial criminal law jurisdictions This article will first examine the primary principle applied by the ICTY in dealing with the admissibility and use of evidence before it This principle is not necessarily manifest on the surface of the Rules and requires an understanding of what motivation lies behind the institution’s frequent amendment of the Rules It will then analyse the relevant amendments made to the Rules since completion of my last article that are informed by this principle In doing so, it will be apparent that the need to expedite trials is not a motivation born only of the right of an accused person to a fair and expeditious trial, but also of the political pressures under which the International Tribunal operates It will examine recent jurisprudence applying the Rules of the ICTY which clarify judicial thinking behind the development and amendments to the Rules and give some insight into their interpretation Finally, it will examine some of the rules of procedure and evidence of the International Criminal Court and make some comparisons with the experience of the ICTY

Abstract: Introduction. Public Inquiries into Residential Abuse of Children. 1. Setting the Context -A Brief History of Residential Care for Children. 2. Children, Society and Child Abuse. 3. Public Policy, Public Inquiries and Public Concern. 4. Inquiries into the Abuse of Children in the Community. 5. Institutional Abuse and Public Inquiries in the late 1980s and 1990s. 6. The Events Leading up to the North Wales Tribunal of Inquiry into Child Abuse. 7. The North Wales Tribunal of Inquiry - Issues of Process. 8. The North Wales Tribunal - Outcomes. 9. The Impact of Public Inquiries on Residential Care Now. 10. The Future of Inquiries into Residential Abuse. Appendix 1. A Table of Public Inquiries into Child Abuse from 1945 to present day. Appendix 2. Chronolgy of Events Leading up to Announcement of Tribunal of Inquiry. References. Index.

Abstract: The new Mental Health Act for England and Wales is likely to extend the powers of mental health review tribunals (MHRTs) by giving tribunals the power to approve all compulsory treatment (Department of Health, 1999a, b). The medical member may be dropped entirely from the tribunal's proceedings (Richardson & Machin, 2000). In Ireland, a proposed new Mental Health Act will introduce MHRTs for the first time (Calvert, 2000). The 1983 Mental Health Act contains no explicit statement of underlying principles, although some were introduced in the revised Code of Practice. The Expert Committee (Department of Health, 1999b) suggested that the new Act should specify broad principles where these would help in statutory interpretation, particularly because a range of practitioners working in different settings will be required to understand and implement its provisions. The Green Paper initially suggested that the proper place for setting out principles should be a Code of Practice, but ended by inviting comments on the principles proposed by the Expert Committee, and on whether inclusion of principles would aid interpretation of the new Act.