The Extraterritorial Scope of the Right to Punish

Chehtman, Alejandro

doi:10.1007/s10982-009-9058-x

Cited by 4 publications

(3 citation statements)

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“…In alphabetical order, the ten articles from law were: Addo ; Austin ; Braman, Kahan, and Hoffman ; Bray ; Chehtman ; Georgosouli ; Marino, Matsusaka, and Zábojník ; Roberts and Saunders ; Schragger ; Van den Steen . Although none of these articles mentions philosophy as a subject area, some draw on literature familiar to philosophers, and certain of the uses are similar.…”

Section: Studiesmentioning

confidence: 99%

How Distinctive Is Philosophers’ Intuition Talk?

Andow

2015

Metaphilosophy

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Abstract:The word "intuition" is one frequently used in philosophy. It is often assumed that the way in which philosophers use the word, and others like it, is very distinctive. This claim has been subjected to little empirical scrutiny, however. This article presents the first steps in a qualitative analysis of the use of intuition talk in the academy. It presents the findings of two preliminary empirical studies. The first study examines the use of intuition talk in spoken academic English. The second examines the use of intuition talk in written academic English. It considers what these studies tell us about the distinctiveness of philosophical language and methods and considers some implications for evaluative and ameliorative methodology.

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Section: Studiesmentioning

confidence: 99%

How Distinctive Is Philosophers’ Intuition Talk?

Andow

2015

Metaphilosophy

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“…Where the contribution of international criminal courts to the initiation and execution of domestic reforms is perhaps more palpable is in those situations in which domestic legal systems may have felt the need to respond urgently to the prospect of judicial intervention by an international court (such as in the case of Colombia), or where legal reforms were introduced with a view to facilitating specific forms of cooperation between domestic and international criminal courts (as in the case of the transfer of cases to Rwanda and the Balkans pursuant to rule 11 bis). 48 Hence, the desire to fend off future ICC prosecutions may have contributed to the passage of the Justice and Peace Law in Colombia 49 as well as to the establishment of a special war crimes court in Uganda. Similarly, one can perhaps explain certain institutional and legal reforms that took place in Sudan after the commencement of ICC proceedings against some of that country's leaders by reference to its interest in contesting the admissibility of the ICC proceedings on the basis of complementarity 50 (non-governmental organisations (NGOs) have claimed, however, that domestic proceedings in Sudan are not genuine in nature).…”

Section: Institutional and Legal Reformsmentioning

confidence: 99%

How Can International Criminal Courts Have a Greater Impact on National Criminal Proceedings? Lessons from the First Two Decades of International Criminal Justice in Operation

Shany

2013

Isr. law rev.

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International actors and observers have afforded greater attention in recent years to the role of national courts in bringing to justice perpetrators of international crimes. Not only are national courts typically less expensive to operate than international courts, they also enjoy at times more legitimacy in the eyes of local constituencies than their international counterparts. They can also reach deeper into society and cast a wider net than international criminal courts. Indeed, there is an increased tendency to view international criminal courts as mechanisms primarily designed to support and complement the work of national criminal procedures, and to pay closer attention to the interaction between the two sets of judicial institutions. It is against this background that the Project on Studying the Impact of International Courts in Domestic Criminal Procedures in Mass Atrocity Cases (the DOMAC project) has sought to draw lessons from the experience accumulated by the interactions that took place between national and international courts in the two decades that have passed since the establishment of the International Criminal Tribunal for the former Yugoslavia. This was done in the hope that such lessons may guide such interactions in the future. Indeed, DOMAC reports have looked into interactions relating to specific legal aspects (applicable laws, prosecution rates, sentencing policies and capacity development) and/or at specific geographical regions (for example, the Balkans, Africa, Latin America, East Timor) and provide many interesting stories of success and failure, from which valuable lessons can be learned. The purpose of this article is to offer, on the basis of the said DOMAC reports, some general observations on the impact of international courts on domestic criminal processes (in the aftermath of mass atrocity situations), and to discuss the structural deficiencies that may have led until now to sub-optimal levels of cooperation and division of labour between international and national criminal procedures. On the basis of these critical observations, a number of general recommendations for future policy planners will be considered. The article first describes some of the main impacts of international courts on domestic courts handling mass atrocity cases. It then discusses four overarching problems, which may have hampered such interactions: the lack of a comprehensive legal response to mass atrocities, inadequate allocation of resources, the absence of ultimate responsibility over the international response, and legitimacy deficits. The concluding section sketches a number of proposals based on the discussion in the two immediately preceding sections.

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“…3(5)). Chehtman () challenges the normative justifiability of passive personality jurisdiction but finds a more convincing case in defending the protective principle.…”

mentioning

confidence: 99%

The Subjects of Collectively Binding Decisions: Democratic Inclusion and Extraterritorial Law

Beckman

2014

Ratio Juris

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Citizenship and residency are basic conditions for political inclusion in a democracy. However, if democracy is premised on the inclusion of everyone subject to collectively binding decisions, the relevance of either citizenship or residency for recognition as a member of the polity is uncertain. The aim of this paper is to specify the conditions for being subject to collective decisions in the sense relevant to democratic theory. Three conceptions of what it means to be subject to collectively binding decisions are identified and examined, referring to those subject to legal duties and legal powers or to those subject to legal duties and state institutions. The contrast between them is most clearly illustrated in relation to non‐residents, those not present in the territory of the state. The extraterritorial dimension of the law thus highlights a fundamental ambiguity in the theory of democracy concerning the extension of political rights.

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The Extraterritorial Scope of the Right to Punish

Cited by 4 publications

References 0 publications

How Distinctive Is Philosophers’ Intuition Talk?

How Distinctive Is Philosophers’ Intuition Talk?

How Can International Criminal Courts Have a Greater Impact on National Criminal Proceedings? Lessons from the First Two Decades of International Criminal Justice in Operation

The Subjects of Collectively Binding Decisions: Democratic Inclusion and Extraterritorial Law

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