Showing posts with label special issue. Show all posts
Showing posts with label special issue. Show all posts

Friday, January 28, 2022

Symposium Introduction: Conversations with Justices Aharon Barak, Sabino Cassese, and Dieter Grimm (German LJ)

"Introduction: Conversations with Justices Aharon Barak, Sabino Cassese, and Dieter Grimm"
Alec Stone Sweet and Giacinto della Cananea
German Law Journal (2021), 22, pp. 1511-
In the symposium that follows, we present interviews with three of the most important jurists of our time: Aharon Barak (born in 1936), President of the Israel Supreme Court (1995-2006); Sabino Cassese (born in 1935), Justice of the Italian Constitutional Court (2005-2014); and Dieter Grimm (born in 1937), Justice of the German Federal Constitutional Court (1987 to 1999). As a group, each is a contemporary, and they know each other well, not least, as long-time participants of the Global Constitutional Seminar that takes place annually at the Yale Law School. Readers of the German Law Journal will also know that each has been an influential law professor, and made important contributions to government and public commissions. The Justices have served academia in numerous capacities, as authors of books and articles of enormous importance, administrators of major research institutions, and as mentors of generations of law students and young professors. While the interviews make no attempt to cover all matters of importance, or to produce a set of congruent, “parallel” conversations, certain common themes emerge. These include reflections on changes in legal education and mentorship, the status of European and international law in domestic constitutional law, the significance of the constitution and general principles, and the role of dialogues with external courts. In addition, each has published highly personal books on judging, and on constitutional law and courts. Finally, today there are many prominent women who have served on national, European, and international courts, and we hope these interviews will spur further conversations on a wide range of careers and experiences.

Sunday, July 11, 2021

"On the Rohingya and the Andaman Sea Crisis: Six Years On" (Special Issue of the Asia-Pacific Journal on Human Rights and the Law)

                    ASIA-PACIFIC JOURNAL ON HUMAN RIGHTS AND THE LAW

Editors-in-Chief: Simon NM Young and Kelley Loper
Publisher: Brill, Leiden

Pages: 1-7
As this special issue goes to print, a boat believed to be carrying 81 stateless Rohingya refugees – including 23 children – is floating off the coast of India. It left Cox’s Bazar in southern Bangladesh on 11 February 2021 destined for Malaysia, but quickly suffered an engine failure and was left adrift in the Andaman Sea. The United Nations issued an urgent call for nearby governments to find and rescue the vessel which was eventually detected by the Indian coastguard two weeks after setting out on its ill-fated journey. There were eight dead on board, and the surviving passengers were reported to be suffering from starvation, extreme dehydration and illness. Their plight did not end with this ‘rescue’, however. India provided food, water and medical supplies and repaired the boat, but refused to permit its entry to Indian waters or allow its passengers to disembark. India has claimed the Rohingya should return to Bangladesh, while Bangladesh argues they should be accepted by India or returned to Myanmar, from where they fled persecution.


The Peril and Potential of Ambiguity: How National Laws and Policies Can Strengthen and Protect the Rights of Rohingya Refugees
By: Sumaiya Islam, Coline Schupfer, Zaid Hydari, Alexandra Zetes, and Kevin Cole
Pages: 8-27


Rights Adrift: Sexual Violence Against Rohingya Women on the Andaman Sea
By: Natasha Yacoub, Nikola Errington, Wai Wai Nu, and Alexandra Robinson
Pages: 96-114

Thursday, June 11, 2020

"On Street Protests and Human Rights" (Special Issue of the Asia-Pacific Journal on Human Rights and the Law)

Editors-in-Chief: Simon NM Young and Kelley Loper
Publisher: Brill, Leiden

Table of Contents

As 2019 came to an end, many labelled it ‘the year of street protest’. One estimate counted 71,790 protest events around the world in 2019, compared to 35,707 in 2018 and 23,990 in 2017. Rachman could see no ‘convincing global explanation’ for the 2019 protests, but they were obviously ‘connected’ in terms of ‘inspiring emulation’ and ‘shared tactics’. The bbc identified several common themes: inequality, corruption, political freedom, and climate change. Wright noted that ‘virtually all protests worldwide quickly escalated, and began issuing ultimatums for their governments to embrace sweeping changes – or to move aside’. Social media has been a ‘powerful organising tool everywhere’. It was assumed protests would continue unabated into 2020, but then the coronavirus pandemic struck. With global lockdowns and other social distancing measures, the first four months of 2020 have seen a substantial decrease in street protests worldwide. Governmental responses to prevent the spread of Covid-19 have severely restricted public gatherings and assemblies, not to mention other rights and freedoms. For example, in Hong Kong, gatherings of more than four persons in a public place were criminalised on 29 March 2020, punishable by up to 6 months imprisonment or a fine of HK$25,000. While these extraordinary measures are aimed at flattening the curve of new infections, there are growing concerns some governments are using these emergency powers for repressive ends, a situation that may possibly continue even after the pandemic has been contained... Click here to read the full Introduction.

To Facilitate and Protect: State Obligations and the Right of Peaceful Assembly in International Human Rights Law
By: Michael Hamilton
Pages: 5–34

The Democracy Dichotomy: Framing the Hong Kong 2019 Street Protests as Legitimacy Counterclaims against an Incoherent Constitutional Morality
By: James Greenwood-Reeves
Pages: 35–62

‘It was you who taught me that peaceful marches did not work’, Uncivil Disobedience and the Hong Kong Protests: Justification, Duty and Resistance
By: Jane Richards
Pages: 63–97

Implications of Easter Island Protests – Breach of Rapa Nui Rights by Chile in the Context of National, American and Universal Legal Systems
By: Joanna Siekiera
Pages: 98–120

The Law and Policy of Police and Prosecutorial Control of Detention in China
By: Kuibin Zhu and David M Siegel
Pages: 121–137

Thursday, July 12, 2018

Special Symposium Issue on "Decentralization and Development" in Minnesota Law Review Co-Edited by Qiao & Epstein


The current issue of the Minnesota Law Review, issue 4 of volume 102, publishes papers from a special symposium on decentralisation and development held at the Faculty of Law, The University of Hong Kong on 14-15 March 2017. It is co-edited by Shitong Qiao (HKU Law) and Richard Epstein (NYU Law).  A group of Asian and American scholars working in the areas of law, economics, and political science debated and discussed questions including what does decentralisation mean, how do we best measure decentralisation, is interjurisdictional competition a race to the bottom or a race to the top, is decentralization desirable in the context of China and other jurisdictions and so on.  The symposium was co-sponsored by New York University's Classical Liberal Institute and HKU's Centre for Chinese Law.  In addition to co-authoring the introduction with Professor Epstein, Dr Qiao also authored "Rights-Weakening Federalism" and co-authored "Binding Leviathan: Credible Commitment in an Authoritarian Regime" in this special issue.  All articles are freely accessible here.