Fairness Of Proceedings Research Articles

Context Matters

Abstract In seven trials to date, the International Criminal Court (ICC) has relied on the expertise of historians, anthropologists and political scientists to provide historical and political context. Overview expert witnesses help the judges appreciate the evidence of charged crimes in a wider context of conflict and violence. In this article, I consider the fundamental purpose and factors militating in favour of engaging an overview expert. In addition, I first review and then reflect on the current use of overview expert evidence — as a subset of expert evidence — in ICC trials, to better understand its legal and practical utility in international crimes cases. I focus on four aspects: relevance in criminal proceedings, timing of engaging an expert, selection of experts and impact on the fairness of proceedings.

Conflicts and Tentative Solutions to Protecting Personal Data in Investment Arbitration

Abstract Personal data protection in investment arbitration is increasingly important as more and more countries enact mandatory personal data protection laws and the COVID-19 pandemic makes online hearings the new normal. Tribunals have to consider critical, yet unresolved, normative questions, such as (i) how data protection laws would influence the trend towards transparency in investment arbitrations brought pursuant to modern investment treaties; (ii) whether a party can invoke a data protection law to reject access to fundamental documents and completely shift the power in an arbitration proceeding; (iii) whether it is good to have multiple data protection laws directly applicable in an investment arbitration; and (iv) whether the so-called Brussels Effect may take hold of investment arbitration. These questions directly address the alleged legitimacy crisis of investment arbitration (for example, procedural transparency and efficiency) in the digital era. They also have a critical impact on the fairness of proceedings and are closely related to the protection of fundamental human rights and the concern of digital surveillance. This article comprehensively maps the consensual and mandatory applications of data protection laws in investment arbitration. Adopting comparative-law and conflict-of-laws methodologies, it intends to provide tentative solutions to the four questions mentioned above.

Historical aspects of development of the institution of legal assistance between states in criminal matters in the Republic of Azerbaijan

The subject of this research is the historical-legal grounds of rendering mutual legal assistance in the Republic of Azerbaijan. Research methodology is comprised of formal-legal, comparative-legal, and historical-legal methods. Normative framework is formed by the Constitution, provisions of the criminal procedure legislation and laws, international acts acceded by the Republic of Azerbaijan, which regulate mutual legal assistance issues. Objective: to develop proposals for improving the Institute of mutual legal Assistance. assistance in criminal matters based on the historical experience in this field. The research results are as follows: mutual legal assistance has evolved from elementary extradition of fugitive serfs, one-time provision of diplomatic assistance to institutionalized legal assistance based on multilateral and bilateral agreements; from the absence of  legislative framework to codification; from inclusion of separate norms on certain aspects of the agreement on friendly relations, peace, cooperation or even submission to conclusion of special bilateral agreements. The acquired results can be implemented in intergovernmental relations regulation of rendering mutual legal assistance in criminal matters. The novelty of this research consists in consideration of legal assistance based on the historical-normative acts of the Republic of Azerbaijan. The following conclusions were made: in some historical periods, legal assistance included such institutions as the presence of state representative of the accused in administration of justice against a foreigner, unconditional extradition of criminals who committed grave crime, stiff punishment of those reluctant to peace, elimination from jurisdiction of certain criminals, transfer of prosecution, etc. can still be currently used to regulate or improve the institution of legal assistance in criminal matters, including reasonable terms for submitting court requests. For example, a reasonable term for criminal proceedings is one of the guarantees of effective legal proceedings, the violation of which also entails an infringement of such a fundamental right to fairness of proceedings.

Analiza metodyki postępowania w procesach rekrutacji pracowników naukowych

The purpose of this article is to present a multifaceted analysis concerning methodology proceedin-gs in recruitment procedures for researchers. Theoretical considerations are complemented by concusions of an empirical study. The role of scientificinstitutions and values applicable in the scientificcommunity in light of popularized theories are analyzed first.Additionally, reference is made to the principles enshrined in the code of ethics of Poland’s National Research and Development Centre.Then are discussed recommended patterns of conduct which have been recorded in the European Charter for Researchers and the Code of Conduct for the Recruitment of Researchers, paying particu-lar attention to issues relating to openness and fairness of proceedings and equal treatment.The next part of the work discusses legal regulations applicable to the employment of academics at Polish universities. It looks closely into the differences that apply to employees at public and private universities, which can be considered from the point of view of legal provisions relating to the prin-ciple of equal treatment enshrined in the Constitution of the Republic of Poland.The subsequent part of study is devoted to the conclusions of an empirical study covering the compe-tition proceedings relating to the employment of academic staff at public universities. The methodo-logy of the examination procedure is thoroughly explained and interim research questions concerning the specific issues and problems closely related to the analyzed subject are presented

Sports in the Case-Law of the European Court of Human Rights

Sport has been an object of interest of international law on several occasions. It has also been a point of interest of regional human rights protection, for example within the legal system of Council of Europe. Recently, the European Court of Human Rights has developed its case-law concerning sport-related issues, such as football supporters related violence and prevention of events of hooliganism, anti-doping related issues or fairness of proceedings before The Court of Arbitration for Sport (CAS) in Lausanne or the protection of professional athletes’ rights in the context of anti-doping requirements. The article focuses on the ECtHR case-law relating to sport within the meaning of the right to life (art. 2 of the ECHR), prohibition of torture of inhuman or degrading treatment or punishment (art. 3 of the ECHR), right to liberty and security (art.5 of the ECHR), right to a fair trial (art.6 of the ECHR) or right to protection of private and family life (art.8 of the ECHR).

Fitness to be interviewed assessments: are specialist trainees fit enough?

Aims and methodThe law allows courts to exclude evidence from police interviews if it is obtained unfairly or would have an adverse effect on the fairness of proceedings. The assessment of a detainee's fitness to be interviewed is therefore of paramount importance. We surveyed 70 psychiatrists in higher training within the Yorkshire and Humber Deanery to ascertain their current understanding of this clinically important task. The psychiatrists' level of training received and awareness of local employee guidance in relation to their responsibilities in this field was investigated. We then piloted an interactive teaching session aimed at improving knowledge in this area and gained feedback from attending higher trainees.ResultsThere was a 64% response rate to the survey before implementation of the teaching session. The survey found that half of all respondents had been asked to carry out a fitness to be interviewed assessment at some point in their higher training. Only a third of the respondents had attended formal teaching in this area, and only a fifth were aware of local employee guidance. All the trainees who attended the pilot teaching session felt it was beneficial to their future clinical practice.Clinical implicationsIt is imperative that all the higher training schemes in the country incorporate training in this field to help satisfy the Royal College of Psychiatrists' intended specialist trainee learning outcomes and, more significantly, to avoid potential miscarriages of justice.

How protected is she? “Fairness” and the rape victim witness in Australia

Synopsis How do principles or notions concerning fairness of proceedings tend to play out in Australian rape trials? We look at two types of legislative provisions pertaining to evidence in chief and cross-examination that have been altered in the last three decades in Australia. They were enacted to eliminate or minimise questions about the victim's sexual history and/or reputation, alter what is considered proper questioning and provide procedures to better protect victim witnesses' rights to safety. We examine what appear to be the limitations of law reform to mitigate the trauma of the trial for victims, to produce more accurate and consistent evidence and to increase prosecution and conviction rates. The implications of reducing judicial discretion in this context are also considered.

Representing the "General Interests of the Defence": Boon or Bane? – A Stocktaking of the System of ad hoc Counsel at the ICC

AbstractThis article seeks to assess the impact of the system of ad hoc counsel on the fairness of proceedings before the International Criminal Court. The authors begin by outlining the legal framework governing the appointment of ad hoc counsel, and then consider in greater detail the various investigative and pre-trial stages in which ad hoc counsel have been appointed. The authors further seek to identify the various issues which have arisen as a result of individual ad hoc counsel's conduct before the Court. Finally, they consider what impact the system of ad hoc counsel can have upon the fairness of subsequent trial proceedings, and what future developments in the system could promote the fairness of the overall proceedings before the Court.

Les collections de ressources biologiques humaines pour la recherche : de la réglementation à la mise en place d’un guide de bonnes pratiques du collectionneur

Purpose. – In France, collections of human biological resources are regulated by the “Bioethics Law”, currently in revision. Hence, we analyse the regulatory and ethical issues of these practices in the context of scientific research. The ultimate aim of such collections is to improve biological and medical knowledge. Current knowledge and key points. – We think that the French regulatory system is quite complicated and non-explicit for “collection holders”. The multiplicity of legal texts concerning this activity has made their application difficult, especially in the absence of application decrees. The project amending the actual law has clarified the legal status of collections but it did not shed light on the status of human body detached parts. Furthermore, the text is still very far from the international bioethical recommendations, and does not reflect the actual collection’s implementation. Future prospects and projects. – The establishment of a guideline of Good Collection Practices, based on clear principles, should help to simplify the situation, especially when it is imbedded in the regulation and linked to control procedures. It would allow a balance between collective interests and the protection of individuals, taking into account of the international highly competitive scientific and economical constraints. The major issue is to preserve and to perpetuate the existing and future collections because of their precious value as an important tool for biomedical knowledge. The efficiency of a regulation depends on its legibility and accessibility, two requirements that seem to determine the acceptance of the regulatory tool and its application allowing subsequently to reach fairness in proceedings.