5 septembre 2018

OUVRAGE : M.M. deGuzman, D.M. Amann (eds.), Arcs of Global Justice. Essays in Honour of William A. Schabas

Margaret M. deGUZMAN, Diane Marie AMANN

Martin Luther King, Jr. once said "the arc of the moral universe is long, but it bends toward justice." Testing the optimism of that claim were the many fits and starts in the struggle for human rights that King helped to catalyze. The same is true of other events in the last half-century, from resistance to apartheid and genocide to equal and fair treatment in domestic criminal justice systems, to the formation of entities to prevent atrocities and to bring their perpetrators to justice. Within this display of myriad arcs may be found the many persons who helped shape this half-century of global justice-and prominent among them is William A. Schabas. His panoramic scholarship includes dozens of books and hundreds of articles, and he also has served as an influential policymaker, advocate, and mentor.

This work honours William A. Schabas and his career with essays by luminary scholars and jurists from Africa, Asia, Europe, and the Americas. The essays examine contemporary, historical, cultural, and theoretical aspects of the many arcs of global justice with which Professor Schabas has engaged, in fields including public international law, human rights, transitional justice, international criminal law, and capital punishment.


TABLE OF CONTENTS

Contributors

Foreword by Diane Marie Amann and Margaret M. deGuzman

INTRODUCTION
Roger S. Clark, William Schabas: Portrait of a Scholar/Activist Extraordinaire
I. HUMAN RIGHTS
Chapter 1: M. Cherif Bassiouni, Human Rights and International Criminal Justice in the Twenty First Century: The End of the Post-WWII Phase and the Beginning of an Uncertain New Era
Chapter 2: Thomas A. Cromwell and Bruno Gélinas-Faucher, William Schabas, the Canadian Charter of Rights and Freedoms and International Human Rights Law
Chapter 3: Emmanuel Decaux, The International Convention on the Protection of All Persons from Enforced Disappearance, as a Victim-Oriented Treaty
Chapter 4: Kathleen Cavanaugh, Joshua Castellino, The Politics of Sectarianism and its Reflection in Questions of International Law & State Formation in The Middle East
II. CAPITAL PUNISHMENT
Chapter 5: Sandra L. Babcock, International Law and the Death Penalty: A Toothless Tiger, or a Meaningful Force for Change?
Chapter 6: Marc Bossuyt, The UN Optional Protocol on the Abolition of the Death Penalty
Chapter 7: Christof Heyns, Thomas Probert, Tess Borden, The Right to Life and the Progressive Abolition of the Death Penalty
Chapter 8: Zhao Bingzhi, Progress and Trend of the Reform of the Death Penalty in China
III. INTERNATIONAL CRIMINAL LAW
Chapter 9: Margaret M. deGuzman, Criminal Law Philosophy in William Schabas' Scholarship
Chapter 10: Frédéric Mégret, Is the ICC Focusing too Much on Non-State Actors?
Chapter 11: Shane Darcy, The Principle of Legality at the Crossroads of Human Rights and International Criminal Law
Chapter 12: Alain Pellet, Revisiting the Sources of Applicable Law Before the ICC
Chapter 13: Mireille Delmas-Marty, The ICC as a Work in Progress, for a World in Process
Chapter 14: Carsten Stahn, Legacy in International Criminal Justice
Chapter 15: Andrew Clapham, Paola Gaeta, Torture by Private Actors and 'Gold Plating' the Offence in National Law: An Exchange of Emails in Honour of William Schabas
IV. GENOCIDE AND CRIMES AGAINST HUMANITY
Chapter 16: Hirad Abtahi, Philippa Webb, Secrets and Surprises in the Travaux Préparatoires of the Genocide Convention
Chapter 17: Jérémie Gilbert, Perspectives on Cultural Genocide: From Criminal Law to Cultural Diversity
Chapter 18: Beth Van Schaack, Crimes Against Humanity: Repairing Title 18's Blind Spots
Chapter 19: Leila Nadya Sadat, A New Global Treaty on Crimes Against Humanity: Future Prospects
V. TRANSITIONAL JUSTICE AND ATROCITY PREVENTION
Chapter 20: Mark A. Drumbl, Justice Outside of Criminal Courtrooms and Jailhouses
Chapter 21: Charles Chernor Jalloh, Toward Greater Synergy between Courts and Truth Commissions in Post-Conflict Contexts: Lessons from Sierra Leone
Chapter 22: Geoffrey Nice, Nevenka Tromp, International Criminal Tribunals and Cooperation with States: Serbia and the provision of evidence for the Slobodan Milosevic Trial at the ICTY
Chapter 23: Mary Ellen O'Connell, The Arc toward Justice and Peace
Chapter 24: Adama Dieng, The Maintenance of International Peace and Security through Prevention of Atrocity Crimes: The Question of Co-operation between the UN and regional Arrangements
VI. JUSTICE IN CULTURE AND PRACTICE
Chapter 25: Emma Sandon, Law and Film: Curating Rights Cinema
Chapter 26: Wayne Jordash, The Role of Advocates in Developing International Law
Chapter 27: Diane Marie Amann, Bill the Blogger
Index


Margaret M. DeGUZMAN, Diane Marie AMANN (eds.), Arcs of Global Justice Essays in Honour of William A. Schabas, Oxford, Oxford University Press, 2018 (592 pp.)

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