RSS FeedProsecuting Khmer Riuge in Cambodia
Part of the International Conflicts series
Patricia Marchak: Extraordinary Chambers in the Courts of Cambodia (ECCC) to Prosecute Crimes Committed by the Khmer Riuge (KR) During Democratic Kampuchea (DK)
Patricia Marchack commented on how the Khmer Rouge killed about 1/3 of the population in Cambodia in 1975-79.
She explained how devastated such countries are after these kinds of conflicts, and how difficult they are to rebuild, especially the police forces and court system.
What complicates it further is that the politicians often overlap with the entities targeted by redress initiatives. Nor do tribunals fully reflect the complexities of the populations they serve.
There are challenges in training Cambodian lawyers, because they do not want to be influenced by outsiders and their perspectives of international law.
To avoid these complexities, some experts recommend a completely independent international tribunal.
Limits to Sovereignty in Bosna & Herzegovina
Part of the International Conflicts series
Valery Perry: Limits to Sovereignty in Statebuilding & Post-War Transition: Bosnia and Herzegovina’s Case of Managed Democracy
Valery Perry has lived and worked in Bosnia-Herzegovina since 1999 and spoke of her experiences and personal insights into the region.
Many Serbs understood the ICJ ruling to indicate that they were not guilty of genocide, which has hampered reform efforts and has provided backing for the separation of Republika Srpska.
The implications of the Dayton Accord are that many of the same entities in the war are still fighting, but now it is just politically, especially over power sharing. Conflicts occur over following the letter vs. the spirit of the law.
She questioned the assumption that democracy automatically leads to stability, because the politicians themselves are not always interested in power sharing. Soon after the conflict, many of the ethnic leaders themselves were running for office.
And although politicians are expected to honour the Dayton, they are elected to represent the national agenda of specific ethnic groups. With the 10 year review of Dayton coinciding with elections many politicians have returned to ethnic rhetoric, and voting continues to be based on ethnicity.
She concluded by saying that you cannot have mass atrocities without mass complicity, and this only occurs when violence is normalized.
Bosnia v. Serbia – Transitional Justice
Part of the International Conflicts series
Mark Drumbl: Bosnia v. Serbia Litigation: What it Means for Transitional Justice
Mark Drumbl, of the Washington and Lee University School of Law, discussed transitional justice in the former Yugoslavia.
Although Nuremberg effectively prosecuted individuals for their crimes, the notion of collective liability was first established with the Yugoslavian case and could potentially be used as an effective tool of justice.
The Feb. 26, 2007 ruling of Bosnia and Herzegovina v. Serbia and Montenegro
But it also concluded that Serbia as a state:
- was not directly responsible for the genocide as a whole
- was responsible for not preventing events such as Srebenica
- had breached the genocide convention by failing to fully cooperate
Serbian leaders “should have made the best effort within their power to try and prevent the tragic events then taking shape.”
This was the first time a state had been held in breach of the Genocide Convention. However, the remedy was only through this declaration, and there was no imposition of financial damages.
BH agent, Sakib Softic, is recorded as saying both parties,
should accept the judgment in its entirety, and not only in parts favorable to them.
Although the approach was innovative, it left all parties slightly satisfied, and nobody fully satisfied. There is talk of accomplishing a lawyers’ justice, and not a people’s justice, especially with the lack of financial compensation.
Drumbl has a new book available that discusses these issues in more depth.
Canada Law Student Writing Awards
The 2007 Law Student Writing Awards recently announced the winners.
About the Awards
The purpose of the competition, sponsored by the Insolvency Institute of Canada (IIC),
is to stimulate interest among law students in the research and development of papers based on corporate insolvency and restructuring topics and to recognize outstanding achievement in this endeavour.
The prizes for first, second and third place are $5,000, $3,000 and $1,500, respectively.
First prize also gets all paid trip to the IIC conference in October in Napa Valley, California.
Contestants submitted a 3,000 word paper on structuring in an insolvency.
The judging panel is chaired by The Honourable James Farley of McCarthy Tetrault, and formerly of the Ontario Superior Court of Justice.
2007 Winners
First prize was awarded to Marie Bruchet of the University of Western Ontario for “Director Removal and the CCAA,” which proposed amendments to the Companies’ Creditors Arrangement Act (CCAA).
Second prize was awarded to James Mangan, also of the University of Western Ontario, for “What Is ‘Deepening Insolvency’ and Should It Come to Canada?”.
Congratulations to you both.
2 skills and 6 kinds of info
2 Skills for each Subject
We previously described the typical courses in a first-year law program.
The types of skills needed for each subject are:
- Acquisition of information
- Developing analytical skill
Stephen Coughlan of Dalhousie Law explains,
I try to develop the idea that they are not simply learning a bunch of facts… I aim to equip them with the tools to analyze further problems as they encounter them. Ideally it should also give them some insight into the underlying policy.
We believe that sharing ideas in an open format such as this enhances the information transfer. The collaborative format of the blog also allows for ideas to be scrutinized and refined further.
6 Types of Information
Each course typically covers the following types of information for the subject:
- Sources of authoritative law in that area
- Who resolves disputes in that area with authority
- Use of specialized vocabulary
- Body of rules and doctrine
- Articulation of societal benefits
- Classic statements of law
How we can Help
The use of case studies to learn about the law will in essence cover 1, 2, and 6.
We have provided an online dictionary, and will attempt to include legal terminology to address point 4.
Most students focus exclusively on 5, also known as blackletter law. This is a mistake, because it does not provide an in-depth knowledge of the law, or the type of analytical skills tested on exams.
Finally, the use of contemporary cases in the news should help to provide a venue for 6, or the societal benefits of the law.
Misc. Other Skills
Beyond critical thinking and analysis, some describe other skills useful in law school:
- Communication
- Research
- Organization
Resources
Bryden, David P. (1984). What Do Law Students Learn? A Pilot Study. Journal of Legal Education 34(3):479-506.
Law is Cool – Podcast #2
Note: We are receiving hundreds of visitors looking for information on Michael Bryant. Please see this post on the recent accident in Toronto.
Special edition: Interview with Attorney-General of Ontario, Michael Bryant
Show Notes
(5:03 total running time)
0:15 Omar Ha-Redeye introduces the special edition of the podcast interview with Ontario A.G., Michael Bryant
0:43 Michael Bryant talks about pacing yourself during your first year
1:26 Advice shared from law professor at Osgoode Hall, John McCamus, on exam writing
1:49 Bryant suggests taking courses you enjoy
2:42 Importance of the Law Commission of Ontario discussed
3:16 New legal profession of paralegals reviewed, and their impact on the field
4:33 Omar thanks Michael Bryant and concludes podcast
A National Securities Commission?
Time to Unify
Is it time to call for a unified body to regulate Canadian securities?
Currently Canada is the only major, developed economy without a centralized, national
body regulating securities. Instead it’s fragmented, with regulation administered provincially.
This leads to all thirteen provincial and territorial jurisdictions having their own independent set of rules governing the public offering and sale of securities.
Not only is their disparity across the country in the regulations themselves, but also in enforcement powers, tribunal mechanisms, priorities and sanctions.
Number of security firms in Canada
Consequences
The consequences of this incongruity are numerous:
- Dilution of regulatory resources
- Less transparency and confusion regarding accountability
- Decrease in the efficiency of information flow, which can lead to costly delays
- Act as an impediment to effective enforcement
- Disparities in enforcement experience and capability across jurisdictions
- Frustration for small and mid-sized firms trying to expand beyond their home jurisdiction
- Deterrence to foreign investors who may simply not want to deal with such a circuitous system when they could simply go elsewhere
Change is in the Air
There have been calls to modernize the regulation scheme.
In 2005 a panel was created, headed by prominent Toronto lawyer Purdy Crawford, to review the current regulation scheme.
The result reached by the panel was that a unified Canadian Securities Commission should be created whereby each jurisdiction would have equal say in the new regulator to ensure that the larger provinces do not dominate the agenda of such a commission.
Recently, Canadian Finance Minister Jim Flaherty called for the creation of a national securities regulator stating that Canadian companies currently have to jump through too many hurdles and that the development of a unified watchdog would foster business in Canada.
Flaherty warned that the current framework could delay financing and impede businesses that are trying to grow and could cause these enterprises to turn to private investment or choose markets outside of Canada.
Provincial Initiatives
All this is not to say that these issues are not being addressed by the current provincial regulators.
Commissions in 9 of the provinces and all 3 territories are proposing a system, whereby a company or investment dealer can register securities in one jurisdiction that will be recognized by the other jurisdictions in the country once approved.
This would allow a party to register with only one jurisdiction and deal with one set of regulations.
The only opposition to the planned scheme is the Ontario Securities Commission who contends that the system, although adding efficiency to the current regime, does not fully address all the shortcomings of the current patchwork of organizations. The OSC feels the only solution is a unified, national commission.
Previous Attempts
This is not a new issue; there have been calls for a national regulatory commission for years. Any attempt at the creation of such a body has been plagued with disputes between existing jurisdictions.
Amidst the current turbulence caused in international markets resulting from exposure to the sub-prime mortgage market in the United States, greater attention should be brought to our securities regulation.
Although a unified commission in Canada would not have changed the current financial landscape in this country, it should, however, highlight the importance of providing the most efficient and effective regulatory body possible for the benefit of both companies and investors.
A single commission could arguably more aptly and expediently reform its provisions to prevent a similar situation from occurring in the future.
See the Crawford Panel for more information.
*FREE* CBA Memberships!!!
Yes, Free
The Canadian Bar Association (CBA) is providing free memberships to all our law student readers in Ontario.
All you have to do is let them know you read www.lawiscool.com and they will sign you up.
The Real Deal
The CBA is actually so generous that they offer this deal to all Ontario law students. Other provinces get a significantly discounted rate of $20.
Yes it’s true, you don’t actually have to read this blog to be eligible, but we like to think that we can encourage some of you to join.
How to Sign Up
Joining the CBA as a student member is as simple as filling out an online form.
The process literally takes minutes to complete.
What’s in it for You?
The CBA represents approximately 35,000 lawyers across Canada.
The benefits of joining include:
- advocacy for the legal system
- judicial reform
- professional development
As students in the legal field, the networking, trendspotting, and communications are helpful for introducing us into the profession.
These free services are provided to you at a value of up to over $600. A number of savings are also available on partners in business, technology, travel and even movie tickets.
Some of the CBA’s advocacy focuses are:
Initiatives currently underway include:
Student Benefits
In addition to everything the CBA does for law in general, they do sponsor a number specific student initiatives.
They offer a number of fellowships and awards to student members, have a special interest sections for young lawyers and students, and provide an online resource library.
They Even Talk About Blawgs!
On the 2006 issue of their publication, the cover is titled LLBloggers, talking about law student blogs in Canada.
They discuss the increasing acceptance of blogs in the legal field, how overly personal anecdotes are probably a bad idea, and even quote Michael Paris of Dalhousie,
You get an exchange of ideas the way you might get at a conference, but it’s a bit different, because it’s more egalitarian. It’s an equal exchange of ideas.
So although the number of blawgs (law blogs) in Canada is on the rise, a collaborative, inter-institutional, didactic-focused blog and podcast like this one is still quite innovative.
Yes, Free (in ON).
We had to repeat this. It’s Free, students of Ontario, you have absolutely nothing to lose.
And as for the rest of Canada, the minimal price of $20 is obviously worth all of the benefits.
The DRC: Instability and Conflict
Bread and Butter of International Relations
Recently, the foreign minister for Uganda visited Kinshasa the capital city of the Democratic Republic of the Congo, in order to deal with growing tensions between the two neighbouring countries, stemming from discovered and potential oil deposits.
This has resulted in cross border attacks which have left several people, including a British oil worker, dead.
These meetings are the bread and butter of international relations, however this meeting has much more important undertones that could result in serious instability within Central Africa.
As a August 14th Reuters article noted,
…relations between Kampala and Kinshasa have been fraught for years, with Kampala regularly threatening to send troops across the border if no action is taken against a number of rebel groups based in lawless eastern DRC.
Unfortunately, if a conflict did start up between the DRC and Uganda it will only be a continuation of the strife that the DRC has faced in its recent past.
History of the Conflict
The DRC has been caught up in an almost perpetual state of conflict since 1997. At that time, the long standing President Mobutu, the only non-Colonial leader the country knew, was overthrown by the leader of a rebel group backed by Rwanda and Uganda, Laurent Kabila.
Since this event, many different armed groups, sometimes supported by a variety of the DRC’s neighbours, have sprung up to challenge the government, as well as take control of different key provinces within the country, especially those rich with mineral wealth.
While neighbouring countries cited security concerns to justify their invasion of the DRC, it is widely understood that their troops were used to gain control of key territories which would be provide economic benefits.
Lousaka Agreement Ceasefire
In 1999, the Lusaka agreement brought a ceasefire to the DRC, with all neighbouring countries pledging to remove troops and military support from the DRC.
A UN peacekeeping mission, under the name MUNOC, was then established to help keep the peace as the transitional government began its work of promoting stability within the country.
This mission has over 16,000 troops under its command, with its forces gathered from several different Asian and African countries (most notably Pakistan and India), and monetary support coming mostly from countries of the Western world (with the U.S. providing the most donor money).
By 2003, no country had officially sanctioned armed groups within the DRC. As well, in 2003, all groups submitted to the creation of a transitional government that would work to bring all rebel groups within the political system and oversee the creation of a new national army which would incorporate rebel commanders and troops.
First Elections in 40 Years
In 2006, the first free elections in 40 years were held, and many believed that this would be the first step towards the stability and peace within the DRC.
However, while certain rebel groups have been integrated within the ruling DRC regime, others have refused to submit. As well, foreign rebel groups operating within the country have caused renewed tension between the DRC and its neighbours.
This conflict has lead to over 3 million deaths, many of them children, and many of them caused by preventable disease exacerbated by the war. Current figures suggest that even though the level of conflict has decreased since the open war between 1998 and 2003, 1,000 deaths a day occur due to the tensions.
Women have, and remain, a predominate target for rebel groups and government forces, and are often mutilated or raped as a standard part of fighting. As well, large parts of the country remain undeveloped, especially in terms of government infrastructure, as money has mostly gone towards fighting rebel groups rather than improving the lives of civilians.
This lack of government money has lead to more conflict, as underfunded government troops have turned to attacking civilian populations for goods and materials, which has in turn prompted rebel groups to spring up to combat the corruption of government troops.
One such example is the Mayi Mayi uprising that occurred in 2003 in the province of Katanga.
Summary
Overall, despite the brief nature of this post, the situation within the DRC is complex. In the future, I hope to discuss the role that international law can, and should, play in dealing with the conflict as well as how the situation in the DRC shows the limits of International Law in dealing with conflict.
Finally, I hope to discuss what we, as Canadian citizens, can do to help the situation within the DRC. For now, even knowledge of the DRC is important, especially since the level of indifference is high surrounding the issue.
Read more
The Democratic Republic of the Congo: Instability and Conflict
Part of the International Conflicts series
Bread and Butter of International Relations
Recently, the foreign minister for Uganda visited Kinshasa the capital city of the Democratic Republic of the Congo, in order to deal with growing tensions between the two neighbouring countries, stemming from discovered and potential oil deposits.
This has resulted in cross border attacks which have left several people, including a British oil worker, dead.
These meetings are the bread and butter of international relations, however this meeting has much more important undertones that could result in serious instability within Central Africa.
As a August 14th Reuters article noted,
…relations between Kampala and Kinshasa have been fraught for years, with Kampala regularly threatening to send troops across the border if no action is taken against a number of rebel groups based in lawless eastern DRC.
Unfortunately, if a conflict did start up between the DRC and Uganda it will only be a continuation of the strife that the DRC has faced in its recent past.
History of the Conflict
The DRC has been caught up in an almost perpetual state of conflict since 1997. At that time, the long standing President Mobutu, the only non-Colonial leader the country knew, was overthrown by the leader of a rebel group backed by Rwanda and Uganda, Laurent Kabila.
Since this event, many different armed groups, sometimes supported by a variety of the DRC’s neighbours, have sprung up to challenge the government, as well as take control of different key provinces within the country, especially those rich with mineral wealth.
While neighbouring countries cited security concerns to justify their invasion of the DRC, it is widely understood that their troops were used to gain control of key territories which would be provide economic benefits.
Lousaka Agreement Ceasefire
In 1999, the Lusaka agreement brought a ceasefire to the DRC, with all neighbouring countries pledging to remove troops and military support from the DRC.
A UN peacekeeping mission, under the name MUNOC, was then established to help keep the peace as the transitional government began its work of promoting stability within the country.
This mission has over 16,000 troops under its command, with its forces gathered from several different Asian and African countries (most notably Pakistan and India), and monetary support coming mostly from countries of the Western world (with the U.S. providing the most donor money).
By 2003, no country had officially sanctioned armed groups within the DRC. As well, in 2003, all groups submitted to the creation of a transitional government that would work to bring all rebel groups within the political system and oversee the creation of a new national army which would incorporate rebel commanders and troops.
First Elections in 40 Years
In 2006, the first free elections in 40 years were held, and many believed that this would be the first step towards the stability and peace within the DRC.
However, while certain rebel groups have been integrated within the ruling DRC regime, others have refused to submit. As well, foreign rebel groups operating within the country have caused renewed tension between the DRC and its neighbours.
This conflict has lead to over 3 million deaths, many of them children, and many of them caused by preventable disease exacerbated by the war. Current figures suggest that even though the level of conflict has decreased since the open war between 1998 and 2003, 1,000 deaths a day occur due to the tensions.
Women have, and remain, a predominate target for rebel groups and government forces, and are often mutilated or raped as a standard part of fighting. As well, large parts of the country remain undeveloped, especially in terms of government infrastructure, as money has mostly gone towards fighting rebel groups rather than improving the lives of civilians.
This lack of government money has lead to more conflict, as underfunded government troops have turned to attacking civilian populations for goods and materials, which has in turn prompted rebel groups to spring up to combat the corruption of government troops.
One such example is the Mayi Mayi uprising that occurred in 2003 in the province of Katanga.
Summary
Overall, despite the brief nature of this post, the situation within the DRC is complex. In the future, I hope to discuss the role that international law can, and should, play in dealing with the conflict as well as how the situation in the DRC shows the limits of International Law in dealing with conflict.
Finally, I hope to discuss what we, as Canadian citizens, can do to help the situation within the DRC. For now, even knowledge of the DRC is important, especially since the level of indifference is high surrounding the issue.
Intl Law & Political Settlements
These notes are from the Cross-Purposes? International Law and Political Settlements conference at the University of Western Ontario, on Jun. 9-10, 2007, with some editorial content added by Omar Ha-Redeye.
From Left: Joseph Rikhof, Valerie Oosterveld, Joanna Quinn, Joanna Harrington, Patricia Marchak, Daryl Robinson, Mark Drumbl, Audrey Boctor
Read more
International Conflicts
Law is Cool will be doing a special focus on international conflicts and the role of law.
Omar Ha-Redeye will share his notes from the past Cross-Purposes? International Law and Political Settlements conference at the University of Western Ontario, on Jun. 9-10, 2007.
Marie Winfield will be live blogging from the Global Conference on the Prevention of Genocide at McGill University, Oct. 11-13.
Adrian Di Lullo, of Queen’s University, will share some of the challenges occurring in the Democratic Republic of Congo.
