Read about international adjudication

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Reference no: EM133817025

This DB will help you to meet some of your course outcomes, including "To define and apply the most common international conflict management strategies," and "To compare and contrast conflict management strategies used in an international setting versus a national setting."

In Chapter 8, you read about international adjudication ("transitional justice"). One critique that your textbook mentions is "International processes have come under scrutiny as most international justice mechanisms were created based on Western conceptions of justice." Notably, even "Western conceptions of justice" vary significantly. Let's consider how adjudication on an international level differs from on a national level. We will use our own system as an illustrative example.

US:

A) Under our US system of checks and balances, the judiciary is intended to interpret the laws made by our elected legislature.

B) When judges go beyond the scope of interpretation it is called "judicial activism."

C) Within the US there are means for enforcing judicial decisions.

D) Our system uses the "common law" system, where case law and precedent are of great importance and there is substantial case law backing decisions.

E) Access to judiciary is culturally expected.

VS.

International:

A) Laws applied do not originate from directly elected legislature, but from international laws that often attempt to incorporate varying legal systems.

B) Judicial activism is not uncommon in international decisions.

C) Decisions from international adjudications may lack means of enforcement.

D) In contrast to our common law, many other countries use a system called "civil law" that relies heavily on codes.

E) Some countries are reluctant to use courts- it is a very Western proposition.

1. With those differences listed above, do you believe adjudication is less effective or more effective on an international level than it is on a national level?

2. In the US particularly, checks and balances and constitutional rights are of paramount importance. Do you believe that International adjudication is still a viable conflict management strategy? Why or why not?

Reference no: EM133817025

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