- Title Pages
- Contributors
- Foreword
- Acknowledgements
- William Schabas
- 1 Human Rights and International Criminal Justice in the Twenty-First Century
- 2 William Schabas, the Canadian Charter of Rights and Freedoms, and International Human Rights Law
- 3 The International Convention for the Protection of All Persons from Enforced Disappearance, as a Victim-Oriented Treaty
- 4 The Politics of Sectarianism and Its Reflection in Questions of International Law and State Formation in the Middle East
- 5 International Law and the Death Penalty
- 6 The UN Optional Protocol on the Abolition of the Death Penalty
- 7 The Right to Life and the Progressive Abolition of the Death Penalty
- 8 Progress and Trend of the Reform of the Death Penalty in China
- 9 Criminal Law Philosophy in William Schabas’s Scholarship
- 10 Is the ICC Focusing Too Much on Non-State Actors?
- 11 The Principle of Legality at the Crossroads of Human Rights and International Criminal Law
- 12 Revisiting the Sources of Applicable Law before the ICC
- 13 The ICC as a Work in Progress, for a World in Process
- 14 Legacy in International Criminal Justice
- 15 Torture by Private Actors and ‘Gold-Plating’ the Offence in National Law
- 16 Secrets and Surprises in the <i>Travaux Préparatoires</i> of the Genocide Convention
- 17 Perspectives on Cultural Genocide
- 18 Crimes against Humanity
- 19 A New Global Treaty on Crimes Against Humanity Future Prospects
- 20 Justice outside of Criminal Courtrooms and Jailhouses
- 21 Toward Greater Synergy between Courts and Truth Commissions in Post-conflict Contexts
- 22 International Criminal Tribunals and Cooperation with States
- 23 The Arc toward Justice <i>and</i> Peace
- 24 The Maintenance of International Peace and Security through Prevention of Atrocity Crimes
- 25 Law and Film
- 26 The Role of Advocates in Developing International Law
- 27 Bill the Blogger
- Index
The Role of Advocates in Developing International Law
The Role of Advocates in Developing International Law
- Chapter:
- (p.521) 26 The Role of Advocates in Developing International Law
- Source:
- Arcs of Global Justice
- Author(s):
Wayne Jordash
- Publisher:
- Oxford University Press
As this chapter explains, legal scholars occupy a uniquely educative place in the international arena. Some, such as William Schabas, have extended their scholarship into the courtroom as international adjudicative mechanisms have expanded their reach. Not only are these new and proliferating judicial mechanisms involved in the making (and not only the clarification) of the law, but advocates who appear before them are freed from methodological strictures that might otherwise limit their action and ability to argue for normative change. This intellectual freedom to use the law but look beyond it and support arguments by reference to other worldly disciplines is a peculiarly vital contribution to the development of the law and the advancement of society. For the new breed of eminent scholars such as Schabas, this unfettered advocacy may well turn out to be their most enduring contribution to the development of international law.
Keywords: scholarship in motion, advocates in action, lawmaking, equity, critical positivism, advocacy
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- Title Pages
- Contributors
- Foreword
- Acknowledgements
- William Schabas
- 1 Human Rights and International Criminal Justice in the Twenty-First Century
- 2 William Schabas, the Canadian Charter of Rights and Freedoms, and International Human Rights Law
- 3 The International Convention for the Protection of All Persons from Enforced Disappearance, as a Victim-Oriented Treaty
- 4 The Politics of Sectarianism and Its Reflection in Questions of International Law and State Formation in the Middle East
- 5 International Law and the Death Penalty
- 6 The UN Optional Protocol on the Abolition of the Death Penalty
- 7 The Right to Life and the Progressive Abolition of the Death Penalty
- 8 Progress and Trend of the Reform of the Death Penalty in China
- 9 Criminal Law Philosophy in William Schabas’s Scholarship
- 10 Is the ICC Focusing Too Much on Non-State Actors?
- 11 The Principle of Legality at the Crossroads of Human Rights and International Criminal Law
- 12 Revisiting the Sources of Applicable Law before the ICC
- 13 The ICC as a Work in Progress, for a World in Process
- 14 Legacy in International Criminal Justice
- 15 Torture by Private Actors and ‘Gold-Plating’ the Offence in National Law
- 16 Secrets and Surprises in the <i>Travaux Préparatoires</i> of the Genocide Convention
- 17 Perspectives on Cultural Genocide
- 18 Crimes against Humanity
- 19 A New Global Treaty on Crimes Against Humanity Future Prospects
- 20 Justice outside of Criminal Courtrooms and Jailhouses
- 21 Toward Greater Synergy between Courts and Truth Commissions in Post-conflict Contexts
- 22 International Criminal Tribunals and Cooperation with States
- 23 The Arc toward Justice <i>and</i> Peace
- 24 The Maintenance of International Peace and Security through Prevention of Atrocity Crimes
- 25 Law and Film
- 26 The Role of Advocates in Developing International Law
- 27 Bill the Blogger
- Index
