Author: Harriet Cornell

Global Justice Academy Development Officer, Carnegie Postdoctoral Fellow in History, University of Edinburgh

Incarceration in Scotland: a system with positive evolutions in need of a generalisation of its good practices

Crime and Criminal Law, incarceration, Inequalities, Innovative Initiative Fund, Law and Legal, Punishment, Scotland, UK, United Kingdom

In this guest post, Coline Constantin reflects on the recent seminar that tackled issues around incarceration in Scotland. Coline is reading for an LLM in Human Rights at Edinburgh Law School, and applied for funding for this event from the Global Justice and Global Development Academies’ Innovative Initiative Fund.

Scotland has the second highest imprisonment rate in Europe. Although English headlines for issues of overcrowding, under staffing, rising rates of self-harming cases do not find an echo north of the border, the statistic still makes it worth taking a closer look at its system. On Thursday 26 April, an engaged audience gathered at the University of Edinburgh to hear more about the positive developments and challenges of the Scottish system of detention.

Three panellists from different fields of expertise and different view angles on the Scottish situation were invited to cover topics from policy-making, to the implementation and analysis of these policies. Professor Richard Sparks, Convenor of Howard League Scotland and criminologist specialised on the different systems of detention in the UK, took us through his analysis of the particularities of the Scottish case within the UK and European context. Tom Halpin, Chief Executive of Sacro and prominent figure in the reduction of inequalities in the Scottish criminal justice system, gave us a sense of the work that is being done with communities and specific groups of people with convictions to go towards better mentoring and guidance throughout the process. Pete White, Chief Executive of Positive Prisons? Positive Future and fascinating storyteller, treated the audience with a story of his personal experience from his time inside and the aftermath of this life-changing event.

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The Shadows of Torture: Reporting from Guantánamo

Human rights, incarceration, International Law, Law and Legal, Punishment, Terrorism, Torture, USA

This series of blogs presents a number of the legal issues raised at the April – May 2018 military commission proceedings against the alleged plotters of the 11 September 2001 (9/11) terror attacks against the US in the case of US v. Khalid Shaikh Mohammad, et. al. taking place at Camp Justice, Guantánamo Bay Naval Station, Cuba.

The author, Dr Kasey McCall-Smith, is conducting a research project entitled Torture on Trial, which is funded by the Royal Society of Edinburgh.

1. The Shadows of Torture

When people speak about torture and the war on terror, the most egregious and publicly decried acts generally pop to mind: waterboarding, walling, sleep deprivation, and so on. As the military commission proceedings in case of US v. Khalid Shaikh Mohammad, et. al. (KSM case) unfold, less examined examples aspects of torture reveal the irreversible physical and mental impacts on victims of such abuse.

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Recent Discussions in Legal Theory at the Edinburgh Legal Theory Research Group

Innovative Initiative Fund, Law and Legal, Theory

In this post, the Co-Convenors of the Edinburgh Legal Theory Research Group for 2017-18, Richard Latta and Joaquin Reyes, report on their recent Winter/Spring seminar series and the topics discussed.

The Edinburgh Legal Theory Research Group is very grateful for the support of the Global Justice Academy for the Edinburgh Legal Theory Research Group’s Seminar Series of Spring 2018. This semester we hosted speakers from all over the world to discuss issues in legal theory and beyond legal theory. » Read more

Liberating Comparisons: Report from the Workshop

Innovative Initiative Fund, Theory

The Liberating Comparisons network emerged out of a workshop by the same name in Edinburgh on 8 December 2017. The workshop drew together scholars from across the UK to explore the potential of comparative methods.

From back left: Jonathan Spencer, Sneha Krishnan, Kesi Mahendran, Juliano Spyer, Sarah Linn, Ian Harper, Mikal Woldu, Patrick Mutahi, Simone Lamont-Black, Indrajit Roy

The workshop started from the premise that comparative methods had the potential to reify or disrupt the way we see the world and our place within it. Our workshop drew together scholars who were interested in the latter: the transformative insights that comparative methods could bring to the complex and important issues of our day.

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Personality and Procedure: Judges and UNCLOS adjudication

International Law, Law and Legal, Student Ambassadors, Students participate!

In his first post as GJA Student Ambassador, Connor Hounslow reports from the 2017 Scottish Centre for International Law‘s Annual Lecture. This year’s lecture was delivered by Natalie Klein, Professor and Dean of Macquarie Law School.

 

Last Tuesday, Professor Klein delivered the Scottish Center for International Law Annual lecture on the role of the judge in developing international law, especially within the context of the Law of the Sea. As described by Professor Klein, her body of research on this topic represents a microcosm of the international legal system. Nonetheless, Professor Klein’s explorations in this lecture posited an understanding of the judge which applies to the broader international legal universe.

Natalie Klein, Professor and Dean of Macquarie Law School, giving the Scottish Center for International Law Annual Lecture on ‘The Role of Judges in Developing the Law of the Sea’.

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Introducing our first 2017-18 Student Ambassador

Student Ambassadors, Students participate!

The Global Justice Academy runs a Student Ambassador programme within the University of Edinburgh, where current undergraduates and postgraduates can get involved with our work. Here, Connor Hounslow introduces himself as our first Student Ambassador for 2017-18. Connor will be reporting from upcoming events as well as penning opinion pieces for this blog. Stay tuned!

My name is Connor Hounslow andI  hail from Westborough, Massachusetts.  I am third-year MA (Hons) International Relations with Quantitative Methods Student at the University. My aligned interests with the Global Justice Academy include political theory, international law, as well as the use of quantitative methods in the social sciences.

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Rethinking the International Criminal Justice Project in the Global South

Africa, Asia, Crime and Criminal Law, Human rights, International Law, Law and Legal

This guest post is by Michelle Burgis-Kasthala, who is currently a Research Fellow at the Centre for International Governance and Justice, RegNet, ANU. Michelle will be returning to Edinburgh Law School in 2017-18. This post is re-blogged from ‘Regarding Rights: Academic and Activist Perspectives on Human Rights’ and is based on an article published recently in the Journal of International Criminal Justice: ‘Scholarship as Dialogue? TWAIL and the Politics of Methodology’.

ICC in Ivory Coast in 2013. Image: BBC News

ICC in Ivory Coast in 2013. Image: BBC News

Concerns about the International Criminal Court’s (ICC) continuing relevance in Africa following exit announcements by Burundi, South Africa, and Gambia are widespread. But the picture across the continent is more complex. While some African states have clearly rejected the Court, the majority remain members. How can we explain the fracturing of the Court’s support in Africa? More fundamentally – what is the best way of studying international criminal justice and its effects in the Global South – whether in Africa or elsewhere?

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Local Space, Global Life: a notable methodological & theoretical contribution to international law scholarship.

book review, Law and Legal, Student Ambassadors

Vivek Bhatt is reading for a PhD in Law, and is a Global Justice Academy Student Ambassador for 2016-17. Here, he reviews Luis Eslava’s Local Space, Global Life: The Everyday Operation of International Law and Development (Cambridge University Press, 2016).

Luis Eslava’s Local Space, Global Life considers the ways in which international law and the development project jointly produce local spaces and ‘locals’ that conform to global ideals.[1] The author moves beyond the doctrine of legal subjects,[2] a concept that confines many international law scholars to the relationship between law and states, the primary bearers of legal ‘status.’ To Eslava, international legal norms move across spaces and jurisdictions, constituting everyday, local, and private life. Dr Eslava traces the conceptual trajectory of the international development discourse, which became prevalent following Harry S. Truman’s 1949 inaugural address.[3] Truman identified the Third World nation-state as the ideal unit for the attainment of developmental goals. International law and development became inextricable; the former would contribute to the ‘making of a new world order’[4] by aiding the development of Third World nation-states. Yet according to Eslava, world leaders gradually became disenchanted with the idea that development could be achieved through reform at the nation-state level.[5] This led to the identification of the local jurisdiction as the new ideal locus of international development.

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Following Ghana’s Elections: an IIF Event

Africa, Democracy, Elections, Innovative Initiative Fund

On 7 December 2016, the Global Justice and Global Development Academies supported a student-led initiative to follow the elections in Ghana, as part of their Innovative Initiative Fund. In this post, MSc student, Matthew Pflaum, reflects on the evening’s events.

image-1Elections are critical processes for global social and political change, leading to new policies and reforms. Certain elections, referenda, and regions receive widespread attention and coverage – the US election and Brexit, for example – while others are less covered. Elections in the Global South tend to be disregarded by much of the world, and this is a mistake. All elections are significant, principally for local citizens, but also for the rest of the world through geopolitics and trade.

 

During the US election, crowds gathered in tenebrous bars and sterile classrooms to watch the event unfold, their eyes festooned to the glaring screens with constant updates of results. Americans and non-Americans watched with anticipation, feeling that the event was important to their lives. But aren’t all elections important? Should we not also gather to support elections in Burma and Botswana?

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Peace in Colombia?

Citizenship and Belonging, Conflict, Peace, Political Settlements

This blog post by Gwen Burnyeat, Wolfson PhD scholar at UCL, was first published by the London Review of Books, on 1 December  2016. In this piece, Gwen comments on the recent development in the post-referendum context and the adoption of a new peace agreement in Colombia.

Photo: School-Children in Pereira draw their hopes for peace, August 2016, by Gwen Burnyeat.

Photo: School-Children in Pereira draw their hopes for peace, August 2016, by Gwen Burnyeat.

The new peace accord between the government and the Revolutionary Armed Forces of Colombia was signed in Bogotá’s Colón Theatre on 24 November. It was a more sober ceremony than the extravagant signing of the first agreement in Cartagena on 26 September, a week before Colombians narrowly voted against it in a referendum. The second signing was a closed event, and only President Juan Manuel Santos and the Farc commander, Timochenko, gave speeches. A subdued group of Colombians in the main plaza in Bogotá watched it on a big screen. The right-wing TV channel RCN, meanwhile, held a panel featuring only figures opposed to the deal, for ‘balance’.

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