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Fundamentals of Risk Management and Future Trends in Compliance
The event is a workshop titled “Fundamentals of Risk Management and Future Trends in Compliance” (Wednesday, April 24 from 8:30 to 12:15 pm) that we are co-organizing with the Florida International Bankers Association (FIBA). This interdisciplinary program led by a group of experts in the field, will cover a variety of topics related to risk management and compliance, including the impact of new technologies and other trends.https://ecollections.law.fiu.edu/fiu-law-events/1001/thumbnail.jp
Introduction: Origins and Issues of the African Court of Justice and Human and Peoples\u27 Rights
In June 2014, at its summit in Malabo, Equatorial Guinea, the Assembly of Heads of State and Government (\u27Assembly\u27) of the African Union adopted the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (the \u27Malabo Protocol\u27). The so-called Malabo Protocol was one of eight legal instruments adopted by African Union (AU) leaders, but undoubtedly one of its most significant. The significance stems, partly, from the consideration and addition of a third section to the proposed African Court of Justice and Human Rights (ACJHR) which had already formally anticipated the possibility of a regional tribunal with jurisdiction over human rights issues as well as general disputes arising between African States. The new Court will, once its statute enters into force upon achievement of the 15 required ratifications additionally possess the competence to investigate and try 14 international, transnational and other crimes in a highly ambitious tribunal with three separate chambers and jurisdictions:\u27 (1) the General Affairs Section, (2) the Human and Peoples\u27 Rights Section and (3) the International Criminal Law Section. The merger of these three chambers addressing inter-state disputes, human rights and penal aspects into a single court with a common set of judges represents a significant development in Africa and in wider regional institution building and law making.https://ecollections.law.fiu.edu/faculty_books/1265/thumbnail.jp
A Classification of the Crimes in the Malabo Protocol
Today, when it comes to penal matters, legal scholars and practitioners of international law tend to draw a distinction between \u27international crimes\u27 and \u27transnational crimes\u27. But it would be misleading to suggest that there is consensus on the precise meaning of these terms. Authors have assigned them a wide variety of definitions in the literature. For our purposes, the phrase \u27international crimes\u27 should be taken to mean \u27breaches of international rules entailing the personal criminal liability of the individuals concerned\u27.\u27 This conception is similar to, but broader than, that preferred by a group of scholars who have described \u27international crimes\u27 as \u27those offences over which international courts or tribunals have been given jurisdiction under general international law\u27. In contrast, the notion of \u27transnational crimes\u27, apparently conceived by a United Nations body, is said to describe \u27certain criminal phenomena transcending international borders, transgressing the laws of several states or having an impact on another country\u27. Or, put more succinctly, \u27transnational crimes\u27 is a reference to \u27crimes with actual or potential trans-border effects\u27 . That is to say, those offenses \u27which are the subject of international suppression conventions but for which there is as yet no international criminal jurisdiction\u27.https://ecollections.law.fiu.edu/faculty_books/1268/thumbnail.jp
Reflections on the Christchurch Massacre: Incorporating a Critique of Islamophobia and TWAIL
On March 15, 2019 in Christchurch, New Zealand, a white supremacist entered a mosque full of worshippers and gunned down over 50 people. He was welcomed into the house of worship as Muslim immigrants and converts were about to start their Friday prayers. News of the attack spread quickly across the globe. Social media news feeds and online sources provided near-instantaneous updates. There were calls to prioritize the lives and stories of the victims and survivors. Although there were calls not to glorify or even humanize the shooter, people understandably professed interest in his writings and his motivation. Once it became known that he was an Islamophobic, anti-immigrant, white supremacist, it did not take long to connect the Christchurch terrorist to others who have gained notoriety for similar mass murders in the West. In the wake of this tragedy and in stark contrast to the race-baiting Donald Trump, the world was treated to a view of a compassionate leader unafraid to state unequivocally that the New Zealand shooter believed in a radical ideology of racism that had to be confronted. Prime Minister Jacinda Ardern did everything right in that moment: she called out the white supremacy, comforted the Muslim community, and showed her respect for their beliefs. Shortly after the shootings, Ardern called for a global war against racism and she was widely praised for it. In her speech, Arden proclaimed: To the global community who have joined us today, who reached out to embrace New Zealand, and our Muslim community, to all of those who have gathered here today, we say thank you. And we also ask that the condemnation of violence and terrorism turns now to a collective response. The world has been stuck in a vicious cycle of extremism breeding extremism and it must end. We cannot confront these issues alone, none of us can. But the answer to them lies in a simple concept that is not bound by domestic borders, that isn’t based on ethnicity, power base or even forms of governance. The answer lies in our humanity
The ILC at Its 70th Anniversary: Its Role in International Law and Its Impact on U.S. Jurisprudence
Spak Wedgwood Collection
Donated as part of Theodore and Rosalind Spak\u27s endowment benefitting the College of Law, the collection features Wedgwood ceramic wares representing the rich diversity of materials and techniques utilized by Wedgwood.https://ecollections.law.fiu.edu/homepage_slideshow/1005/thumbnail.jp