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UID:20260803T162712EDT-9161HDJ7zB@132.216.98.100
DTSTAMP:20260803T202712Z
DESCRIPTION:The Quebec Research Centre of Private and Comparative Law is\nc
 o-hosting a special edition of the DCL Coffee Hour\, to which all\ncolleag
 ues as well as our graduate students are invited. The\nspeaker will be Cas
 sandra Steer\, Lecturer and\nPhD candidate in the Department of Criminal L
 aw\, Universiteit van\nAmsterdam\, who is currently a Fulbright Visiting R
 esearcher at\nCornell Law School.\nShe will be speaking to the title 'Tran
 slating Guilt: Can a\ncomparative law methodology inform the law-making pr
 ocess in\nInternational Criminal Law?'. Her abstract is below.\nCoffee and
  light snacks will be provided. For this reason\,\nplease send an email to
  crdpcq.law [at] mcgill.ca if you are\nplanning to attend\, to help us wit
 h the catering arrangements.\nPlease RSVP by 11 March 2011.\nAbstract\nThe
  process by which the normative content of international\ncriminal law is 
 formed is essentially an ad-hoc process of\ncomparative law in action. Bec
 ause of the nascent and rudimentary\nnature of this branch of internationa
 l law\, much is left unclear in\nthe statutes of international tribunals.
 \nApplicable treaties deal with some aspects of the crimes\, but\nleave mu
 ch of the criminal law doctrine up to individual\nparticipants in the proc
 ess of law-making. What results is an\ninevitable divergence in the unders
 tanding\, development and\napplication of some normative notions such as m
 odes of\nresponsibility. Individual participants (judges\, lawyers\, acade
 mic\ncommentators) apply notions from the domestic systems they are\nfamil
 iar with\, and diverging views of the law ensue.\nThis borrowing from dome
 stic systems can contribute to the\nformation of the normative content of 
 international criminal law -\nin fact it has always done so - however the 
 critique I have is that\nthe selection and application can be arbitrary an
 d threaten due\nprocess concerns\, which are paramount in any criminal jus
 tice\nsystem.\nThe solution I propose is to consciously apply (and perhaps
 \nrequire) a comparative law methodology as a kind of minimum\nrestraint o
 n this process.\n
DTSTART:20110316T143000Z
DTEND:20110316T160000Z
SUMMARY:DCL Coffee Hour with special guest Cassandra Steer
URL:/channels/event/dcl-coffee-hour-special-guest-cass
 andra-steer-172281
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