The European Court of Human Right’s decision in the case S.A.S. v. France has been subject to substantial legal commentary. It was recently featured in the ASIL Insights, where the content of the judgment, the dissent as well as its implications were discussed. Earlier in July 2014 Professor Sytal Kalantry provided an analysis of the judgment, noting the fact that there were a number of non-governmental organizations (NGOs) that took part in the case as amici curiae. The case concerned the French law that prohibits the covering of the face in public. The Grand Chamber of the Court granted a leave to Amnesty International, Liberty, Open Society Justice Initiative (OSJI), Article 19 and the Human Rights Centre of Ghent University to submit amicus curiae briefs.
Image by Agência Brasil
Currently, amicus curiae participants are commonplace in international tribunals. Amicus curiae submissions are a form of intervention by persons not party to the proceedings that involve presenting views on points of law or fact. This type of intervention in judicial proceedings has expanded from common law systems to countries with civil law traditions and to international adjudication. Article 36 of the European Convention on Human Rights and Fundamental Freedoms allows amicus curiae briefs from states, physical and legal persons and Council of Europe Commissioner for Human Rights.
In terms of organizations that acted as amici curiae in the S.A.S case, all NGOs, except the Human Rights Centre from Ghent University Law Faculty are repeat-players. They are veterans in this capacity and routinely submit briefs across a variety of tribunals. In fact, Amnesty International and Liberty are among the most active amici curiae before the European Court. Amnesty International is an active amicus curiae before a number of tribunals. In the past the organization submitted briefs before the European Court of Human Rights, the Inter-American Court of Human Rights, the International Criminal Tribunal for Rwanda and the International Criminal Court.
A Symposium on the Promise and Perils of an International Law of Property will take place on March 6 2015 in Pacific McGeorge School of Law. Inspired by Prof. John Sprankling’s new book, The International Law of Property (Oxford 2014), the symposium will assess the impact of an emerging international right to property in a variety of contexts. The morning will commence with an explanation of the legal grounding for an international law of property by way of examining key treaties, practices and norms. Thereafter, panelists will discuss the implications of recognizing such a law and how it might interface with, disrupt, and influence aspirations of various actors within modern society. Panels include: The Framework Shaping the Law: Whose interests are reflected in existing treaties, practices and norms?, Intellectual Property, Natural Resources and Biodiversity, and The Next Frontier: Space and Beyond.
Panels include: The Framework Shaping the Law: Whose interests are reflected in existing treaties, practices and norms?, Intellectual Property, Natural Resources and Biodiversity, and The Next Frontier: Space and Beyond. This program has been approved for 6.15 hours of MCLE credit and is co-sponsored by the Witkin Legal Institute.
Symposium participants include:
- Raquel Aldana, Professor of Law and Associate Dean for Faculty Scholarship, University of the Pacific McGeorge School of Law
- Thomas Antkowiak, Associate Professor and Director, Latin America Program, Seattle University School of Law
- Margo Bagley, Hardy Cross Dillard Professor of Law, University of Virginia School of Law
- Irene Calboli, Professor of Law and Director, Intellectual Property and Technology Program, Marquette University Law School
- Anna Dolidze, Professor of Law, Western University Law
- Josef Drexl, Managing Director, Max Planck Institute for Innovation and Competition, Honorary Professor at the University of Munich
- Jose Hernandez, Former NASA Astronaut, Pacific Regent, Consultant, Tierra Luna Engineering
- Jacklyn Jampolsky, David H. Getches American Indian and Natural Resources Law Fellow, University of Colorado, Boulder
- Mike Mireles, Professor of Law, University of the Pacific McGeorge School of Law
- M.C. Mirow, Associate Dean of International & Graduate Studies and Professor of Law, Florida International University
- Fausto Pocar, Judge, International Criminal Tribunal for the former Yugoslavia
- Rachael Salcido, Professor of Law, Director, Environmental Law Concentration, University of the Pacific McGeorge School of Law
- John Sims, Professor of Law and Sr. Editor, Journal of National Security Law & Policy, University of the Pacific McGeorge School of Law
- John Sprankling, Distinguished Professor of Law, University of the Pacific McGeorge School of Law
- Leslie Tennen, Attorney, Law Firm of Sterns and Tennen
- Wayne White, Attorney, President & CEO, SpaceBooster LLC
- Jarrod Wong, Professor of Law, Co-Director, Pacific McGeorge Global Center for Business and Development, University of the Pacific McGeorge School of Law