EC - CYPRUS RECORDED 120 CORRUPTION PROBES IN 5 YEARS

 in-cyprus 2 October 2020 - by Josephine Koumettou

Cypriot authorities investigated a total of 120 corruption cases between 2013 and 2018, of which 98 have been completed and 22 are ongoing, the European Commission reported in its 2020 Rule of Law Report published on Wednesday.

The report presents the rule of law situation in the EU and also evaluates the situation in each Member State.

The chapter on Cyprus mentions that 47 cases are either pending trial or are under trial, 37 people were convicted for corruption in 26 cases of which 12 were “high-level corruption convictions, including the deputy Attorney General, members of the House of Representatives and ex-ministers.”

Cyprus scores 58/100 in the 2019 Transparency International Corruption Perception Index and was ranked 12th in the EU and 41st globally. 95% of respondents to a 2020 Eurobarometer survey consider corruption to be a widespread problem (EU average: 71%) and 60% of people feel personally affected by corruption in their daily lives (EU average: 26%).

As regards business, 88% of companies consider that corruption in Cyprus is widespread (EU average: 63%), 48% consider that corruption is a problem when doing business (EU average: 37%) while only 11% of companies consider that people and businesses caught for bribing a senior official are appropriately punished (EU average: 31%).

The Commission’s report notes that, overall, Cyprus has made some progress in tackling and investigating corruption. However, key legislation for the prevention of corruption is still pending, lobbying and whistle-blower protection remain unregulated by law and an independent anti-corruption authority has yet to be established.

It was further noted that Cyprus’ justice system suffers from a nearly complete lack of digitalisation as very little information is publicly available about the judicial system and there is also no electronic information on case progress and no electronic case management system.

In addition, the justice system in Cyprus is still facing serious efficiency challenges as the time needed to resolve civil, commercial and administrative cases in first instance courts remains among the highest in the EU (737 days in 2018, compared to 1118 in 2017). It was, however, mentioned that an action plan to address these efficiency challenges has been adopted and its implementation is ongoing, albeit with some delay.

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EU LEADERS AGREE ON DUAL APPROACH TOWARDS TURKEY

 in-cyprus 2 October 2020 - by Josephine Koumettou

EU leaders agreed on Thursday night on a dual approach towards Turkey and the Eastern Mediterranean, expressing on the one hand solidarity with Greece and Cyprus, while maintaining the option for sanctions, and extending on the other hand a positive agenda to Turkey, while saying that they will monitor developments until December.

More specifically, the 27 EU heads of states and government taking part at the European Council, in Brussels, agreed that “the EU has a strategic interest in a stable and secure environment in the Eastern Mediterranean and in the development of a cooperative and mutually beneficial relationship with Turkey.”

“Pursuing dialogue in good faith and abstaining from unilateral actions which run counter to the EU interests and violate international law and the sovereign rights of EU Member States is an absolute requirement in this regard. All differences must be resolved through peaceful dialogue and in accordance with international law. In this context, the European Council reiterates its full solidarity with Greece and Cyprus, whose sovereignty and sovereign rights must be respected” the Council Conclusions note.

The EU welcomes the recent confidence building by Greece and Turkey, as well as the announcement that they will resume their direct exploratory talks aiming at the delimitation of the Continental Shelf and Exclusive Economic Zone of the two countries. These efforts need to be sustained and broadened, it is added.

At the same time, the European Council strongly condemns violations of the sovereign rights of the Republic of Cyprus “which must stop.” The European Council calls on Turkey to abstain from similar actions in the future, in breach of international law. It also underlines that the delimitation of the Continental Shelf and Exclusive Economic Zone should be addressed through dialogue and negotiation in good faith, in full respect of international law, and calls on Turkey to accept the invitation by Cyprus to engage in dialogue with the objective of settling all maritime-related disputes between Turkey and Cyprus.

The European Council supports the speedy resumption of negotiations, under the auspices of the UN, and remains fully committed to a comprehensive settlement of the Cyprus problem within the UN framework and in accordance with the relevant UN Security Council resolutions, including UNSC resolutions 550 and 789, and in line with the principles on which the EU is founded and notes that “it expects the same of Turkey.” The EU stands ready to play an active role in supporting the negotiations, including by appointing, upon resumption, a representative to the UN Good Offices Mission, it is added.

Provided constructive efforts to stop illegal activities vis-à-vis Greece and Cyprus are sustained, the European Council has agreed to launch a positive political EU-Turkey agenda with a specific emphasis on the modernisation of the Customs Union and trade facilitation, people to people contacts, High level dialogues, continued cooperation on migration issues, in line with the 2016 EU-Turkey Statement. The European Council invites its President, in cooperation with the President of the Commission and with the support of the High Representative, to develop a proposal for re-energising the EU-Turkey agenda to this effect.

Recalling and reaffirming iinter alia its previous conclusions on Turkey of October 2019, in case of renewed unilateral actions or provocations in breach of international law, the EU says that it will use all the instruments and the options at its disposal, including in accordance with Article 29 TEU and Article 215 TFEU, in order to defend its interests and those of its Member States.

“The European Council will continue to closely monitor developments and will revert accordingly and take decisions as appropriate at the latest at its December meeting.

Finally, the European Council calls for a Multilateral Conference on the Eastern Mediterranean and invites the High Representative to engage in talks about its organisation. Modalities such as participation, scope and timeline will need to be agreed with all involved parties, it is noted. “The Conference could address issues on which multilateral solutions are needed, including maritime delimitation, security, energy, migration and economic cooperation” Council Conclusions say.

(CNA)

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FOOTBALL CORONAVIRUS CLUSTERS GROW, PUPILS POSITIVE - Further info re the 17 cases found 1/10

 in-cyprus 1 October 2020 - by Constantinos Tsintas

Authorities are increasingly concerned by the continued growth of covid clusters that emerged in the minor football leagues and include high school pupils.

The health ministry today announced 17 new cases of coronavirus out 2,454 tests, raising the total number to 1772.

They include five cases that were detected through 449 samples of private initiative testing. One of them is an ASIL Lysis football player, a pupil.

Five cases were detected out of 173 samples through contact tracing. Three of them are connected to the Ethnikos Achnas football team cluster and one of them is a pupil.

Four cases were detected out of 232 samples in the framework of the Larnaca control programme of three thousand people. They include a high school girl and three cases connected to the Ethnikos Achnas cluster.

Two cases were confirmed out of 588 samples through the passenger and repatriation control programme and one cases was detected out of 382 samples in the framework of the Cyprus Football Association control programme.

The individual infected as an official of the Anagennisi Dheryneias football team.

Eleven people are being treated at the Famagusta General Hospital, four in the increased care unit. One patient is intubated at the Nicosia General intensive care unit.

 

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Shogo Sato

 Shogo Sato 

Competition Summer 2020

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Sackar on Lord Devlin

Out this month by Justice John Sackar (Supreme Court of New South Wales) is Lord Devlin with Hart Publishing. From the press:

Lord Devlin was a leading lawyer of his generation. Moreover, he was one of the most recognised figures in the judiciary, thanks to his role in the John Bodkin Adams trial and the Nyasaland Commission of Inquiry. It is hard then to believe that he retired as a Law Lord at a mere 58 years of age. This important book looks at the life, influences and impact of this most important judicial figure. Starting with his earliest days as a school boy before moving on to his later years, the author draws a compelling picture of a complex, brilliant man who would shape not just the law but society more generally in post-war Britain.

Further information is available here.

--Mitra Sharafi

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Memorable Writing From Our Friend Susan Rice

Yesterday I spent some quality time with Susan Rice, who died Monday. Here’s what happened:

I was sorting out some of the voluminous Sherlockian material that Carolyn Senter generously gave me recently. I’ve called it my inheritance from her late husband, Joel. One of the items that popped out at me was Susan Rice’s book called A Compound of Excelsior.

It’s an attractive little volume, published by Gasogene Press in 1991, with a line drawing of a bee on every page. Reading it is to engage with the brilliant mind of Susan Rice. Within a few pages, I was enthralled – even though I have no special interest in the topic of bees, beekeeping, or the literature thereof.

Susan was a wonderful writer – elegant, intelligent, and humorous. An excerpt will not do her justice, but I was particularly struck by these lines:

Only in the past decade or two have scientists become convinced she [the queen bee] mates many times, perhaps between ten and twenty. The queen bee may seem to us more mechanical than admirable, but it is impossible not to appreciate her achievement. For thousands of years she has kept what’s private, private.

But, of course, the book is as much about Sherlock Holmes as it is about bees. The central mystery of the book is why he retired so early. Susan found the solution in the preface to His Last Bow, where Watson mentions Holmes as “somewhat crippled by occasional attacks of rheumatism.” There it is – bee stings are well known to cure rheumatism! That’s why Holmes retired at a little shy of 50 years old, and why became a beekeeper.

Just seven months ago, Susan sent me a superb essay on Vincent Starrett’s “The Unique Hamlet” for a book I edited, which I hope will be published by the end of the year. Along with it, she supplied a short biography which is perhaps indicative of what she thought important about her life – especially its final sentence:

Susan Rice, ASH (“A Practical Handbook of Bee Culture, with Some Observations Upon the Segregation of the Queen”), BSI (“Beeswing”), first met Holmes and Watson 65 years ago, and eight years later attended her first scion meeting. Since then she’s been very active in the Sherlockian cosmos, writing roughly 70 papers for at least two dozen publications. She has spoken at various ASH and BSI Dinners and perhaps 30 conferences, including John Bennett Shaw symposia, Bob Thomalen’s Autumn in Baker Street, and Back to Baker Street, where she spoke at New Scotland Yard. Susan is the recipient of the Gaslight Award, the Morley-Montgomery Award, and the Musgrave Crown. She is the author of The Somnambulist and the Detective, about Vincent Starrett, and two other books.   She was among the first six women invested in the BSI in 1991, and 12 years later received her second shilling. Her greatest reward, however, is a life of lasting friendships.

For more of Susan Rice in her own words, click here for a link to an interview with Rob Nunn.

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Welcome the Newest Additions to the Belgian Royal Family: HRH Princess Delphine of Belgium and Her Children

HRH Princess Delphine of Belgium

The Brussels Court of Appeals has handed down its verdict in the case of Delphine (formerly Boël) and her father King Albert II. As of today, Delphine’s surname is “van Saksen-Coburg/de Saxe-Cobourg” (of Saxe-Coburg). Furthermore, the court has found that she is entitled to the Belgian royal title and style; thus, as of today, she will be known as Her Royal Highness Princess Delphine of Belgium. The children of Princess Delphine, Joséphine and Oscar O’Hare, have also gained the royal title and style through their descent from King Albert II. The three new members of the Belgian royal family are HRH Princess Delphine of Belgium, HRH Princess Joséphine of Belgium, and HRH Prince Oscar of Belgium. The princess and her children have not been given dynastic rights.

The attorney for Princess Delphine released this statement:

She is delighted with this court decision which ends a long process which is particularly painful for her and her family. A legal victory will never replace the love of a father but offers a feeling of justice, further reinforced by the fact that many children who have gone through the same ordeals will find the strength to face them.”

It is not every day that a reigning royal family gains three new members (aged 52, 16, and 12) all at once!

http://eurohistoryjournal.blogspot.com/2020/09/will-artist-formerly-known-as-delphine.html?m=0

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University of Pennsylvania Legal History Workshop, 2020-21

I am pleased to announce the 2020-21 lineup for the University of Pennsylvania Legal History Workshop:

October 1, 2020: Melissa Murray (New York University School of Law)
“Race-ing Roe: Reproductive Justice, Racial Justice, and the Battle for Roe v. Wade”

October 29, 2020: Sara McDougall (John Jay College of Criminal Justice)
“Judging Sex Crimes: Pregnancy and Punishment in Medieval France”

January 21, 2021: Franita Tolson (University of Southern California Gould School of Law).

March 4, 2021: Stephen Kantrowitz (University of Wisconsin, Madison)

March 25, 2021: Catherine Evans (University of Toronto)

April 8, 2021: Kate Masur (Northwestern University)

April 22, 2021: Sarah Milov (University of Virginia)

-- Karen Tani

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A Lost World? Jewish International Lawyers and New World Orders

[We have the following announcement.  The full--and footnoted--call is here.  DRE]

 Call for proposals: A Lost World?: Jewish International Lawyers and New World Orders (1917-1951)

The International Law Forum of the Faculty of Law at the Hebrew University of Jerusalem together with the Leibniz Institute for Jewish History and Culture –Simon Dubnow, at Leipzig and the Jacob Robinson Institute at the Hebrew University of Jerusalem are inviting proposals for papers to be presented at an international conference to be held mostly or partly online on 24-25 May 2021 (depending on the prevailing public health conditions). The conference will include invited speakers and other participants.

Theme.  The first half of the 20th century featured two dramatic attempts to construct New World Orders following the two World Wars. These attempts included the establishment of ambitious international governance frameworks in the form of the League of Nations, the Permanent Court of International Justice and the International Labor Organization after the First World War and the United Nations Organization, the International Court of Justice and the Bretton Woods System after the Second World War. In parallel with these developments, landmark agreements were reached resulting in a radical transformation of the Westphalian state system, and, in particular, with regard to the relationship between states, individuals and groups. These agreements included other major instruments such as the post-World War One minority treaties, the Slavery Convention (1926), the Kellogg-Briand Pact (1928), the Geneva Conventions of 1929 and 1949, the London Charter (1945), the Genocide Convention (1948), the Universal Declaration of Human Rights (1948) and the Refugees Convention (1951). It can be argued that the norms and institutions established in this dramatic period revolutionized international law in diverse fields, ranging from international human rights law, through international criminal law and international humanitarian law, to international economic law.

Recent years have seen a sharp increase in historical research describing the unique contribution of prominent Jewish international lawyers to the development of modern international law. Among the prominent publications belonging to this genre one can mention Philippe Sands’ East West Street, focusing on the life and work of Raphael Lemkin and Hersch Lauterpacht (2017), Gilad Ben-Nun’s book on the Fourth Geneva Convention which highlights the contribution of Georg Cohn, Georges Cahen-Salvador and Nissim Mevorah (2020), James Leoffler and Moria Paz’s edited volume on the Law of Strangers (2019), James Loeffler’s Rooted Cosmopolitans: Jews and Human Rights in the Twentieth Century (2018), Nathan Kurz’s, Jewish Internationalism and Human Rights after the Holocaust (2020) and Rotem Giladi’s publications on Israel and the Refugees and Genocide Convention (2015). A number of earlier works also touched upon multiple dimensions of the topic, including the contributions of prominent Jewish international lawyers, such as Hans Kelsen and Jacob Robinson, and on the relationship between the experience of being uprooted and interest in international law.

The conference seeks to invite lawyers, historian and academics from other relevant disciplines to take stock of this growing literature, that analyzes the contribution of Jewish international lawyers to the major developments in international law noted above, and to address the following questions: Can one truly speak of a “Jewish school” in international law? Or can one allude to a number of “Jewish schools” speaking in different voices? Can the contributions of Jewish international lawyers be distinguished from other contemporary trends shaped by migration and/or attachment to cosmopolitan ideals? If so, what are the main contours of this Jewish school(s)? How is it related to Jewish thought and experience generally or to the collective interests of the Jewish people in the relevant period? Does anything remain of this tradition in the 21st century? Has this tradition affected the approach to international law of Israel and international Jewish institutions? To what extent does the categorization of certain authors as “Jewish” do injustice to their own self identification as individuals or as nationals of specific countries? To what extent has the Jewish stance(s) toward international law changed since the creation of the State of Israel (and to what extent is there a Jewish-Israeli School (or schools) that are distinct from the Jewish school(s))? In particular, how may these questions be related to what some have seen as Israel’s skeptical stance towards many of the universal or cosmopolitan values articulated in the post-World War eras. Finally, can any contemporary lessons be drawn from this phenomenon and, if so, what are they?

Understanding the historic experience represented by the contribution of Jewish international lawyers in the period in question may also help researchers better understand contemporary attitudes towards international law as well as the feasibility of changing them.

The Call.  Researchers interested in addressing issues related to the themes of the conference are invited to respond to this call for papers with a 1-2-page proposal for an article and presentation, along with a brief CV. Proposals should be submitted by email to Mr. Tal Mimran, the coordinator of the International Law Forum (tal.mimran@mail.huji.ac.il) no later than 15 November 2020. Applicants should be notified of the committee's decision by 15 December 2020. Written contributions (of approx. 10-25 pages) based on the selected proposals should be submitted by 1  May 2021. The Israel Law Review (a Cambridge University Press publication) has expressed interest in publishing selected full length papers based on conference presentations, subject to its standard review and editing procedures.

Conference Academic Committee:
Eyal Benvenisti, Cambridge University/Hebrew University of Jerusalem
Tomer Broude, Hebrew University of Jerusalem
Dan Diner, Jabob Robinson Institute, Hebrew University
Elisabeth Gallas, Dubnow Institute
Rotem Giladi, Dubnow Institute
Philipp Graf, Dubnow Institute
Guy Harpaz, Hebrew University of Jerusalem
Moshe Hirsch, Hebrew University of Jerusalem
Yaël Ronen, Israel Law Review, Hebrew University of Jerusalem
Yuval Shany, Hebrew University of Jerusalem
Malcolm Shaw, Essex Court Chambers/Hebrew University of Jerusalem
Yfaat Weiss, Dubnow Institute

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Unit 1 - The Early Middle Ages

 Here you have the presentation we are going to use in class to summarise the UNIT.

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