Chapter 3 is a practical guide to advocacy at the International Criminal Court. It is divided into two parts: (1) advocacy within the litigation context, primarily on behalf of victims; and (2) work outside the litigation framework. The first part primarily focuses on victim advocacy, including: attaining counsel status; group versus individual representation; victim participation before and during trial; appeals; sentencing, and reparations. This first, litigation-oriented part also describes promoting prosecutions or investigations through the so-called ‘Article 15’ process and filing amicus curiae briefs in active cases. The second part of the chapter looks outside the courtroom. It offers instruction on conducting fieldwork, including locating victims/witnesses and connecting them to the ICC and counsel, and helping enable reparations. The chapter concludes with a primer on participating in the annual meeting of the ICC’s governing body, the Assembly of States Parties.
Connie de la Vega and Alen Mirza
This book provides a practical, experience-based guide for advocates using international institutions to remedy human rights violations. Since 1948, when the United Nations adopted the Universal Declaration of Human Rights, mechanisms for addressing human rights violations have multiplied. These mechanisms, covered in previous chapters, include UN Charter-based bodies, treaty-based organizations, regional institutions, and others. These bodies provide numerous methods for addressing human rights violations, from filing complaints to participating in meetings that result in resolutions and raising awareness about these violations. Each mechanism has its own admissibility requirements, which include accreditation, timeliness of claims, and exhaustion of remedies. For practitioners the maze of rules and institutions can be difficult to navigate. This Conclusion looks to help advocates think strategically about how best to maximize the institution’s intended effect of promoting human rights at all levels based on their specific advocacy goals and objectives. Advocates should note that isolated engagement with international institutions is rarely successful. The most effective use of the procedures outlined in this book is when they are thoughtfully integrated as part of a larger advocacy strategy that engages, when appropriate, governments, other NGOs, both grassroots and global, human rights victims, and the media. As such, advocates should treat these procedures as one tool among many to realize their intended human rights objectives. Furthermore, advocacy will not end at the international or regional level. Advocates should work towards ensuring that decisions in cases or resolutions or other outcome documents are meaningfully enforced or realized at the national level. Lastly, advocates should recognize that human rights are interdependent and interrelated. As noted in the UN Population Fund, ‘the fulfillment of one right often depends, wholly or in part, upon the fulfillment of others. For instance, fulfillment of the right to health may depend, in certain circumstances, on the fulfillment of the right to development, to education or to information’. Advocates, particularly those dedicated to a particular thematic concern, should think broadly about the various human rights standards impacted by the issues they pursue and the possible venues that would benefit from of their perspective.
International Corporate Compliance, Second Edition
This chapter provides an introduction to the fashion industry, its economics and the legal issues which it commonly faces. This includes an overview of the areas which are explored in the later chapters of the book such as intellectual property, franchising, licensing and distribution. It also considers the issues that are driving the industry forward such as sustainability and ethical fashion, e-commerce and fashion technology. It finishes with some suggestions on the practicalities associated with instructing a lawyer.
This chapter offers a concise and user friendly introduction to the different European legal and political structures and processes. It looks at everything from the European Parliament and Commission to the EU Customs Union and the European Economic Area. It particularly focuses on the Court of Justice for the European Union or CJEU and the General Court. It also includes an introduction to EU regulations and directives which it considers through the lens of trade mark and designs law. It does not talk about Brexit.
Brands are essential to the success of fashion businesses. Trade marks are a monopoly right which protects the brand on a territory-by-territory basis. This chapter introduces the important concepts within trade mark law, the types of trade mark which are available for the fashion industry and the sorts of legal issues that arise. The chapter gives particular attention to filing strategies and considers the international dimension, not just as far as the EU and its Member States are concerned but also in terms of the issues to watch out for in the US, Russia and the Middle East and in Asia, particularly in China.