Sarah M H Nouwen
Biographic Data
| ID | 4173525 |
|---|---|
| NAME | Sarah M H Nouwen |
| GIVEN NAMES | Sarah M H |
| FAMILY NAME | Nouwen |
| SIGNATURE | NOUWEN S M H |
| AFFILIATIONS | Professor of Public International Law, European University Institute, Florence, Italy |
| VERIFIED | No |
| TOTAL WORKS | 17 |
| TOTAL CITATIONS | 20 |
| AUTHOR COUNT | 16 |
| EDITOR COUNT | 1 |
| FIRST PUBLICATION YEAR | 2005 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 2 |
Of Legal Cars Leaving Political Factories
This chapter covers three journeys of law and politics. We begin with a trip to an event organized to promote an International Criminal Court bill in Uganda, during which I met Pål Wrange as a courageous driver and top-class doctrinal scholar. The main journey is that of a special War Crimes Court, which travelled away from the peace agreement that had given rise to it. Although the travellers presented it as law leaving politics behind, they in …
‘On my way out … for real!’ A Conversation with Joseph H.H. Weiler on the Occasion of His Stepping Down as Ejil Editor in Chief
He was born in Girona, Spain.Although everybody thinks of the expulsion in 1492, the actual cataclysmic event was 1391, when in the whole of Spain with the exception of Aragon, there was a huge massacre of the Jews.Joseph Halevi escaped from Girona with his family in 1391, moving to Moravia, to a little town that still exists, Huruvica.So, he became Joseph Halevi de Huruvica and then Joseph Halevi Horowitz.A hundred years later, they moved to Pol…
Introduction: International Law and Inequalities
Equality is both a premise and a promise (or at least much lip service is paid to such) of today’s international law. Customary international law and instruments such as the United Nations Charter, the Universal Declaration of Human Rights and other foundational treaties of the multilateral system are premised on the equality of states, the right to self-determination and the fundamental equality of human beings. With the era of decolonization, i…
The Politics of Global Lawmaking: A Conversation
Published: 04 February 2022
A Transatlantic Symposium on the Restatement (Fourth)
To a beginning lawyer trained outside the USA, it can be a memorable moment of curiosity: what is that thing that US-based authors or US courts cite as if it were part of the canon of legal holy books: what is a ‘restatement’?1 Moreover, what is ‘foreign relations law’ and how does it relate to international law? Even if these questions linger on, one quickly learns that the Restatement of the Law: The Foreign Relations Law of the United States i…
The Restatement (Fourth): An Interview with One of the Two Co-ordinating Reporters
Paul, an icebreaker, and tongue in cheek: Why ‘Restatement Fourth’ rather than ‘Fourth Restatement’? Is this book so special that it can override ordinarily applicable grammatical rules? This is the custom of the American Law Institute (ALI), which we honour. One might note that on this particular point, our 2020 book reflecting on the Restatement does follow ordinary usage rather than ALI practice.1 To observers from outside US law circles, the …
The necessary indeterminacy of self‐determination: Politics, law and conflict in the Horn of Africa
This article frames a themed collection on Nationalism and Self‐determination in the Horn of Africa. It demonstrates how the praxis of self‐determination in the Horn of Africa has contributed to normative developments. On the basis of case studies of Eritrea, Ethiopia, Somalia and Sudan/South Sudan this article argues that nationalism and self‐determination have had different meanings in the political cultures across the different countries and h…
The Oxford Handbook of International Criminal Law
In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. This book, however, takes a theoretically informed and refreshingly crit…
International Commissions of Inquiry: What Difference Do They Make? Taking an Empirical Approach
Introducing a symposium on the question of what difference international commissions of inquiry (COIs) make, this article frames the debate methodologically and theoretically. COIs have become a common feature of responses to issues of international concern. While aspects of their work have received substantial scholarly attention, less is known about the concrete, case-specific effects of past COIs. This symposium therefore encourages empirical …
International Criminal Law: Theory All Over the Place
This chapter discusses the different theories employed in the field of international criminal law, which is now increasingly supported by theory. Case theories were developed after events had taken place; operational theories were produced to match complex facts; foundational theories were created to justify existing practices; external theories tried to make sense of the phenomenon of international criminal law as it had been observed; and so di…
Leaving Legacies Open-Ended: An Invitation for an Inclusive Debate on International Criminal Justice
As a response to the Symposium on the International Criminal Tribunals for the former Yugoslavia and Rwanda published by the American Journal of International Law on the occasion of the tribunals’ closure, this AJIL Unbound Symposium intends to broaden the debate on the “legacies” of those courts. The AJIL Symposium contains articles on the creation of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Crim…
Speaking of Legacy: Toward an Ethos of Modesty at the International Criminal Tribunal for Rwanda
Pour qu’un héritage soit réellement grand, il faut que la main du défunt ne se voie pas. In 2014, a year of memorial ceremonies commemorating the twentieth anniversary of the Rwandan genocide, the International Criminal Tribunal for Rwanda (ICTR) marked its own twentieth year with the launch of a “legacy website.” With the closing of the Tribunal scheduled for December 2015, the question of its legacy had become increasingly pressing. The website…
As You Set out for Ithaka: Practical, Epistemological, Ethical, and Existential Questions about Socio-Legal Empirical Research in Conflict
This is the story behind another story. Inspired by the anthropological practice of reflexivity, it traces some practical, epistemological, ethical, and existential questions behind a book based on empirical socio-legal research into international criminal law in situations of conflict. The challenges involved in such research are at times impossible to overcome. Indeed, the challenges may be such that the researcher will never be able to answer …
Complementarity in the Line of Fire: The Catalysing Effect of the International Criminal Court in Uganda and Sudan
Justifying justice
Until lions have their own historians, tales of the hunt shall always glorify the hunter. (Ibo proverb)
Combining Ownership and Neutrality in the Prosecution of International Crimes: Theory and Reality of Mixed Tribunals
Mixed tribunals, a new type of courts prosecuting international crimes, have been welcomed with the assertion that they combine the neutrality of international courts and the ownership of domestic courts. Examining the current examples of mixed courts in Kosovo, East Timor, Sierra Leone, Cambodia and Bosnia and Herzegovina this article reveals, however, that it is problematic to ascribe this potential to mixed tribunals as a category. The categor…
The Special Court for Sierra Leone and the Immunity of Taylor: The Arrest Warrant Case Continued
In its Taylor decision the Special Court for Sierra Leone denied immunity ratione personae to the, at the time of the indictment, President of Liberia. This article first analyzes the legal reasoning of that decision. The Court's finding that it is an international court is approved; the consequence it attaches to that finding is criticized. The decision is then presented as an illustration of the negative consequences of relying upon controversi…
As You Set out for Ithaka: Practical, Epistemological, Ethical, and Existential Questions about Socio-Legal Empirical Research in Conflict
This is the story behind another story. Inspired by the anthropological practice of reflexivity, it traces some practical, epistemological, ethical, and existential questions behind a book based on empirical socio-legal research into international criminal law in situations of conflict. The challenges involved in such research are at times impossible to overcome. Indeed, the challenges may be such that the researcher will never be able to answer …
The necessary indeterminacy of self‐determination: Politics, law and conflict in the Horn of Africa
This article frames a themed collection on Nationalism and Self‐determination in the Horn of Africa. It demonstrates how the praxis of self‐determination in the Horn of Africa has contributed to normative developments. On the basis of case studies of Eritrea, Ethiopia, Somalia and Sudan/South Sudan this article argues that nationalism and self‐determination have had different meanings in the political cultures across the different countries and h…
International Commissions of Inquiry: What Difference Do They Make? Taking an Empirical Approach
Introducing a symposium on the question of what difference international commissions of inquiry (COIs) make, this article frames the debate methodologically and theoretically. COIs have become a common feature of responses to issues of international concern. While aspects of their work have received substantial scholarly attention, less is known about the concrete, case-specific effects of past COIs. This symposium therefore encourages empirical …
Speaking of Legacy: Toward an Ethos of Modesty at the International Criminal Tribunal for Rwanda
Pour qu’un héritage soit réellement grand, il faut que la main du défunt ne se voie pas. In 2014, a year of memorial ceremonies commemorating the twentieth anniversary of the Rwandan genocide, the International Criminal Tribunal for Rwanda (ICTR) marked its own twentieth year with the launch of a “legacy website.” With the closing of the Tribunal scheduled for December 2015, the question of its legacy had become increasingly pressing. The website…
The Special Court for Sierra Leone and the Immunity of Taylor: The Arrest Warrant Case Continued
In its Taylor decision the Special Court for Sierra Leone denied immunity ratione personae to the, at the time of the indictment, President of Liberia. This article first analyzes the legal reasoning of that decision. The Court's finding that it is an international court is approved; the consequence it attaches to that finding is criticized. The decision is then presented as an illustration of the negative consequences of relying upon controversi…
The Politics of Global Lawmaking: A Conversation
Published: 04 February 2022
The Special Court for Sierra Leone and the Immunity of Taylor: The Arrest Warrant Case Continued
In its Taylor decision the Special Court for Sierra Leone denied immunity ratione personae to the, at the time of the indictment, President of Liberia. This article first analyzes the legal reasoning of that decision. The Court's finding that it is an international court is approved; the consequence it attaches to that finding is criticized. The decision is then presented as an illustration of the negative consequences of relying upon controversi…
Combining Ownership and Neutrality in the Prosecution of International Crimes: Theory and Reality of Mixed Tribunals
Mixed tribunals, a new type of courts prosecuting international crimes, have been welcomed with the assertion that they combine the neutrality of international courts and the ownership of domestic courts. Examining the current examples of mixed courts in Kosovo, East Timor, Sierra Leone, Cambodia and Bosnia and Herzegovina this article reveals, however, that it is problematic to ascribe this potential to mixed tribunals as a category. The categor…
Justifying justice
Until lions have their own historians, tales of the hunt shall always glorify the hunter. (Ibo proverb)
Complementarity in the Line of Fire: The Catalysing Effect of the International Criminal Court in Uganda and Sudan
As You Set out for Ithaka: Practical, Epistemological, Ethical, and Existential Questions about Socio-Legal Empirical Research in Conflict
This is the story behind another story. Inspired by the anthropological practice of reflexivity, it traces some practical, epistemological, ethical, and existential questions behind a book based on empirical socio-legal research into international criminal law in situations of conflict. The challenges involved in such research are at times impossible to overcome. Indeed, the challenges may be such that the researcher will never be able to answer …
International Criminal Law: Theory All Over the Place
This chapter discusses the different theories employed in the field of international criminal law, which is now increasingly supported by theory. Case theories were developed after events had taken place; operational theories were produced to match complex facts; foundational theories were created to justify existing practices; external theories tried to make sense of the phenomenon of international criminal law as it had been observed; and so di…
Leaving Legacies Open-Ended: An Invitation for an Inclusive Debate on International Criminal Justice
As a response to the Symposium on the International Criminal Tribunals for the former Yugoslavia and Rwanda published by the American Journal of International Law on the occasion of the tribunals’ closure, this AJIL Unbound Symposium intends to broaden the debate on the “legacies” of those courts. The AJIL Symposium contains articles on the creation of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Crim…
Speaking of Legacy: Toward an Ethos of Modesty at the International Criminal Tribunal for Rwanda
Pour qu’un héritage soit réellement grand, il faut que la main du défunt ne se voie pas. In 2014, a year of memorial ceremonies commemorating the twentieth anniversary of the Rwandan genocide, the International Criminal Tribunal for Rwanda (ICTR) marked its own twentieth year with the launch of a “legacy website.” With the closing of the Tribunal scheduled for December 2015, the question of its legacy had become increasingly pressing. The website…
International Commissions of Inquiry: What Difference Do They Make? Taking an Empirical Approach
Introducing a symposium on the question of what difference international commissions of inquiry (COIs) make, this article frames the debate methodologically and theoretically. COIs have become a common feature of responses to issues of international concern. While aspects of their work have received substantial scholarly attention, less is known about the concrete, case-specific effects of past COIs. This symposium therefore encourages empirical …
The Oxford Handbook of International Criminal Law
In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. This book, however, takes a theoretically informed and refreshingly crit…
The Politics of Global Lawmaking: A Conversation
Published: 04 February 2022
A Transatlantic Symposium on the Restatement (Fourth)
To a beginning lawyer trained outside the USA, it can be a memorable moment of curiosity: what is that thing that US-based authors or US courts cite as if it were part of the canon of legal holy books: what is a ‘restatement’?1 Moreover, what is ‘foreign relations law’ and how does it relate to international law? Even if these questions linger on, one quickly learns that the Restatement of the Law: The Foreign Relations Law of the United States i…
The Restatement (Fourth): An Interview with One of the Two Co-ordinating Reporters
Paul, an icebreaker, and tongue in cheek: Why ‘Restatement Fourth’ rather than ‘Fourth Restatement’? Is this book so special that it can override ordinarily applicable grammatical rules? This is the custom of the American Law Institute (ALI), which we honour. One might note that on this particular point, our 2020 book reflecting on the Restatement does follow ordinary usage rather than ALI practice.1 To observers from outside US law circles, the …
The necessary indeterminacy of self‐determination: Politics, law and conflict in the Horn of Africa
This article frames a themed collection on Nationalism and Self‐determination in the Horn of Africa. It demonstrates how the praxis of self‐determination in the Horn of Africa has contributed to normative developments. On the basis of case studies of Eritrea, Ethiopia, Somalia and Sudan/South Sudan this article argues that nationalism and self‐determination have had different meanings in the political cultures across the different countries and h…
Introduction: International Law and Inequalities
Equality is both a premise and a promise (or at least much lip service is paid to such) of today’s international law. Customary international law and instruments such as the United Nations Charter, the Universal Declaration of Human Rights and other foundational treaties of the multilateral system are premised on the equality of states, the right to self-determination and the fundamental equality of human beings. With the era of decolonization, i…
‘On my way out … for real!’ A Conversation with Joseph H.H. Weiler on the Occasion of His Stepping Down as Ejil Editor in Chief
He was born in Girona, Spain.Although everybody thinks of the expulsion in 1492, the actual cataclysmic event was 1391, when in the whole of Spain with the exception of Aragon, there was a huge massacre of the Jews.Joseph Halevi escaped from Girona with his family in 1391, moving to Moravia, to a little town that still exists, Huruvica.So, he became Joseph Halevi de Huruvica and then Joseph Halevi Horowitz.A hundred years later, they moved to Pol…
Of Legal Cars Leaving Political Factories
This chapter covers three journeys of law and politics. We begin with a trip to an event organized to promote an International Criminal Court bill in Uganda, during which I met Pål Wrange as a courageous driver and top-class doctrinal scholar. The main journey is that of a special War Crimes Court, which travelled away from the peace agreement that had given rise to it. Although the travellers presented it as law leaving politics behind, they in …
Political science (14 works) · Sociology (12 works) · International Law and Human Rights (11 works) · Law (9 works) · Law (9 works) · Politics (6 works) · International law (5 works) · International Arbitration and Investment Law (4 works) · Law and economics (4 works) · Philosophy (4 works)