Michael Ramsden
Biographic Data
| ID | 5578477 |
|---|---|
| NAME | Michael Ramsden |
| GIVEN NAMES | Michael |
| FAMILY NAME | Ramsden |
| SIGNATURE | RAMSDEN M |
| AFFILIATIONS | Chinese University of Hong Kong |
| VERIFIED | No |
| TOTAL WORKS | 11 |
| TOTAL CITATIONS | 7 |
| WORKS AS AUTHOR | 11 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2011 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 1 |
Anxious Scrutiny in Hong Kong Administrative Law
‘Anxious scrutiny’ has become one of the most used terms within the lexicon of judicial review throughout the common law world, including Hong Kong, yet surprisingly remains understudied in the scholarly literature. In contrast to the considerable body of literature on substantive review of discretion in relation to proportionality and Wednesbury unreasonableness as rival standards of review, there is still much to explore in relation to the foun…
Same‐Sex Unions in Hong Kong and the Misuse of Comparative Law
In 2023, the Hong Kong Court of Final Appeal (CFA) handed down a significant decision requiring the creation of an alternative legal framework to recognise same‐sex unions. The judgment marked the culmination of two decades of strategic litigation challenging various forms of sexual orientation discrimination in Hong Kong, yet it fell short of recognising same‐sex marriage. The CFA's rejection was based upon an originalist construction of the Hon…
Strategic Litigation before the International Court of Justice
Strategic litigation, a form of litigation brought with the goal to stimulate structural change, is a growing practice in international courts. Although there has been increased scholarly attention on these trends, it has yet to consider the impact arising from strategic litigation before the International Court of Justice (ICJ). This article outlines a basic structure to evaluate the impact of ICJ strategic litigation. It does so generally and t…
The Crime of Genocide in General Assembly Resolutions
The past decade has seen increased scholarly attention on the practice and latent potential of the United Nations General Assembly (‘Assembly’) to secure accountability for atrocity crimes. This increased focus has arisen primarily due to growing frustration over permanent member deadlock in the Security Council in the face of documented atrocities. One aspect of this nascent research agenda yet to be analysed is the invocation of the crime of ge…
Uniting Against Impunity
This article evaluates the role of the UN General Assembly (‘UNGA’) and its subsidiary organs in acting as a catalyst for action at the International Criminal Court (‘ICC’). The power of the UN Security Council (‘UNSC’) to make a referral to the ICC has been increasingly challenged in recent years, due to the perceived misuse of the veto by permanent members and general failings to enforce international criminal law in the face of documented atro…
Head of State Immunity and the Rome Statute
The scope and effect of the Head of State immunity doctrine before the International Criminal Court has prompted much discussion following the 2011 decision of the first Pre-Trial Chamber concerning the immunity of serving Sudanese President, Omar Al Bashir. The ptc I held that, as a matter of customary international law, there existed an exception to Head of State immunity where such official is sought by an international court with jurisdiction…
Reasonable Grounds to Believe’
Under Article 58(1) of the Rome Statute of the International Criminal Court (ICC), should the prosecutor present information that meets, inter alia, the evidentiary threshold of ‘reasonable grounds to believe’ that the person has committed a crime within the jurisdiction of the ICC, as well as the other conditions set out in Article 58, the Pre-Trial Chamber issues a warrant of arrest. Following a critical assessment of the interpretations given …
Same-sex marriage in Hong Kong
Following a landmark ruling of Hong Kong's Court of Final Appeal, there is good reason to believe that a future challenge to legislation restricting marriage to opposite sex couples will be successful. Through the lens of W v. Registrar of Marriages, this article argues that the right to marry in Hong Kong is to be understood as an evolving concept and subject to a living interpretation by the courts. The government's argument that the courts sho…
The Politicisation of Hybrid Courts
The use of ‘hybrid’ tribunals as a means to secure accountability for international crimes seeks to combine national ownership over the trials whilst providing a framework for the inclusion of international standards and personnel in the proceedings. The Extraordinary Chambers in the Courts of Cambodia (ECCC) represents one such hybrid experiment. Yet the ECCC has faced recurring allegations of political interference. These allegations are substa…
The 'Right to Work' of Refugees in Hong Kong
The Hong Kong government has a policy that prohibits refugees from working unless they are able to demonstrate ‘exceptional circumstances’. The government has applied this policy strictly on the grounds of Hong Kong’s ‘unique circumstances’ and the danger of enticing large numbers of ‘illegal immigrants’ to the territory. So far only a single refugee has been granted permission to work, raising questions about the policy’s reasonableness and the …
Joint Criminal Enterprise
The doctrine of Joint Criminal Enterprise (JCE), which imposes individual criminal responsibility on an accused for their participation in a group's common criminal plan, rose to prominence in the ICTY Appeal Chamber decision, Prosecutor v. Tadić. Since Tadić, there has been a general reluctance by international ad hoc tribunals to review the legal foundation of JCE. However, on 20 May 2010, the ECCC Pre-Trial Chamber (PTC) considered the applica…
Same‐Sex Unions in Hong Kong and the Misuse of Comparative Law
In 2023, the Hong Kong Court of Final Appeal (CFA) handed down a significant decision requiring the creation of an alternative legal framework to recognise same‐sex unions. The judgment marked the culmination of two decades of strategic litigation challenging various forms of sexual orientation discrimination in Hong Kong, yet it fell short of recognising same‐sex marriage. The CFA's rejection was based upon an originalist construction of the Hon…
Strategic Litigation before the International Court of Justice
Strategic litigation, a form of litigation brought with the goal to stimulate structural change, is a growing practice in international courts. Although there has been increased scholarly attention on these trends, it has yet to consider the impact arising from strategic litigation before the International Court of Justice (ICJ). This article outlines a basic structure to evaluate the impact of ICJ strategic litigation. It does so generally and t…
Uniting Against Impunity
This article evaluates the role of the UN General Assembly (‘UNGA’) and its subsidiary organs in acting as a catalyst for action at the International Criminal Court (‘ICC’). The power of the UN Security Council (‘UNSC’) to make a referral to the ICC has been increasingly challenged in recent years, due to the perceived misuse of the veto by permanent members and general failings to enforce international criminal law in the face of documented atro…
Head of State Immunity and the Rome Statute
The scope and effect of the Head of State immunity doctrine before the International Criminal Court has prompted much discussion following the 2011 decision of the first Pre-Trial Chamber concerning the immunity of serving Sudanese President, Omar Al Bashir. The ptc I held that, as a matter of customary international law, there existed an exception to Head of State immunity where such official is sought by an international court with jurisdiction…
Same-sex marriage in Hong Kong
Following a landmark ruling of Hong Kong's Court of Final Appeal, there is good reason to believe that a future challenge to legislation restricting marriage to opposite sex couples will be successful. Through the lens of W v. Registrar of Marriages, this article argues that the right to marry in Hong Kong is to be understood as an evolving concept and subject to a living interpretation by the courts. The government's argument that the courts sho…
The Politicisation of Hybrid Courts
The use of ‘hybrid’ tribunals as a means to secure accountability for international crimes seeks to combine national ownership over the trials whilst providing a framework for the inclusion of international standards and personnel in the proceedings. The Extraordinary Chambers in the Courts of Cambodia (ECCC) represents one such hybrid experiment. Yet the ECCC has faced recurring allegations of political interference. These allegations are substa…
Joint Criminal Enterprise
The doctrine of Joint Criminal Enterprise (JCE), which imposes individual criminal responsibility on an accused for their participation in a group's common criminal plan, rose to prominence in the ICTY Appeal Chamber decision, Prosecutor v. Tadić. Since Tadić, there has been a general reluctance by international ad hoc tribunals to review the legal foundation of JCE. However, on 20 May 2010, the ECCC Pre-Trial Chamber (PTC) considered the applica…
Joint Criminal Enterprise
The doctrine of Joint Criminal Enterprise (JCE), which imposes individual criminal responsibility on an accused for their participation in a group's common criminal plan, rose to prominence in the ICTY Appeal Chamber decision, Prosecutor v. Tadić. Since Tadić, there has been a general reluctance by international ad hoc tribunals to review the legal foundation of JCE. However, on 20 May 2010, the ECCC Pre-Trial Chamber (PTC) considered the applica…
The 'Right to Work' of Refugees in Hong Kong
The Hong Kong government has a policy that prohibits refugees from working unless they are able to demonstrate ‘exceptional circumstances’. The government has applied this policy strictly on the grounds of Hong Kong’s ‘unique circumstances’ and the danger of enticing large numbers of ‘illegal immigrants’ to the territory. So far only a single refugee has been granted permission to work, raising questions about the policy’s reasonableness and the …
The Politicisation of Hybrid Courts
The use of ‘hybrid’ tribunals as a means to secure accountability for international crimes seeks to combine national ownership over the trials whilst providing a framework for the inclusion of international standards and personnel in the proceedings. The Extraordinary Chambers in the Courts of Cambodia (ECCC) represents one such hybrid experiment. Yet the ECCC has faced recurring allegations of political interference. These allegations are substa…
Reasonable Grounds to Believe’
Under Article 58(1) of the Rome Statute of the International Criminal Court (ICC), should the prosecutor present information that meets, inter alia, the evidentiary threshold of ‘reasonable grounds to believe’ that the person has committed a crime within the jurisdiction of the ICC, as well as the other conditions set out in Article 58, the Pre-Trial Chamber issues a warrant of arrest. Following a critical assessment of the interpretations given …
Same-sex marriage in Hong Kong
Following a landmark ruling of Hong Kong's Court of Final Appeal, there is good reason to believe that a future challenge to legislation restricting marriage to opposite sex couples will be successful. Through the lens of W v. Registrar of Marriages, this article argues that the right to marry in Hong Kong is to be understood as an evolving concept and subject to a living interpretation by the courts. The government's argument that the courts sho…
Head of State Immunity and the Rome Statute
The scope and effect of the Head of State immunity doctrine before the International Criminal Court has prompted much discussion following the 2011 decision of the first Pre-Trial Chamber concerning the immunity of serving Sudanese President, Omar Al Bashir. The ptc I held that, as a matter of customary international law, there existed an exception to Head of State immunity where such official is sought by an international court with jurisdiction…
Uniting Against Impunity
This article evaluates the role of the UN General Assembly (‘UNGA’) and its subsidiary organs in acting as a catalyst for action at the International Criminal Court (‘ICC’). The power of the UN Security Council (‘UNSC’) to make a referral to the ICC has been increasingly challenged in recent years, due to the perceived misuse of the veto by permanent members and general failings to enforce international criminal law in the face of documented atro…
The Crime of Genocide in General Assembly Resolutions
The past decade has seen increased scholarly attention on the practice and latent potential of the United Nations General Assembly (‘Assembly’) to secure accountability for atrocity crimes. This increased focus has arisen primarily due to growing frustration over permanent member deadlock in the Security Council in the face of documented atrocities. One aspect of this nascent research agenda yet to be analysed is the invocation of the crime of ge…
Strategic Litigation before the International Court of Justice
Strategic litigation, a form of litigation brought with the goal to stimulate structural change, is a growing practice in international courts. Although there has been increased scholarly attention on these trends, it has yet to consider the impact arising from strategic litigation before the International Court of Justice (ICJ). This article outlines a basic structure to evaluate the impact of ICJ strategic litigation. It does so generally and t…
Anxious Scrutiny in Hong Kong Administrative Law
‘Anxious scrutiny’ has become one of the most used terms within the lexicon of judicial review throughout the common law world, including Hong Kong, yet surprisingly remains understudied in the scholarly literature. In contrast to the considerable body of literature on substantive review of discretion in relation to proportionality and Wednesbury unreasonableness as rival standards of review, there is still much to explore in relation to the foun…
Same‐Sex Unions in Hong Kong and the Misuse of Comparative Law
In 2023, the Hong Kong Court of Final Appeal (CFA) handed down a significant decision requiring the creation of an alternative legal framework to recognise same‐sex unions. The judgment marked the culmination of two decades of strategic litigation challenging various forms of sexual orientation discrimination in Hong Kong, yet it fell short of recognising same‐sex marriage. The CFA's rejection was based upon an originalist construction of the Hon…
Political science (11 works) · Law (8 works) · Law (8 works) · International Law and Human Rights (6 works) · Sociology (6 works) · International law (5 works) · Global Peace and Security Dynamics (4 works) · Asian Geopolitics and Ethnography (3 works) · Criminology (3 works) · European and International Law Studies (3 works)