The Judiciary in Territorially and Culturally Compound Systems: Organisation and Functions

International Workshop

7 and 8 May 2015
Versione stampabile

Venue: Faculty of Law, via Verdi, 53 - Trento - Sala Conferenze

This workshop, which is part of the PRIN Research Project “Jurisdiction and Pluralisms”, shall explore and discuss institutional and functional adaptations of the judiciary in situations of territorial and cultural diversity.

In its first part, indigenous peoples and federal systems shall be examined. The analysis of the impact of cultural diversity on the judiciary will focus on indigenous peoples in Australia and New Zealand (first panel), thus continuing the work done in seminars on North and Latin America. Normative criteria, as well as practices and convention shall be examined. The geographical focus regarding federal systems will be on Common Law Systems, on the Russian Federation as well as on Indonesia and Malaysia (second panel).

Two panels in the second part of the workshop shall explore reasons and practices of “reflective judiciary” (e.g. method of judicial recruitment, post-conflict situations and trust-building between groups, multi-ethnic or multi-national settings, multilingual situations…). A number of cases as well as cross-cutting and comparative studies will be presented in order to highlight the phenomenon of specific reflections of diversity in the exercise of the judicial function from different perspectives.

Speakers
  • Alfred C. Aman 
    (University of Indiana, Bloomington)
  • Claire Charters - participation via skype
    (University of Auckland)
  • Alex Fisher 
    (SOAS London)
  • Laura Hilly 
    (University of Oxford)
  • John Morrison 
    (Queen’s University Belfast)
  • Justice Debbie Mortimer 
    (Federal Court of Australia, Melbourne)
  • Jaclyn Ling Chien Neo 
    (National University of Singapore)
  • Cheryl Saunders
    (University of Melbourne)
  • Alexandra Troitskaya 
    (Faculty of Law, Lomonosov Moscow State University)
  • Roberto Toniatti 
    (University of Trento)
  • Aida Torres Pérez 
    (University Pompeu Fabra, Barcelona)
  • Jens Woelk 
    (University of Trento)
  • Alexandra Xanthaki 
    (Brunel University - London, UK)

Programme:

Thursday, 7 May 2015

9.30-13.00

Culturally Compound Systems: Judicial Autonomy of Indigenous Peoples

Alexandra Xanthaki (Brunel University, London)
The Universal Declaration of the Rights of Indigenous Peoples: Judicial Autonomy and Enforceability/Enforcement of Rights

Justice Debbie Mortimer (Federal Court of Australia, Melbourne)
Judicial Autonomy of Aboriginal Peoples in Australia

Claire Charters (University of Auckland) - (Partecipation via Skype)
Judicial Autonomy of Aboriginal Peoples in New Zealand

14.30-18.30

Territorially Compound States: Judicial Functions in Federal Systems

Cheryl Saunders (University of Melbourne)
The Organisation of the Judiciary in Common Law Federal Systems: a Comparative View

Alexandra Troitskaya (Faculty of Law, Lomonosov Moscow State University)
The Organisation of the Judiciary in the Russian Federation

Jaclyn Ling Chien Neo (National University of Singapore)
The Organisation of the Judiciary in Malaysia and Singapore

Friday, 8 May 2015

9.30-13.00

How is (or ought to be) Diversity Reflected in the Judiciary?

Fred Aman (University of Indiana, Bloomington)
Reflective Judiciary: Concept and Consequences

Laura Hilly (University of Oxford)
Diversity in the Judiciary – Report UK + South Africa

Alex Fischer (SOAS London)
Elements of Reflective Judiciary in India

John Morison (Queen’s University Belfast)
Post-Conflict Accomodation in Northern Ireland

Debate

14.30-18.30

Cheryl Saunders (University of Melbourne)
Foreign Judges: Pacific Islands and East Timor

Jens Woelk (University of Trento)
Ethnic Federalism, Constitutional Transition and Reflective Judiciary in South Eastern Europe

Aida Torres Pérez (University Pompeu Fabra, Barcelona)
International Judges

Debate

Diversity in the judiciary: Conclusive Remarks

  • Roberto Toniatti (University of Trento)

Scientific Coordination:

  • Roberto Toniatti
  • Jens Woelk
    Faculty of Law, University of Trento

Participation is free of charge, but advance registration is appreciated (see the Registration form in the box download).