Publication Type: Poster
Abstract: This poster presentation illustrates the findings of a research project, funded by the Nuffield Foundation, that examines the role of precedent and reporting in the United Kingdom’s tribunal system. The presenter conducted qualitative interviews with the Tribunal Presidents of the major tribunals in the UK and with advice service respondents across the main tribunal jurisdictions. The research was carried out during the passage of the Tribunals, Courts and Enforcement Bill 2007; reforming legislation that will create a new unified tribunal structure. The legislation carries forward a radical vision of the tribunal system and reflects the most comprehensive reform of it since the 1950s.
However, the legislation is silent on the methods and role of generating precedental decisions from the tribunal sector. How are such decisions actually constructed and who selects them? Is the adoption of so-called ‘factual precedents’ within the Immigration and Asylum jurisdiction a methodology that could be adopted across the whole of the tribunal sector? How does the doctrine of precedent operate within the tribunal system as opposed to ordinary courts? How are decisions reported at present and how should this be developed in the future? What are the constitutional issues underlying the process of generating caselaw within the tribunal sector? What will be the future role of the new ‘Upper Tribunal’ in the reformed system? For further background, see Buck, T, ‘Precedent in Tribunals and the Development of Principles’ (2006) 25(4) Civil Justice Quarterly 458-484.

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: In recent years women's activists have worked hard to add a gender dimension to the workings of emerging international institutions including the UN ad hoc tribunals on the former Yugoslavia and Rwanda and the International Criminal Court. Through their efforts they have made some significant advances in bringing to light the complex, diverse and unique aspects of women's lives previously ignored in international criminal and humanitarian law. Advances include: the recognition of sexual violence as a grave breach of international law relating to war crimes, crimes against humanity and genocide; the redefinition of the crime of rape and the acknowledgment of gender as a basis for persecution. Feminist pressure has also helped to encourage an acceptance of the representation of women and gender interests within the ICC. Although there is still much to be done, feminist activists have demonstrated that there is a place for 'women's interests' under international law and that by taking these interests into account can make a real difference to women's lives in times of conflict.

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: My paper examines the failure of UN transitional missions to develop the capacity of East Timor’s defence counsel during its hybrid court Serious Crimes Process from 2000 to 2005. In keeping with changes in UN peace-keeping operations policy, UN Transitional Authority in East Timor and its successor missions were given a responsibility to develop the capacity of judicial institutions in East Timor. One of the rationales behind the move from fully international courts to mixed domestic/international criminal courts is that involvement of local lawyers and judges will help develop their professional abilities as they learn from their more experienced international counterparts. While it had a level of success in developing prosecutorial capacity and the skills of judges, the UN failed completely in relation to defence counsel. My paper examines the nature of this failure. I argue that the failure to develop defence capacity is due to an omission to provide adequate personnel and the alienation of local lawyers from the defence process. Furthermore, I argue that the prioritization of the short-term political goals of transitional justice which emphasise a prosecution-driven speedy series of trials and where fairness is a secondary concern has taken precedence over a more long-term approach which would emphasise the need to use the trials to demonstrate how high standard fair trials operate and to develop the professional abilities of local lawyers. My paper will conclude by suggesting how the UN should alter its approach if their commitment on paper to capacity-building in hybrid courts is to be realised

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: The past decade we have witnessed a proliferation of international criminal tribunals. Their proceedings are governed by a very rudimentary legal framework, certainly compared to domestic criminal justice systems. As a result, the participants in international criminal proceedings have a large discretionary freedom as to their role perception and role performance. The paper discusses –among other things- three issues:
· The objectives of international criminal trials remain uncertain; as a result, no clear choice for a model of criminal procedure –accusatorial v. inquisitorial- has yet been made.
· Participants in international criminal trials come from all legal systems in the world and have difficulty in dissociating themselves fully from these systems.
· Pre-trial investigation tends to be relegated to national systems; however, international criminal tribunals carry the responsibility for the fairness of the trial. What consequences should this have for the conduct of participants in these trials?

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This paper is based on the results of ongoing research project on the experiences of unrepresented appellants in five tribunals: criminal injury appeal panels (UK), employment tribunals (UK), social security tribunals (UK), special educational needs and disability tribunals (England) and additional support needs tribunals (Scotland). This research, which involves a telephone survey of 1,000 tribunal users, observation of 80 tribunal hearings, and post-hearing interviews with tribunal users, chairmen and members, and with the President and Chief Executive of the five tribunals in the study is attempting to:

• compare the experiences of litigants who handle their appeal without any help with those who obtain pre-hearing advice but are not represented at the hearing and those who are represented (by various types of representative);

• establish how each of the three groups of litigants prepares for their appeal, what their expectations are and how their experience of appealing matches their expectations;

• identify the effects of socio-economic and other variables on how litigants handle their appeal;

The paper attempts, first, to assess the effects of representation on tribunal procedure and the ways in which tribunal chairmen and members compensate for its absence and, second, to determine what can be done to make tribunals more ‘user-friendly’ and to make it easier for litigants to represent themselves. It will conclude by assessing whether justice can be achieved in the absence of representation, and, if so, how tribunal procedures will need to change to make this possible.