University of San Diego
School of Law
Joan B. Kroc Institute for Peace & Justice
Hebrew University of Jerusalem
Faculty of Law
University of Cambridge
Public Law Centre
International Association of Judicial Independence and World Peace
International Project on judicial independence
International Conference on Judicial Independence:
Rule of Law and World Peace
San Diego 9-10 August 2013
Co Chairs
Professor Maimon Schwarzschild, Faculty of Law, University of San Diego
Professor Shimon Shetreet, Greenblatt Professor of Public and International Law, Hebrew University of Jerusalem, past Director, Sacher Institute of Comparative Law
Local Organizing Comittee
Professor Maimon Schwarzschild, University of San Diego
Professor Shimon Shetreet, Greenblatt Professor of Public and International Law, Hebrew University of Jerusalem, past Director, Sacher Institute of Comparative Law
Professor Stephen C. Ferruolo, Dean of Law School, University of San Diego.
Professor Dr. Edward C. Luck, dean of the Joan B. Kroc School of Peace Studies, University of San Diego.
Friday, August 9, 2013
3:00–5:20 p.m.: On-campus lodging check-in – Hospitality Services office 5:20 p.m.: Transport to Warren Hall (campus tram pick-up in front of lodging)
5:30–7:00 p.m.: Opening Session — Warren Hall (School of Law) 2A
Welcome: Stephen C. Ferruolo, Dean, USD School of Law
Edward Luck, Dean, USD School of Peace Studies Opening Remarks
Maimon Schwarzschild, Professor of Law, USD School of Law, Conference Co-Chair
Shimon Shetreet, Greenblatt Professor of International and Public Law, Faculty of Law,
Hebrew University of Jerusalem, General Coordinator of the International Project of Judicial Independence, Conference Co-Chair
Neil H. Andrews, Professor of Civil Justice and Private Law, University of Cambridge
Keynote Speech: The Scope of Judicial Review and the Rule of Law: Between Judicial Restraint and Judicial Activism
Sir Louis Blom-Cooper Q.C., Bencher of the Middle Temple; Deputy High Court Judge London
7:00–8:30 p.m.: Reception (Warren Hall Lobby)
8:30 p.m.: Transport to lodging (campus tram)
Saturday, August 10, 2013
9:00 a.m.: Transport to Warren Hall 2A (campus tram pick-up in front of lodging)
9:15–10:45 a.m.: Judicial Independence, Rule of Law and World Peace
Session Chair: Walter H. Rechberger, Head of the Department of Civil Procedure, Institut für Zivilverfahrensrecht, Vienna University
Judicial Independence and the Rule of Law: Transnational Conundrum
Judicial Independence to Assist in Announcing the Rule of Law: A Structure to Emphasize the Democratic Process Which Could Lead to a More Peaceful Climate
The Honorable J. Clifford Wallace, U.S. Court of Appeals for the Ninth Circuit
Neil H. Andrews
Culture of Peace in Europe and the Development of the Human Rights Protection in the EU
Shimon Shetreet
Interactions between the European Court of Human Rights and the Inter-American Court of Human Rights
Arianna Vedaschi, Professor, Universita Bocconi, Italy
10:45–11:00 a.m.: Break
11:00 a.m.–12:30 p.m.:
The Impact of Transnational Jurisprudence on Judicial Independence
The Influence of the European Convention on Human Rights on Judicial Independence in the Field of Criminal Procedural Law in Switzerland since 1975 (an Overview)
Session Chair: Keith Uff, Visiting Lecturer in Residence, University of Birmingham
The Position of the Constitutional Court and the Supreme Court in the Austrian Legal System
Walter H. Rechberger
Gian Andrea Danuser, Advocate, Zurich Switzerland
Culture and Judicial Independence in Civil Procedure
Dmitry Maleshin, Professor, Moscow University, Russia
Consequences of Weak Judicial Institutions in Developing Countries: Lessons from the Democratic Republic of Congo
Gilbert Ngieme Wansome, Director, French Common Law Program, University of Ottowa
12:30 p.m.: 1:45 p.m.: 4:30 p.m.: 6:15 p.m.: 6:30 p.m.: 8:30 p.m.:
Lunch (Warren Hall Lobby)
Transport from Warren Hall to Balboa Park (optional)
Transport from Balboa Park to on-campus lodging
Transport from on-campus lodging to La Gran Terraza
Private dinner for conference guests at La Gran Terraza (on campus) Transport from La Gran Terraza to on-campus lodging
Sunday, August 11, 2013
9:00 a.m.: Transport to Warren Hall 2A (campus tram pick-up in front of lodging – check out and bring your luggage)
9:15–10:45 a.m.: Promoting Judicial Independence, Liberty and Democracy Session Chair: Eli Bentovim, Advocat, Israel
U.S. Judicial Independence: Victim in the ‘War on Terror”
Wayne McCormack, Professor of Law, University of Utah
The Position of the Judiciary in China
Liu Hao, Professor, Beihang University, China
Procedural and Legal Guarantees of Judicial Independence in the Russian Federation
Sergey V. Nikitin, Professor, Russian Academy of Justice, Moscow, Russia
The Conceptual Definition of the Constitutional Court in Italy
Giuseppe Franco Ferrari, Professor, Universita Bocconi, Italy
The Debate over Foreign Law in US Courts
Presented on behalf of Jonathan Entin, Professor and Associate Dean, Case Western Reserve University
10:45–11:00 a.m.: Break
11:00 a.m.–12:30 p.m.: Contemporary Issues of Judicial Independence Judicial Independence and Accountability in European Perspectives
Mads Andenas, Professor, University of Oslo, Norway Judicial Independence and the Challenges of Big Business
The Limits of Judicial Independence: Judicial Accountability and the Case of the Supreme Court of India
Surya Deva, City University of Hong Kong
Continuing Discussions on Mount Scopus International Standards of Judicial Independence
Shimon Shetreet
In Memoriam: The late Honourable Markus Buechel, Senior Advocate, former Prime Minister of Liechtenstein, Vice President of the International Association of Judicial Independence and World Peace
Session Chair: Shimon Shetreet
Challenges of Judicial Independence and Experience of the Russian Federation
Dmitry V. Magonya, ART DE LEX Law Firm, Moscow, Russia
Amnon Reichman, Professor, University of Haifa, Israel
Concluding Remarks: Maimon Schwarzschild
1:00 p.m.: Box lunches available and conference concludes – bon voyage!