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Journal articles on the topic 'Peremptory Challenges'

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Published: 10 December 2022

Last updated: 28 January 2023

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1

Schwartz, E. P., and W. F. Schwartz. "The Challenge of Peremptory Challenges." Journal of Law, Economics, and Organization 12, no. 2 (October 1, 1996): 325–60. http://dx.doi.org/10.1093/oxfordjournals.jleo.a023366.

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2

Flanagan, Francis X. "Peremptory Challenges and Jury Selection." Journal of Law and Economics 58, no. 2 (May 2015): 385–416. http://dx.doi.org/10.1086/684040.

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3

DeCamp, Whitney, and Elise DeCamp. "It’s Still about Race: Peremptory Challenge Use on Black Prospective Jurors." Journal of Research in Crime and Delinquency 57, no. 1 (September 6, 2019): 3–30. http://dx.doi.org/10.1177/0022427819873943.

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Objectives: The use of race as a motive for excluding individuals from serving on juries in American criminal trials is unconstitutional. Nevertheless, Black individuals remain substantially more likely than others to be removed during jury selection through peremptory challenges. This study tests whether and to what extent there is a racial effect on peremptory challenge use by the prosecution or the defense. Method: Using data from 2,542 venire members in Mississippi, propensity score matching is used to examine racial differences in jury selection by comparing Black venire members to similarly situated White venire member counterparts. Results: Findings suggest that Black venire members are 4.51 times as likely to be excluded from a jury due to peremptory challenges from the prosecution in comparison to White venire members. Conversely, White venire members are 4.21 times as likely to be excluded through peremptory challenges by the defense in comparison to Black venire members. Conclusions: After controlling for all observed variables, there remain significant differences between White and Black venire members, suggesting racial discrimination by both the prosecution and the defense in peremptory challenge usage. Black individuals are more likely to be excluded from juries through these effects, resulting in less racially diverse juries.

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4

Nesson, C. "Peremptory challenges: technology should kill them?" Law, Probability and Risk 3, no. 1 (March 1, 2004): 1–12. http://dx.doi.org/10.1093/lpr/3.1.1.

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5

Norton, Michael I., Samuel R. Sommers, and Sara Brauner. "Bias in jury selection: justifying prohibited peremptory challenges." Journal of Behavioral Decision Making 20, no. 5 (2007): 467–79. http://dx.doi.org/10.1002/bdm.571.

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6

Walston, Jeanette E. "Do Non-Discriminatory Peremptory Strikes Really Exist, or Is a Juror’s Right to Sit on a Jury Denied When the Court Allows the Use of Peremptory Strikes?" Texas Wesleyan Law Review 17, no. 3 (March 2011): 371–90. http://dx.doi.org/10.37419/twlr.v17.i3.5.

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This Comment explores the right of citizens to be part of the justice system by exercising their right to sit on a jury. A citizen's right to be empanelled, however, could directly affect a party's right to a fair and impartial trial. Thus, some safeguards, such as challenges for cause, must be kept in place. However, the use of peremptory strikes may be interfering far more with a citizen's right to sit on a jury than with a party's right to a fair and impartial trial. In Rivera v. Illinois, the Supreme Court reiterated that it is up to the states to determine the existence and exercise of peremptory challenges, although peremptory challenges themselves are not a constitutional guarantee with regards to an impartial jury and a fair trial. Although the Supreme Court has left this task to the states, the Court has held that a juror may not be stricken based on race, ethnicity, or gender. This Comment evaluates which states have extended the restriction to other categories such as religion and age and discusses the extent to which other categories should be included. Thus, as state law continues to broaden the equal protection of jurors under the Equal Protection Clause, the question must be asked: When is the exercise of a peremptory strike not purposeful discrimination against a potential juror?

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7

Hoffman, Morris B. "Peremptory Challenges Should Be Abolished: A Trial Judge's Perspective." University of Chicago Law Review 64, no. 3 (1997): 809. http://dx.doi.org/10.2307/1600312.

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8

Josephs, Mark L. "Fourteenth Amendment. Peremptory Challenges and the Equal Protection Clause." Journal of Criminal Law and Criminology (1973-) 82, no. 4 (1992): 1000. http://dx.doi.org/10.2307/1143714.

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9

Hinkle, Daniel M. "Peremptory Challenges Based on Religious Affiliation: Are They Constitutional?" Buffalo Criminal Law Review 9, no. 1 (April 1, 2005): 139–200. http://dx.doi.org/10.1525/nclr.2005.9.1.139.

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10

Dunnigan, E. Vaughn. "Discrimination by the Defense: Peremptory Challenges after Batson v. Kentucky." Columbia Law Review 88, no. 2 (March 1988): 355. http://dx.doi.org/10.2307/1122680.

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11

Gemskie, Michele A. "Fourteenth Amendment: Peremptory Challenges by Defendants and the Equal Protection Clause." Journal of Criminal Law and Criminology (1973-) 83, no. 4 (1993): 920. http://dx.doi.org/10.2307/1143876.

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12

Finkelstein, Michael O., and Bruce Levin. "Clear Choices and Guesswork in Peremptory Challenges in Federal Criminal Trials." Journal of the Royal Statistical Society: Series A (Statistics in Society) 160, no. 2 (January 1997): 275–78. http://dx.doi.org/10.1111/1467-985x.00062.

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13

Ward Frampton, Thomas. "For Cause: Rethinking Racial Exclusion and the American Jury." Michigan Law Review, no. 118.5 (2020): 785. http://dx.doi.org/10.36644/mlr.118.5.cause.

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Peremptory strikes, and criticism of the permissive constitutional framework regulating them, have dominated the scholarship on race and the jury for the past several decades. But we have overlooked another important way in which the American jury reflects and reproduces racial hierarchies: massive racial disparities also pervade the use of challenges for cause. This Article examines challenges for cause and race in nearly 400 trials and, based on original archival research, presents a revisionist account of the Supreme Court’s three most recent Batson cases. It establishes that challenges for cause, no less than peremptory strikes, are an important—and unrecognized—vehicle of racial exclusion in criminal adjudication. Challenges for cause are racially skewed, in part, because the Supreme Court has insulated the challenge-for-cause process from meaningful review. Scholars frequently write that jury selection was “constitutionalized” in the 1970s and 1980s, but this doctrinal account is incomplete. In the interstices of the Court’s fair-cross-section, equal protection, and due process jurisprudence, there is a “missing” law of challenges for cause. By overlooking challenges for cause, scholars have failed to notice the important ways in which jury selection remains free from constitutional regulation. Challenges for cause as they exist today—effectively standardless, insulated from meaningful review, and racially skewed—do more harm than good. They hinder, more than help, the jury in its central roles: (1) protecting the individual against governmental overreach; (2) allowing the community a democratic voice in articulating public values; (3) finding facts; (4) bolstering the perceived legitimacy and fairness of criminal verdicts; and (5) educating jurors as citizens. We need to rethink who is qualified to serve as a juror and how we select them.

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14

Кроз, Марина, and Marina Kroz. "Legal regulation challenges of «labour leasing»." Advances in Law Studies 2, no. 2 (May 1, 2014): 87–92. http://dx.doi.org/10.12737/5580.

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The article discusses the current regulatory matters of «Labour Leasing». According to the Federal Law these relations are qualified as labour relations with the legal forms of mediation. The article describes the main provisions of a legislative act. The author gives a critical assessment of the Act and identification provisions used of the contract model and temporary transfer design. The article concludes about non-compliance with the principles of the Act and contractual freedom and general provisions of the Labour Law of the Russian Federation. In addition, the author uses peremptory norms of the Act with determining the form, transfer personnel treaty. It expands attracting subjects of entrepreneurial activity to administrative responsibility.

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15

Turner, Billy M., Rickie D. Lovell, John C. Young, and William F. Denny. "Race and peremptory challenges during voir dire: Do prosecution and defense agree?" Journal of Criminal Justice 14, no. 1 (January 1986): 61–69. http://dx.doi.org/10.1016/0047-2352(86)90027-9.

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16

Ben-Dor, Oren. "The One-State as a Demand of International Law: Jus Cogens, Challenging Apartheid and the Legal Validity of Israel." Holy Land Studies 12, no. 2 (November 2013): 181–205. http://dx.doi.org/10.3366/hls.2013.0069.

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This article provides the initial contours of an argument that uses International Law to challenge the validity of Israeli apartheid. It challenges the conventional discourse of legal debates on Israel's actions and borders and seeks to link the illegalities of these actions to the validity of an inbuilt Israeli apartheid. The argument also connects the deontological doctrine of peremptory norms of International Law (jus cogens), the right of self-determination and the International Crime of Apartheid to the doctrine of state recognition. It applies these to the State of Israel and the vision of a single democratic state in historic Palestine.

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17

Franklin, LeRoy A. "Bayes' Theorem, Binominal Probabilities, and Fair Numbers of Peremptory Challenges in Jury Trials." College Mathematics Journal 18, no. 4 (September 1987): 291. http://dx.doi.org/10.2307/2686798.

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18

Gendleman, Amy B. "The Equal Protection Clause, the Free Exercise Clause and Religion-Based Peremptory Challenges." University of Chicago Law Review 63, no. 4 (1996): 1639. http://dx.doi.org/10.2307/1600283.

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19

Serr, Brian J., and Mark Maney. "Racism, Peremptory Challenges, and the Democratic Jury: The Jurisprudence of a Delicate Balance." Journal of Criminal Law and Criminology (1973-) 79, no. 1 (1988): 1. http://dx.doi.org/10.2307/1143550.

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20

Deverman, Beth A. "Fourteenth Amendment. Equal Protection: The Supreme Court's Prohibition of Gender-Based Peremptory Challenges." Journal of Criminal Law and Criminology (1973-) 85, no. 4 (1995): 1028. http://dx.doi.org/10.2307/1144092.

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21

Franklin, LeRoy A. "Bayes' Theorem, Binominal Probabilities, and Fair Numbers of Peremptory Challenges in Jury Trials." College Mathematics Journal 18, no. 4 (September 1987): 291–99. http://dx.doi.org/10.1080/07468342.1987.11973046.

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22

Davenport, Spencer. "Resolving ALJ Removal Protections Problem Following Lucia." University of Michigan Journal of Law Reform, no. 53.3 (2020): 693. http://dx.doi.org/10.36646/mjlr.53.3.resolving.

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When the Supreme Court decided Lucia v. SEC and held that administrative law judges (ALJs) are Officers under the Constitution, the Court opened a flood of constitutional issues around the status of ALJs and related government positions. One central issue relates to ALJs’ removal protections. ALJs currently have two layers of protection between them and the President. In an earlier Supreme Court decision, the Court held that two layers of tenure protection between an “Officer of the United States” and the President was unconstitutional as it deprived the President the power to hold his officers accountable. As impartial adjudicators, ALJs need those layers of protection to ensure fair adjudicative hearings. Lucia now threatens ALJ protections. This Note argues that implementing a peremptory challenge system which would allow each party in an adjudicative hearing to remove the ALJ from hearing its case would create an avenue in which the Court could justify the removal issue. Such a proposal would fix executive oversight concerns about the President being unable to properly implement his policy. Additionally, peremptory challenges would allow litigants in front of an agency be able to remove ALJs they feel are predisposed to the agency. By addressing both constitutional issues, the Court may be more likely to find that the two layers of tenure protection in place are permissible for those in adjudicatory positions.

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23

Rodenhäuser, Tilman. "Human Rights Obligations of Non-State Armed Groups in Other Situations of Violence: The Syria Example." Journal of International Humanitarian Legal Studies 3, no. 2 (2012): 263–90. http://dx.doi.org/10.1163/18781527-00302005.

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In February 2012, the Independent International Commission of Inquiry on the Syrian Arab Republic found that opposition groups fighting against the Assad regime are bound by human rights obligations constituting peremptory norms of international law. This finding is innovative for two reasons. First, human rights obligations apply generally to the vertical relation between States and their subjects. Second, whereas is seems accepted that non-state armed groups can have human rights obligations when they control territory, the Commission of Inquiry was unable to confirm that Syrian opposition forces exercised such control over territory. This article examines whether the finding that non-state armed groups are bound by peremptory human rights norms is supported by contemporary international law. Moreover, recent trends in the practice of the United Nations with regard to human rights obligations of non-state actors will be analysed. Even though this article argues that non-state armed groups can have human rights obligations in other situations of violence, it points out particular challenges to their practical application.

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24

Kirk, Michael W. "Sixth and Fourteenth Amendments. The "Swain" Song of the Racially Discriminatory Use of Peremptory Challenges." Journal of Criminal Law and Criminology (1973-) 77, no. 3 (1986): 821. http://dx.doi.org/10.2307/1143440.

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25

Hays, J. Ray, and Stacy Cambron. "Courtroom Observation of Ethnic Representation among Jurors in Harris County, Texas." Psychological Reports 85, no. 3_suppl (December 1999): 1218–20. http://dx.doi.org/10.2466/pr0.1999.85.3f.1218.

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The ethnic composition of 22 juries in Harris County, Texas was compared with the ethnic composition of the decennial census of the county. Results showed an under-representation of Hispanic members and an over-representation of Euro-American jury members in civil, family law, and criminal trials. African-American members were represented on juries in proportion to their presence in the general population in the county. Whether this misrepresentation reflects selection factors in developing the jury pools, is the result of exercise of peremptory challenges by lawyers, or some other biasing factor is unknown.

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26

Alschuler, Albert W. "The Supreme Court and the Jury: Voir Dire, Peremptory Challenges, and the Review of Jury Verdicts." University of Chicago Law Review 56, no. 1 (1989): 153. http://dx.doi.org/10.2307/1599688.

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27

O'Hagan, Lydia. "Jurors on Trial: Lawyers Using the Internet to Research Prospective Jurors." Victoria University of Wellington Law Review 45, no. 1 (August 1, 2014): 161. http://dx.doi.org/10.26686/vuwlr.v45i1.4964.

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This article examines a practice whereby lawyers use the internet to research prospective jurors with a view to challenge. It is unclear how common the practice is in New Zealand, but the increasing availability of personal information online means that lawyers have a plethora of personal information about prospective jurors at their fingertips. Currently peremptory challenges are exercised in a discriminatory fashion on the basis of broad stereotypes. It is argued that pretrial research by lawyers on prospective jurors could secure a more impartial jury by providing a mechanism for uncovering attitudinal biases or predispositions, meaning the challenges will be exercised on the basis of stereotypes alone less often. Pretrial research by lawyers could also remedy the disparity of resources between prosecution and defence by providing an independent vehicle for obtaining information. This article discusses the benefits of pretrial research of prospective jurors and argues that any drawbacks are limited. Potential guidelines for lawyers conducting pretrial research around the collection, use, retention and disclosure of information are proposed. This article concludes that pretrial research of prospective jurors serves to protect, rather than undermine, the fundamental right of all parties to a fair trial.

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28

Goldwasser, Katherine. "Limiting a Criminal Defendant's Use of Peremptory Challenges: On Symmetry and the Jury in a Criminal Trial." Harvard Law Review 102, no. 4 (February 1989): 808. http://dx.doi.org/10.2307/1341306.

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29

Gabbidon, Shaun L., Leslie K. Kowal, Kareem L. Jordan, Jennifer L. Roberts, and Nancy Vincenzi. "Race-Based Peremptory Challenges: An Empirical Analysis of Litigation from the U.S. Court of Appeals, 2002–2006." American Journal of Criminal Justice 33, no. 1 (January 29, 2008): 59–68. http://dx.doi.org/10.1007/s12103-007-9027-6.

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30

Fried, Audrey M. "Fulfilling the Promise of Batson: Protecting Jurors from the Use of Race-Based Peremptory Challenges by Defense Counsel." University of Chicago Law Review 64, no. 4 (1997): 1311. http://dx.doi.org/10.2307/1600218.

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31

Paulet Quevedo, Isary. "Las respuestas fortuitas de un orden vernáculo y sus implicaciones para los procesos de diseño." Compilación de artículos de investigación 11, no. 11 (December 15, 2021): 39–48. http://dx.doi.org/10.24275/uama.372.2021.8802.

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This paper carries out a brief analysis of the processes of human development and new forms of interaction, which have taken place during the course of the health crisis caused by the Covid 19 pandemic. It refers to certain solutions that sprang up spontaneously in their first stage, during the years 2020-21. This review highlights the reunion with others, the human ability to adapt to new challenges, and invention, as well as the recovery of a kind of biological archive, in an introspective framework, where the human being with himself takes up interiority as an evolutionary tool. It reflects on the inventiveness marked by the spontaneous need to solve peremptory problems, which have no precedents and / or references in contemporary times. Finally, it is proposed to review the exercise of vernacular, artisanal design and created without academic restrictions, guiding the need to study the processes and procedures that appear related to this type of responses to be used and systematized in a context of greater amplitude.

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32

Barton, Benjamin Hoorn. "Religion-Based Peremptory Challenges after Batson v. Kentucky and J. E. B. v. Alabama: An Equal Protection and First Amendment Analysis." Michigan Law Review 94, no. 1 (October 1995): 191. http://dx.doi.org/10.2307/1289864.

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33

Staiano, Fulvia. "Domestic Workers’ Human Rights Versus Diplomatic Immunity: Developments in International and National Jurisprudence." Italian Yearbook of International Law Online 22, no. 1 (2013): 201–20. http://dx.doi.org/10.1163/22116133-02201010.

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Diplomatic immunities significantly contribute to a protection gap for domestic workers in diplomatic households who are victims of egregious forms of exploitation and abuse, and thus, of serious human rights violations. The abuse of such immunities by diplomatic agents in order to shun judicial review by the courts of the receiving States constitutes indeed a serious obstacle to obtaining redress. The resulting conflict between international rules on immunity and domestic workers’ human rights epitomizes the increasingly frequent challenges posed by international human rights law to classic rules of international law, and raises the issue of how to find balanced solutions to such conflicts. Against this background, the uncertain and discretional character of diplomatic measures prevents them from constituting a tool of legal protection for domestic workers experiencing human rights violations. With that in mind, this contribution inquires on alternative remedies available in international and domestic law, with a specific focus on the relationship between international rules on immunities and two other bodies of law, i.e. international human rights law and peremptory norms of international law.

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34

Crosby, Kevin. "Keeping women off the jury in 1920s England and Wales." Legal Studies 37, no. 4 (December 2017): 695–717. http://dx.doi.org/10.1111/lest.12169.

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The Sex Disqualification (Removal) Act 1919 ended the prohibition on female jurors. This did not mean that English and Welsh juries became representative institutions overnight, however: the property qualifications ensured that juries were still drawn from the top few per cent of the local population; and the 1919 Act expressly permitted trial judges to order single-sex juries where the nature of the evidence required it. The continued existence of peremptory challenges allowed defendants in felony trials to exclude women from their juries whenever they preferred to be tried only by men. Finally, some judges permitted female jurors to excuse themselves from particular trials if they so desired. This paper explores the effects these factors had on the practical enjoyment of the female jury franchise after the passing of the 1919 Act. It finds that the picture is remarkably localised: rates of women serving on juries were very different for the five assize circuits for which adequate records exist (Midland, Oxford, South Eastern, South Wales and Western). By exploring these issues, this paper reveals how flexible the female jury franchise was in its early years, and shows how important local differences were in keeping women off the jury.

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35

Gastwirth, J. L., and B. Yu. "Case comment: appropriate statistical methodology yields stronger evidence of discriminatory peremptory challenges in North Carolina: application to the Randolph County data in North Carolina v. Rouse and related cases." Law, Probability and Risk 12, no. 2 (November 5, 2012): 155–64. http://dx.doi.org/10.1093/lpr/mgs030.

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36

Harper, Roger C. "Rethinking Limitations on the Peremptory Challenge." Columbia Law Review 85, no. 6 (October 1985): 1357. http://dx.doi.org/10.2307/1122398.

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37

Gastwirth, Joseph L. "Case comment: statistical tests for the analysis of data on peremptory challenges: clarifying the standard of proof needed to establish a prima facie case of discrimination in Johnson v. California." Law, Probability and Risk 4, no. 3 (September 1, 2005): 179–85. http://dx.doi.org/10.1093/lpr/mgi014.

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38

Altman, Tracey L. "Affirmative Selection: A New Response to Peremptory Challenge Abuse." Stanford Law Review 38, no. 3 (February 1986): 781. http://dx.doi.org/10.2307/1228564.

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39

Sellers, Patricia Viseur. "Jus Cogens: Redux." AJIL Unbound 116 (2022): 281–86. http://dx.doi.org/10.1017/aju.2022.47.

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In The Boundaries of International Law: A Feminist Critique (Boundaries),1 amidst observations about masculine bias in treaty law, co-authors Christine Chinkin and Hilary Charlesworth queried the masculine configuration, i.e., the gender of jus cogens or peremptory norms. A peremptory norm is “accepted and recognized by the international community . . . as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of international law having the same character.”2 Interrogating whether jus cogens privileged the experiences of males over that of females, they challenged jus cogens’ presumed universality and its intended utility. Accepted peremptory norms, they averred, exerted a silencing, deleterious impact on core feminine values such as sexual equality or freedom from gender discrimination.3 Decades after the Vienna Convention on the Law of Treaties’ (VCLT) codification of jus cogens, the International Law Commission (ILC) reified a non-exhaustive list of peremptory norms that explicitly excluded gender-based discrimination.4 This essay proposes a “jus cogens redux” to revive Chinkin and Charlesworth's question by peering at several threads in the thwarted conversations about whether freedom from gender discrimination rises to peremptory norm status. The conversational threads lay tattered by positive law's reliance on enumerated treaty provisions and accepted precepts of customary international law. They are frayed by normative law's philosophical, moralists’ approach. Neither the positivist law nor the normative law's concepts of how to determine jus cogens values grapples with gender or gender minorities. By default, each retains a masculine approach that configures the gender of jus cogens as “non-female.”

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40

Knowles, Dudley. "The Domain of Authority." Philosophy 82, no. 1 (January 2007): 23–43. http://dx.doi.org/10.1017/s0031819107319025.

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If the commands of authority are peremptory and content-independent directives, it is a great puzzle why any rational autonomous agent should accept them as morally binding, as Robert Paul Wolff and others have argued. I analyse the peremptory and content-independent quality of authoritative directives and argue that all earthly authorities operate within a specified domain. I investigate three candidates for the role of universally applicable boundary conditions–morality, harm to self, and absurdity. I conclude that commands are authoritative only when intra vires, i.e. issued within the proper domain of the authority. Wolff's challenge is not met, hut it is shown to be less forbidding.

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41

Diamond, Shari Seidman, Destiny Peery, Francis J. Dolan, and Emily Dolan. "Achieving Diversity on the Jury: Jury Size and the Peremptory Challenge." Journal of Empirical Legal Studies 6, no. 3 (September 2009): 425–49. http://dx.doi.org/10.1111/j.1740-1461.2009.01149.x.

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42

Sommers, Samuel R., and Michael I. Norton. "Race and jury selection: Psychological perspectives on the peremptory challenge debate." American Psychologist 63, no. 6 (2008): 527–39. http://dx.doi.org/10.1037/0003-066x.63.6.527.

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43

Hopper, David D. "Batson v. Kentucky and the Prosecutorial Peremptory Challenge: Arbitrary and Capricious Equal Protection?" Virginia Law Review 74, no. 4 (May 1988): 811. http://dx.doi.org/10.2307/1073124.

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44

Rose, Mary R. "The peremptory challenge accused of race or gender discrimination? Some data from one county." Law and Human Behavior 23, no. 6 (December 1999): 695–702. http://dx.doi.org/10.1023/a:1022393506784.

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45

Welch, Ashton Wesley. "Ethnicity and the Jury System." Ethnic Studies Review 24, no. 1 (January 1, 2001): 104–22. http://dx.doi.org/10.1525/esr.2001.24.1.104.

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Discrimination in the jury system has been a matter of constitutional and ethical concern at least since the mid-nineteenth century. Ethnic and linguistic minorities have been disadvantaged by the use of the peremptory challenge, statutory requirements, and administrative practices which compromised the Sixth Amendment provision for a jury of one's peers with its implication for juror impartiality. Attacks on the discriminatory applications of those systems and practices resulted in reduction, as gradual as it was, of the exclusionary practices. Batson vs Kentucky made the Sixth Amendment guarantee more reachable for ethnic and linguistic minorities.

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46

Sommers, Samuel R., and Michael I. Norton. "Race-based judgments, race-neutral justifications: Experimental examination of peremptory use and the Batson Challenge procedure." Law and Human Behavior 31, no. 3 (2007): 261–73. http://dx.doi.org/10.1007/s10979-006-9048-6.

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47

OZDAN, SELMAN. "A CRITIQUE OF THE DEMISE OF HEADS OF STATE IMMUNITY IN THE AGE OF HUMAN RIGHTS." Age of Human Rights Journal, no. 11 (December 19, 2018): 108–27. http://dx.doi.org/10.17561/tahrj.n11.6.

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This paper presents an unspoken aspect of Head of State immunity, namely that such immunity is at odds with the expectation that international law should be applied to challenge resistance to and promote respect for human rights. It considers the question of whether Head of State immunity gives rise to de facto impunity in the case of violations of human rights recognised as peremptory norms (jus cogens) committed by such Heads of State. While this paper emphasises the critical role of Head of State immunity in the context of international relations, it argues that Heads of State should not exempt from punishment when violations of those human rights are at stake.

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48

PANTELEIEV, V. P. "The Framework for Audits of the Financial Statements of the Group of Enterprises by ISA 600 Requirements." Scientific Bulletin of the National Academy of Statistics, Accounting and Audit, no. 3 (November 1, 2019): 54–66. http://dx.doi.org/10.31767/nasoa.3.2019.05.

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Compliance with relevant regulations is the basis of the professional activities of auditors. Users of financial statements require the auditor to conduct quality audit. The auditor’s opinion on the reliability of the financial statements of the group is based on the application of appropriate audit approaches, based both on audit practice and audit standards, and insist on compliance with recognized audit requirements. The aim of the article is to highlight the content of the main rules for an independent auditor to audit the financial statements of a group using the requirements of the modern regulatory framework, in particular International Standard of Auditing (ISA) 600. The essence of the main rules of an independent auditor conducting an audit of a group’s financial statements using the requirements of the modern regulatory framework, in particular ISA 600, is disclosed. The need for regulation of an audit of a group’s consolidated financial statements is formulated, the content and important provisions of the requirements of a professional standard ISA 600 “Special Considerations – Audits of group financial statements (including the work of component auditors)”. Interpretation of the requirements of ISA 600 for acceptance and continuation of the assignment, the role of the auditor’s assessment of distortions during the audit, audit activities to prevent, detect and combat fraud in the group, the obligation to use the component of the level of distortion by the auditor is given. The author’s vision of the special provisions of the audits of the financial statements of the group is indicated, the sequence of advancing audit procedures in the implementation of the special provisions of the audits, including the work of the component auditors, and the directions for further research are shown. Conclusions. The responsibility of the auditor and the component auditor is envisaged, and atypical relevant measures are required in response to challenges; the auditor deals with complex structures, the information of the component auditors must be taken into account. ISA 600 is connected with other audit standards, it regulates a number of requirements with the aim of conducting a quality audit of the group financial statements: from the responsibility of the auditor, accepting and continuing the assignment, developing a general audit strategy and plan, understanding of the component auditor, communicating information to the group’s management personnel and those who endowed with high authority at the group level, etc. documentation. The peremptory question of ISA 600 is determining whether he should act as an auditor of the group financial statements, that is, reasonably refuse or accept the assignment; and if accepted and continued, the task if he acts as an auditor of the group financial statements: communication of clear information to the component auditors on the volume and time of their work with financial information relating to the components and the actual results obtained by them; obtaining sufficient audit evidence in sufficient amounts on the financial information of the components and the consolidation process to express an opinion that the group’s financial statements have been prepared in all material respects in accordance with the applicable financial reporting framework.

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Handayani, Irawati. "Concept and Position of Peremptory Norms (Jus Cogens) in International Law: A Preliminary Study." Hasanuddin Law Review 5, no. 2 (August 23, 2019): 235. http://dx.doi.org/10.20956/halrev.v5i2.1709.

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Peremptory norms or jus cogens hold a unique position in international law. Unlike customary international law and treaty law, they abide no derivation and bind all states regardless of their willingness to be bound. Some scholars had elaborated fundamental theories to answer the theoretical background of jus cogens. However, they have never reached a satisfactory result. This study aims to elaborate the theoretical background of jus cogens and to observe the relationship between jus cogens, obligation erga omnes, and customary international law. The positivists recognize that jus cogens is an imperative norm within state practice and opinio juris. The positivist theory is not in line with the concept that jus cogens bound to states without their consent since every state has their sovereignty and cannot be bound by any kind of provision without consent. The proponents of the natural law theory stated that peremptory norms are inherited from the tradition of natural law so that it is the highest norm in international law that directly binds countries. On the other hand, the public order theory states that international law recognizes important (imperative) norms, which are hierarchically higher than ordinary norms and customary international law to advance the interests of the international community and to preserve the main values of international law. The three theories are considered insufficient to answer the philosophical basis of jus cogens. In its development, therefore, some new theories have been developed to challenge the basis of jus cogens.

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McCall-Smith, Kasey. "Treaty Bodies." International Community Law Review 21, no. 3-4 (July 12, 2019): 344–68. http://dx.doi.org/10.1163/18719732-12341406.

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Abstract This article contributes to existing understandings about the influence of human rights treaty bodies on the development of customary international law. It offers a method of assessing State responses to treaty body jurisprudence for the purposes of determining to what extent the responses push toward the reaffirmation or crystallisation of a customary rule of international law, namely the prohibition against torture. It speaks to the way in which, despite its status as a peremptory norm, the content of the norm is often challenged, but also incrementally expanding due in large part to the way in which treaty bodies engage and guide States both inside and outside of the primary reporting procedures. Ultimately, this article demonstrates that State practice and opinio juris are increasingly influenced by treaty bodies.

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