Professor Rick Lawson discussed how the ECtHR is confronted with a new kind of cases. They revolve around the question whether there were ulterior motives behind the authorities' actions. Mr. Navalny is arrested time and again when he wants to address his supporters. Is this simply an attempt to maintain public order, or is there a purpose behind these actions (e.g. silincing a political opponent)? A Polish judge is disciplined. Should the Court zoom in on the penalty imposed on him, or should it review the case in the broader context of the 'rule of law crisis'? Similar questions arise in the case of SLAPPs (strategic lawsuits against public participation). Cases like these have led to the 'rediscovery' of Article 18 ECHR. But they may also draw the Court - whether it likes it or not - into highly politically sensitive grounds.
Rick Lawson is a professor of European Law at Leiden University (the Netherlands).
Professor Amy J. Schmitz discussed how she and others became interested in “online dispute resolution” (ODR) many years ago as means for expanding access to justice.
Amy Schmitz is full professor at The Ohio State Moritz College of Law and Program on Dispute Resolution as the John Deaver Drinko-Baker & Hostetler Endowed Chair in Law and a Co-Director of the Translational Data Analytics Institute (TDAI) for Responsible Data Science at The Ohio State University (USA).
The PowerPoint presentation is available here.
Associate professor Margaret Stephenson discussed the argument that international law principles mandate a restructuring of the relationship between First Nations and the State in Australia, and that a First Nations ‘Voice’ to the Australian Parliament would enable First Nations peoples to exercise their right of self-determination.
Margaret Stephenson is an associate professor at the University of Queensland (Australia).