Response 1
The reasons provided for the need to have a transnational justice system are valid. Currently, people can travel, live and work in any part of the world. However, the lack of clear guidelines on how people from different nationalities ought to be treated whenever they commit crimes has made some individuals to take advantage of the situation. Perhaps one of the questions that people ask themselves is, if the world currently is sharing some innovations like the internet, why not come up with a unified legal framework upon which offenders in any part of the world will be subjected? Seemingly, the dispute arises in the interpretation of the term “right to fair trial” 1 . Some countries, for instance, punish some offenders by giving them the death sentence while others object vehemently for the use of such a sentence. Who or what then, will dictate the meaning of ‘fair trial?’ Shall it be another case of supremacy war over which country has the best constitution? Some prominent people in the US already have the perception that the US constitution is superior, something that may scare other countries from discussing the subject 2 . Many will interpret transnational justice as adopting the constitution of the US.
Response 2
From the views of the Norwegian Supreme Court Chief Justice that there is need for Supreme Courts all over the world to collaborate, it is evident that prominent people have the desire to change but have forgotten one aspect; culture 3 . For instance, different countries have distinct religious practices, which to a large extent, influence the legal framework of a particular country. How will Islam and Christianity be integrated for instance, in the transnational law? There are so many aspects that create wide divides between these two religions. That means that an agreement may never be established on some issues. Secondly, because of globalization and inventions such as the internet, there are significant differences in how young people and those from the past generation think. Even with the differences in these generations, young people have always been sidelined in judicial changes 4 . Trying to strike a balance between the issues affecting young people in the contemporary world and the ideologies held by older people may be a challenge towards creating a unified judicial system in the world.
Delegate your assignment to our experts and they will do the rest.
Bibliography
Chenivesse, Pascal, and Christopher J. Piranio. "What price justice? On the evolving notion of ‘right to fair trial’from Nuremberg to The Hague." Cambridge Review of International Affairs 24, no. 3 (2011): 403-423.
Jackson, Donald W., Michael C. Tolley, and Mary L. Volcansek, eds. Globalizing justice: Critical perspectives on transnational law and the cross-border migration of legal norms . SUNY Press, 2010. 5
Ladisch, Virginie. "A Catalyst For Change: Engaging Youth In Transitional Justice". 2018. International Center for Transitional Justice . Accessed May 13 2018. https://www.ictj.org/publication/catalyst-change-engaging-youth-transitional-justice .
Slaughter, Anne-Marie. "A global community of courts." Harv. Int'l LJ 44 (2003): 191.
1 Chenivesse, Pascal, and Christopher J. Piranio. "What price justice? On the evolving notion of ‘right to fair trial’from Nuremberg to The Hague." Cambridge Review of International Affairs 24, no. 3 (2011): 403-423.
2 Jackson, Donald W., Michael C. Tolley, and Mary L. Volcansek, eds. Globalizing justice: Critical perspectives on transnational law and the cross-border migration of legal norms . SUNY Press, 2010.
3 Slaughter, Anne-Marie. "A global community of courts." Harv. Int'l LJ 44 (2003): 191.
4 Ladisch, Virginie. "A Catalyst For Change: Engaging Youth In Transitional Justice". 2018. International Center for Transitional Justice . Accessed May 13 2018. https://www.ictj.org/publication/catalyst-change-engaging-youth-transitional-justice .
5
