scholarly journals Into the Void: A Counsel Perspective on the Need to Articulate Rules Concerning Disclosure Before the ICJ

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 302-306
Author(s):  
Kate Parlett ◽  
Amy Sander

Individuals appearing before the ICJ on behalf of states are not subject under international law to any compulsory code of conduct to guide them in navigating issues of professional ethics. Article 42(2) of the ICJ Statute merely provides that parties “may have the assistance of counsel or advocates before the Court” and does not impose qualification requirements on those a state elects to appear on its behalf. In practice, legal teams appearing before the Court are comprised of individuals from different legal backgrounds who are either qualified legal practitioners or academics (referred to below as “counsel”). Qualified practitioners will likely be subject to professional codes of conduct applicable to them in their home jurisdiction, and those codes of conduct may bind them in relation to proceedings before the ICJ. But the professional obligations applying to practitioners from different jurisdictions can vary considerably. Some may consider that their domestic code of conduct does not (and/or should not) bind counsel before an international court. Those who are academics or are not admitted in any jurisdiction may not be subject to any conduct rules when acting as counsel. The absence of a common set of professional obligations means that the obligations bearing upon the conduct of particular counsel are unclear and certainly not uniform. This may have an impact on the presentation of a case before the Court, and in turn on the Court's understanding of the dispute. Ultimately, it could materially impact the outcome of a case.

2019 ◽  
Vol 113 ◽  
pp. 219-222
Author(s):  
Kate Parlett ◽  
Amy Sander

Individuals appearing before the International Court of Justice (ICJ or Court) are not subject under international law to any compulsory code of conduct which would guide them in navigating issues of professional ethics. Neither the ICJ Statute nor its Rules impose any qualification requirements on counsel. In practice, legal teams appearing before the Court are comprised of individuals from different legal backgrounds, who tend to be either qualified legal practitioners or academics. Qualified practitioners may be subject to professional codes of conduct from their home jurisdiction, but these can vary considerably across different jurisdictions. Counsel who are academics or are not admitted in any jurisdiction may not be subject to any conduct rules.


2015 ◽  
Vol 4 (4) ◽  
pp. 340
Author(s):  
Bharathan Viswanathan ◽  
Robinson Joseph ◽  
Philip Thomas ◽  
Sambasivan Elumalai

<p>Indian accounting standards are not only principle based but also based on users’ perceived ethical notions on professional ethics and compliance with professional code of conduct that are issued by the Institute of Chartered Accountants of India (ICAI).Codes of conduct for accountants give guidelines for proper behavior in the profession. The present study attempts to understand the perceptions of practicing auditors and professional Chartered Accountants (CAs) on the Indian accounting Standards and adherence to the professional code of conduct issued by the ICAI. The study is based on a survey conducted among a sample of qualified CAs. On the basis of the findings, the study concluded that ethical accounting standards are fundamentally necessary for accountants to produce quality financial reports free from material misstatements.</p>


2009 ◽  
Vol 27 (1) ◽  
pp. 76
Author(s):  
David M. Tanovich

Law students are the future of the legal profession. How well prepared are they when they leave law school to assume the professional and ethical obligations that they owe themselves, the profession and the public? This question has led to a growing interest in Canada in the teaching of legal ethics. It is also led to a greater emphasis on the development of clinical and experiential learning as exemplified in the scholarship and teaching of Professor Rose Voyvodic. Less attention, however, has been placed on identifying the general ethical responsibilities of law students when not working in a clinic or other legal context. This can be seen in the presence of very few Canadian articles exploring the issue, and more significantly, in the paucity of law school discipline policies or codes of conduct that set out the professional obligations owed by law students. This article develops an idea that Professor Voyvodic and I talked about on a number of occasions. It argues that all law schools should have a code of conduct which is separate and distinct from their general University code and which resembles, with appropriate modifications, the relevant set of rules of professional responsibility law students will be bound by when called to the Bar. A student code of conduct which educates law students about their professional obligations is an important step in deterring such conduct while in law school and preparing students for ethical practice. The idea of a law school code of professional responsibility raises a number of questions. Why is it necessary for law schools to have their own student code of conduct? The article provides a threefold response. First, law students are members of the legal profession and a code of conduct should reflect this. Second, it must be relevant and comprehensive in order to ensure that it can inspire students to be ethical lawyers. And, third, as a practical matter, the last few years have witnessed a number of incidents at law schools that raise serious issues about the professionalism of law students. They include, for example, the UofT marks scandal, the Windsor first year blog and the proliferation of blogs like www.lawstudents.ca and www.lawbuzz.ca with gratuitous, defamatory and offensive entries. It is not clear that all of this conduct would be caught by University codes of conduct which often limit their reach to on campus behaviour or University sanctioned events. What should a law school code of professional responsibility look like and what ethical responsibilities should it identify? For example, should there be a mandatory pro bono obligation on students or a duty to report misconduct. The last part of the article addresses this question by setting out a model code of professional responsibility for law students.Les étudiants et étudiantes en droit constituent l’avenir de la profession juridique. Comment bien préparés sont-ils lorsqu’ils quittent la faculté de droit pour assumer leurs obligations professionnelles et éthiques envers eux-mêmes, envers la profession et envers le public? Cette question a mené à un intérêt grandissant au Canada à l’enseignement de l’éthique juridique. Elle a aussi mené à plus d’emphase sur le développement de formation clinique et expérientielle tel que l’exemplifie le savoir et l’enseignement de la professeure Rose Voyvodic. Toutefois, moins d’attention a été consacrée à identifier les responsabilités éthiques générales d’étudiants et étudiantes en droit lorsqu’ils n’oeuvrent pas dans une clinique ou dans un autre contexte légal. Cela se voit dans les faits qu’il y a très peu d’articles canadiens qui portent sur la question, et, de plus grande importance, qu’il y a pénurie, au sein de facultés de droit, de politiques disciplinaires ou de codes déontologiques qui présentent les obligations professionnelles d’étudiants et étudiantes en droit. Cet article développe une idée que j’ai discuté avec la professeure Voyvodic à un nombre d’occasions. Il soutient que toutes les facultés de droit devraient avoir un code déontologique séparé et distinct du code général de leur université et qui ressemble, avec les modifications appropriées, à l’ensemble pertinent de règlements de responsabilité professionnelle que devront respecter les étudiants et étudiantes en droit lorsqu’ils seront reçus au barreau. Un code déontologique étudiant qui renseigne les étudiants et étudiantes au sujet de leurs obligations professionnelles est une étape importante pour dissuader une telle conduite pendant qu’ils sont à la faculté et pour les préparer en vue d’une pratique fondée sur l’éthique. Le concept d’un code de responsabilité professionnelle pour une faculté de droit soulève un nombre de questions. Pourquoi est-ce nécessaire que les facultés de droit aient leur propre code déontologique? L’article répond en trois temps. D’abord, les étudiants et étudiantes en droit font partie de la profession juridique et un code déontologique devrait refléter cela. Deuxièmement, il doit être pertinent et compréhensif afin d’assurer qu’il puisse inspirer les étudiants et étudiantes à être des avocats qui suivent les normes d’éthique. Et troisièmement, d’ordre pratique, au cours des quelques dernières années, on a été témoins d’un nombre d’incidents à des facultés de droit qui soulèvent des questions importantes en rapport avec le professionnalisme d’étudiants et d’étudiantes en droit. Ils incluent, par exemple, le scandale au sujet de notes à l’université de Toronto, les blogues de la première année à Windsor et la prolifération de blogues tels que www.lawstudents.ca et www. lawbuzz.ca contenant des commentaires injustifiés, diffamatoires et offensifs. Il n’est pas clair si tous ces comportements seraient captés par des codes déontologiques universitaires dont la portée se limite souvent au comportement sur campus ou aux événements sanctionnés par l’université. Quel aspect devrait présenter un code de responsabilité professionnelle pour une faculté de droit et quelles responsabilités éthiques devrait-il identifier? Par exemple, devrait-il y avoir une obligation pro bono impérative pour les étudiants et étudiantes ou le devoir de rapporter une mauvaise conduite. La dernière partie de l’article porte sur cette question en présentant un modèle de code de responsabilité professionnelle pour les étudiants et étudiantes en droit.


2021 ◽  
Vol 29 (1) ◽  
pp. 31-52
Author(s):  
Phillippa May Bennett

The interest in and understanding of ethics among translation scholars has changed dramatically since the publication of Andrew Chesterman’s proposal for a Hieronymic Oath (Chesterman, 2001). Early definitions of ethics based on equivalence (Newmark, 1991), faithfulness, loyalty (Nord, 1997) and trust have been put aside in favour of more recent notions of translator ethics grounded in accountability (Baker & Maier, 2011) and social responsibility (Drugan & Tipton, 2017). Practising translators who abide by codes of ethics/conduct are bound by principles of honesty, integrity, linguistic competence, confidentiality, and trust. This paper begins by presenting a brief literature review of the main developments in translation ethics from the early linguists to contemporary interpretations. There then follows an analysis and comparison of several professional codes of conduct from the main international associations of translators and interpreters with the benchmark, the Association of Translation and Interpreting Professionals (APTRAD). It is one of the more recent translator associations and has a code of conduct adopted in the last six years. The objective of this paper is to determine which theoretical definitions of ethics are reflected in the codes of conduct and to discuss their usefulness for translators in their daily practice. The paper ends with recommendations for changes to codes of conduct to make them more relevant to practising translators.


Author(s):  
P. R. Bhat

The objective of this chapter is to examine the underpinning relation among religious ethics, general ethics, and engineering ethics. We, the human beings, belong to one religion or the other by birth and/or by practice. There is hardly any society that is non-religious, and every major religion has religion-based ethics. Every evolved religion promotes values such as honesty, truthfulness, nonviolence, helping the needy, etc. These values are developed by major religions, such as Hinduism, Christianity, Islam, Buddhism, Jainism, etc. All these values together constitute our understanding about general ethics. Fortunately, many religions prescribe similar values, and these values are considered as general ethics, which the chapter delineates in detail. The chapter also elucidates why we have not considered agnostics' and atheists' views on religious ethics even if general ethical principles are based on religious ethics. Further, what is the need to have professional ethics such as engineering ethics when we already have religious and general ethics? The chapter argues “engineering ethics” as a professional ethics would be an autonomous system and would be independent of religious ethics and general ethics. The reason for this claim is professionals need to perform their duties in accordance with their professional codes of conduct, and not based on their religious ethics or general ethics. The chapter submits that engineering ethics is an autonomous ethics even if it has values that resemble religious or general ethics.


Author(s):  
P. R. Bhat

The objective of this chapter is to examine the underpinning relation among religious ethics, general ethics, and engineering ethics. We, the human beings, belong to one religion or the other by birth and/or by practice. There is hardly any society that is non-religious, and every major religion has religion-based ethics. Every evolved religion promotes values such as honesty, truthfulness, nonviolence, helping the needy, etc. These values are developed by major religions, such as Hinduism, Christianity, Islam, Buddhism, Jainism, etc. All these values together constitute our understanding about general ethics. Fortunately, many religions prescribe similar values, and these values are considered as general ethics, which the chapter delineates in detail. The chapter also elucidates why we have not considered agnostics' and atheists' views on religious ethics even if general ethical principles are based on religious ethics. Further, what is the need to have professional ethics such as engineering ethics when we already have religious and general ethics? The chapter argues “engineering ethics” as a professional ethics would be an autonomous system and would be independent of religious ethics and general ethics. The reason for this claim is professionals need to perform their duties in accordance with their professional codes of conduct, and not based on their religious ethics or general ethics. The chapter submits that engineering ethics is an autonomous ethics even if it has values that resemble religious or general ethics.


Author(s):  
P. R. Bhat

The objective of this chapter is to examine the underpinning relation among religious ethics, general ethics, and engineering ethics. We, the human beings, belong to one religion or the other by birth and/or by practice. There is hardly any society that is non-religious, and every major religion has religion-based ethics. Every evolved religion promotes values such as honesty, truthfulness, nonviolence, helping the needy, etc. These values are developed by major religions, such as Hinduism, Christianity, Islam, Buddhism, Jainism, etc. All these values together constitute our understanding about general ethics. Fortunately, many religions prescribe similar values, and these values are considered as general ethics, which the chapter delineates in detail. The chapter also elucidates why we have not considered agnostics' and atheists' views on religious ethics even if general ethical principles are based on religious ethics. Further, what is the need to have professional ethics such as engineering ethics when we already have religious and general ethics? The chapter argues “engineering ethics” as a professional ethics would be an autonomous system and would be independent of religious ethics and general ethics. The reason for this claim is professionals need to perform their duties in accordance with their professional codes of conduct, and not based on their religious ethics or general ethics. The chapter submits that engineering ethics is an autonomous ethics even if it has values that resemble religious or general ethics.


2019 ◽  
Vol 2 (1) ◽  
pp. 44
Author(s):  
I Dewa Ayu Hendrawathy Putri

<em>Professional Ethics emphasis on human relationships with others who have the same profession. The goal, so there is a good cooperation and alignment between one individual with another individual in the same profession. Ethics in Public Relations have the same goal with the ethics of the profession. Their ethics Public Relations No alignment is expected to lead to good cooperation between individuals within the scope of Public Relations and improve the professionalism of practitioners of Public Relations. A professional in performing their duties and obligations are always closely related to the code of ethics (code of profession) and codes of conduct (code of conduct) as moral standards, benchmarks or guidelines in carrying out the work and responsibilities of each in accordance with its function and role in the organization represents. In addition, a public relations professional must be able to work or to act through a thorough consideration and correct. A professional can distinguish ethically which can be done and what can not be done according to the guidelines of the code of professional conduct that is carried by the person concerned</em>


Global Jurist ◽  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Marta Giaconi ◽  
Lorenzo Giasanti ◽  
Simone Varva

Abstract The virtually immediate information propagation has reduced the gap of knowledge once existing between MNEs and customers (i.e. Rana Plaza collapse, 2013). Consumers begin playing an important role in supporting workers. Their growing social awareness has clear economic consequences. MNEs have tried to react to the loss of social reputation, mainly adopting (and imposing to their suppliers) codes of conduct and ethics providing a minimum standard for decent work standards. This article aims to analyze the social reputation and social sustainability that have recently attracted stakeholders’ interest, from different points of view (MNEs, consumers, government and non-government organizations, unions). Those “new” forms of social initiatives (code of conduct, social ranking, consumers campaign, boycotting) are informative and could help to spread ILO labour standards. Clearly, they can represent only an additional support for workers who are struggling in the typical conflict between Work and Capital. The tendency to use a single parameter for assessing the social sensitivity of the MNEs, valid both for the countries “in development” and for those “already developed” risks to lead to a “race to the bottom” trend.


2011 ◽  
Vol 14 (4) ◽  
pp. 1-9
Author(s):  
Laura Trujillo-Jenks

The fervor of student speech is demonstrated through different mediums and venues in public schools. In this case, a new principal encounters the mores of a community that believes in free speech, specifically student free speech. When a pep rally becomes a venue for hate speech, terroristic threats, and profanity, the student code of conduct could become the principal’s best weapon. This case explores case law, codes of conduct, organizational culture and climate, and leadership in the context of a controversial cheerleader sketch at a pep rally. A brief literature review can be found in the teaching notes with suggestions for current and future school administrators.


Sign in / Sign up

Export Citation Format

Share Document