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The Principle Of Legality In International And Comparative Criminal Law

Author: Kenneth S. Gallant
Publisher: Cambridge University Press
ISBN: 9780521187602
Size: 52.49 MB
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This book fills a major gap in the scholarly literature concerning international criminal law, comparative criminal law, and human rights law. The principle of legality (non-retroactivity of crimes and punishments and related doctrines) is fundamental to criminal law and human rights law. Yet this is the first book-length study of the status of legality in international law - in international criminal law, international human rights law, and international humanitarian law. This is also the first book to survey legality/non-retroactivity in all national constitutions, developing the patterns of implementation of legality in the various legal systems (e.g., Common Law, Civil Law, Islamic Law, Asian Law) around the world. This is a necessary book for any scholar, practitioner, and library in the area of international, criminal, comparative, human rights, or international humanitarian law.

The Palgrave Handbook Of Global Counterterrorism Policy

Author: Scott Nicholas Romaniuk
Publisher: Springer
ISBN: 1137557699
Size: 18.50 MB
Format: PDF, Kindle
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The Palgrave Handbook of Global Counterterrorism Policy examines a comprehensive range of counterterrorism policies, strategies, and practices across dozens of states and actors around the world. It covers the topics of terrorism and counterterrorism both thematically and by region, allowing for discussions about the underpinning dynamics of these fields, consideration of how terrorism and counterterrorism are evolving in the modern period, and in-depth analyses of individual states and non-state actors, and their approaches to countering terrorism and terrorist threats. It draws upon a multidisciplinary range of established scholars and upcoming new researchers from across multiple fields including political science and international relations, sociology, and history, examining both theory and practice in their respective chapters. This volume is an essential resource for scholars and practitioners alike.

The Territorial Jurisdiction Of The International Criminal Court

Author: Michail Vagias
Publisher: Cambridge University Press
ISBN: 1139916424
Size: 30.91 MB
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There are many variables of territoriality available to national courts under contemporary international law. Does the same apply to the International Criminal Court? And if so, what are the limits to the teleological expansion of the Court's territorial jurisdiction as regards, for example, partial commission of a crime in State not Party territory, crimes committed over the internet or crimes committed in occupied territories? Michael Vagias's analysis of the law and procedure surrounding the territorial jurisdiction of the Court examines issues such as the application of localisation theories of territoriality and the means of interpretation for article 12(2)(a); the principle of legality (nullum crimen sine lege) and human rights law for the interpretation of jurisdictional provisions; compétence de la compétence; crimes committed over the internet; and the procedure for jurisdictional objections.

Beyond Human Rights

Author: Anne Peters
Publisher: Cambridge University Press
ISBN: 1316738329
Size: 56.91 MB
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A paradigm change is occurring, in the course of which human beings are becoming the primary international legal persons. In numerous areas of public international law, substantive rights and obligations of individuals arguably flow directly from international law. The novel legal status of humans in international law is now captured with a concept borrowed from constitutional doctrine: international rights of the person, as opposed to international law protecting persons. Combining doctrinal analysis with current practice, this book is the most comprehensive contemporary analysis of the legal status of the individual. Beyond Human Rights, previously published in German and now revised by the author in this English edition, not only deals with the individual in international humanitarian law, international criminal law and international investment law, but it also covers fields such as consular law, environmental law, protection of individuals against acts of violence and natural disasters, refugee law and labour law.

Shipping Interdiction And The Law Of The Sea

Author: Douglas Guilfoyle
Publisher: Cambridge University Press
ISBN: 0521760194
Size: 71.40 MB
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In this comparative study of shipping interdiction, Douglas Guilfoyle considers the State action of stopping, searching and arresting foreign flag vessels and crew on the high seas in cases such as piracy, slavery, drug smuggling, fisheries management, migrant smuggling, the proliferation of weapons of mass destruction and maritime terrorism. Interdiction raises important questions of jurisdiction, including: how permission to board a foreign vessel is obtained; whether boarding State or flag State law applies during the interdiction (or whether both apply); and which State has jurisdiction to prosecute any crimes discovered. Rules on the use of force and protection of human rights, compensation for wrongful interdiction and the status of boarding State officers under flag State law are also examined. A unified and practical view is taken of the law applicable across existing interdiction regimes based on an extensive survey of state practice.

War Crimes In Internal Armed Conflicts

Author: Eve La Haye
Publisher: Cambridge University Press
ISBN: 1139469843
Size: 10.88 MB
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Does international law make individuals responsible for perpetrating war crimes during internal armed conflicts? Eve La Haye explores the content of international criminal law applicable in such conflicts and questions the 1995 finding of the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia that responsibility could be enforced on the basis of customary international law. This finding is evaluated with regard to state practice and the practice of international organisations. The means to enforce individual criminal responsibility for such crimes are also investigated. The states on whose territory the crimes took place have sometimes tried such perpetrators, but can other states prosecute perpetrators of war crimes under the principle of universal jurisdiction? The applicability of universal jurisdiction to war crimes committed in civil wars and the practice of domestic courts are examined, alongside the role and achievements of prosecutions carried out by international courts and tribunals.

International Criminal Law

Author: Edwin Bikundo
Publisher: Routledge
ISBN: 1317114213
Size: 10.93 MB
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This book analyses the relationship between law and violence, the utility of law over violence and whether legality as an approach has an inherent disability in addressing mass violence as a crime. The study is located within international law and assesses whether prosecuting political violence would necessarily entail an abuse of the legal process. The intention is to encourage definition of criminal aggression via legal processes laid down by the International Criminal Court, rather than giving favour to political action under the United Nations Charter. Issues discussed in the book include the controversies over the location of the crime of aggression in either law or politics, taking a legal approach to the problems outlined. Using examples from Libya, the Ivory Coast, and Kenya, the work will be of interest to those working in the areas of international criminal justice, international law, legal theory, and international relations.

Positive Obligations In Criminal Law

Author: Andrew Ashworth
Publisher: A&C Black
ISBN: 1782253424
Size: 36.73 MB
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This book offers a set of essays, old and new, examining the positive obligations of individuals and the state in matters of criminal law. The centrepiece is a new, extended essay on the criminalisation of omissions-examining the duties to act imposed on individuals and organisations by the criminal law, and assessing their moral and social foundations. Alongside this is another new essay on the state's positive obligations to put in place criminal laws to protect certain individual rights. Introducing the volume is the author's much-cited essay on criminalisation, 'Is the Criminal Law a Lost Cause?'. The book sets out to shed new light on contemporary arguments about the proper boundaries of the criminal law, not least by exploring the justifications for imposing positive duties (reinforced by the criminal law) on individuals and their relation to the positive obligations of the state.

Exclusion From Public Space

Author: Daniel Moeckli
Publisher: Cambridge University Press
ISBN: 1107154650
Size: 71.24 MB
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This book explores the implications of banning people from public space for the rule of law, fundamental rights, and democracy.