American common law and the principle nullum crimen sine lege

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 3111546764
Total Pages : 232 pages
Book Rating : 4.1/5 (115 download)

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Book Synopsis American common law and the principle nullum crimen sine lege by : Stanislaw Pomorski

Download or read book American common law and the principle nullum crimen sine lege written by Stanislaw Pomorski and published by Walter de Gruyter. This book was released on 2012-05-02 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

American common law and the principle "Nullum crimen sine lege" (Amerykańskie common law a zasada "nullum crimen sine lege", engl

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (642 download)

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Book Synopsis American common law and the principle "Nullum crimen sine lege" (Amerykańskie common law a zasada "nullum crimen sine lege", engl by : Stanislaw Pomorski

Download or read book American common law and the principle "Nullum crimen sine lege" (Amerykańskie common law a zasada "nullum crimen sine lege", engl written by Stanislaw Pomorski and published by . This book was released on 1975 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

American Common Law and the Principle Nullum Crimen Sine Lege

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Author :
Publisher : Fred B. Rothman
ISBN 13 : 9780837710518
Total Pages : 219 pages
Book Rating : 4.7/5 (15 download)

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Book Synopsis American Common Law and the Principle Nullum Crimen Sine Lege by : Stanisław Pomorski

Download or read book American Common Law and the Principle Nullum Crimen Sine Lege written by Stanisław Pomorski and published by Fred B. Rothman. This book was released on 1975 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt:

American common law and the principle "Nullum crimen sine lege" (Amerykaánsie common law a zasada "nullum crimen sine lege", engl.- Transl. by Elżbieta Chodakowska.) 2., rev. and enl. ed

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (163 download)

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Book Synopsis American common law and the principle "Nullum crimen sine lege" (Amerykaánsie common law a zasada "nullum crimen sine lege", engl.- Transl. by Elżbieta Chodakowska.) 2., rev. and enl. ed by : Stanislaw Pomorski

Download or read book American common law and the principle "Nullum crimen sine lege" (Amerykaánsie common law a zasada "nullum crimen sine lege", engl.- Transl. by Elżbieta Chodakowska.) 2., rev. and enl. ed written by Stanislaw Pomorski and published by . This book was released on 1975 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege

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Author :
Publisher : Springer
ISBN 13 : 3319644777
Total Pages : 261 pages
Book Rating : 4.3/5 (196 download)

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Book Synopsis Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege by : Thomas Rauter

Download or read book Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege written by Thomas Rauter and published by Springer. This book was released on 2017-09-05 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study analyzes the methods used by international criminal tribunals when determining customary international criminal law and to consider the compatibility of these approaches with the nullum crimen sine lege principle. In this context, the following research questions are of particular importance: Is there one approach common to all international criminal tribunals, or can different approaches be detected in their jurisprudence when determining customary international law? Do international criminal tribunals regard both traditional elements of customary international law – State practice and opinio iuris – as necessary elements for the establishment of customary international law? Do international criminal tribunals argue along the lines of the International Court of Justice (ICJ), requiring a high frequency and consistency of State practice that is both “extensive and virtually uniform”?In addition, the book analyzes the evidence used by international criminal tribunals in order to establish the constituent elements of customary international. It then poses the question: Do international criminal tribunals distinguish, as defined by Schwarzenberger, between the “law-creating processes” of public international law on the one hand, and the “law-determining agencies” as a subsidiary means of determining rule of law on the other?Assuming that they exist, how can different methodological approaches to determine customary international law be assessed in light of the nullum crimen sine lege principle? Does the principle require judges to apply the traditional method to establish customary international law as being based on extensive, uniform and enduring State practice accompanied by opinio iuris? Can the principle balance the desire for justice and the specificities of law creation of the international legal order with fairness for the accused? How can the law be accessible and criminal punishment foreseeable, when the underlying legal basis for criminal convictions, namely customary international criminal law, is unwritten in nature?

From the Judge's Arbitrium to the Legality Principle

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Author :
Publisher :
ISBN 13 : 9783428140183
Total Pages : 406 pages
Book Rating : 4.1/5 (41 download)

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Book Synopsis From the Judge's Arbitrium to the Legality Principle by : Georges Martyn

Download or read book From the Judge's Arbitrium to the Legality Principle written by Georges Martyn and published by . This book was released on 2013 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt:

UN Security Council Referrals to the International Criminal Court

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Publisher : BRILL
ISBN 13 : 9004342214
Total Pages : 278 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis UN Security Council Referrals to the International Criminal Court by : Alexandre Skander Galand

Download or read book UN Security Council Referrals to the International Criminal Court written by Alexandre Skander Galand and published by BRILL. This book was released on 2018-11-22 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.

Criminal Law

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Publisher :
ISBN 13 :
Total Pages : 592 pages
Book Rating : 4.:/5 (1 download)

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Book Synopsis Criminal Law by : Thomas J. Gardner

Download or read book Criminal Law written by Thomas J. Gardner and published by . This book was released on 1980 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Genocide, Crimes Against Humanity, War Crimes

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Publisher : Intersentia nv
ISBN 13 : 905095216X
Total Pages : 754 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis Genocide, Crimes Against Humanity, War Crimes by : Machteld Boot

Download or read book Genocide, Crimes Against Humanity, War Crimes written by Machteld Boot and published by Intersentia nv. This book was released on 2002 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt: 3.1 The Tokyo Charter

Commentary on the Law of the International Criminal Court

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Author :
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8283481010
Total Pages : 819 pages
Book Rating : 4.2/5 (834 download)

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Book Synopsis Commentary on the Law of the International Criminal Court by : Mark Klamberg

Download or read book Commentary on the Law of the International Criminal Court written by Mark Klamberg and published by Torkel Opsahl Academic EPublisher. This book was released on 2017-04-29 with total page 819 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Oslo Manual on Select Topics of the Law of Armed Conflict

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Publisher : Springer Nature
ISBN 13 : 3030391698
Total Pages : 151 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Oslo Manual on Select Topics of the Law of Armed Conflict by : Yoram Dinstein

Download or read book Oslo Manual on Select Topics of the Law of Armed Conflict written by Yoram Dinstein and published by Springer Nature. This book was released on 2020-01-01 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book provides a valuable restatement of the current law of armed conflict regarding hostilities in a diverse range of contexts: outer space, cyber operations, remote and autonomous weapons, undersea systems and devices, submarine cables, civilians participating in unmanned operations, military objectives by nature, civilian airliners, destruction of property, surrender, search and rescue, humanitarian assistance, cultural property, the natural environment, and more. The book was prepared by a group of experts after consultation with a number of key governments. It is intended to offer guidance for practitioners (mainly commanding officers); facilitate training at military colleges; and inform both instructors and graduate students of international law on the current state of the law.

The Legacy of Nuremberg

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004156917
Total Pages : 365 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Legacy of Nuremberg by : David A. Blumenthal

Download or read book The Legacy of Nuremberg written by David A. Blumenthal and published by Martinus Nijhoff Publishers. This book was released on 2008 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this new collection of essays the editors assess the legacy of the Nuremberg Trial asking whether the Trial really did have a civilising influence or if it constituted little more than institutionalised vengeance. Three essays focus particularly on the historical context and involve rich analysis of, for example, the atmospherics of the Trial itself and the attitudes of German society at the time to the conduct of the Trial. The majority of the essays deal with the contemporary legacies of the Nuremberg Trial and attempt to assess the ongoing relevance of the Judgment itself and of the principles encapsulated in it. Some essays consider the importance of the principle of individual criminal responsibility under international law and argue that the international community has to some extent failed to fulfil the promise of Nuremberg in the decades since the Trial. Other essays focus on contemporary application of aspects of the substantive law of Nuremberg - particularly the international crime of aggression, the law of military occupation and the use of the crime of conspiracy as an alternative basis of criminal responsibility. The collection also includes essays analysing the nature and operation of a number of international criminal tribunals since Nuremberg including the permanent International Criminal Court. The final grouping of essays focus on the impact of the Nuremberg Trial on Australia examining, in particular, Australia's post-World War Two war crimes trials of Japanese defendants, Australia's extensive national case law on Article 1(F) of the Refugee Convention and Australia's national implementing legislation for the Rome Statute.

International Law in Domestic Courts

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Publisher : Oxford University Press, USA
ISBN 13 : 0198739745
Total Pages : 769 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis International Law in Domestic Courts by : Andre Nollkaemper

Download or read book International Law in Domestic Courts written by Andre Nollkaemper and published by Oxford University Press, USA. This book was released on 2019-01-28 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

Human Rights in European Criminal Law

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Publisher : Springer
ISBN 13 : 3319120425
Total Pages : 313 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Human Rights in European Criminal Law by : Stefano Ruggeri

Download or read book Human Rights in European Criminal Law written by Stefano Ruggeri and published by Springer. This book was released on 2015-01-02 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with human rights in European criminal law after the Lisbon Treaty. Doubtless the Lisbon Treaty has constituted a milestone in the development of European criminal justice. Not only has the reform following the Treaty given binding force to the EU Charter of Fundamental Rights, but furthermore it has paved the way for unprecedented forms of supranational legislation. In this scenario, the enforcement of individual rights in criminal matters has become a core goal of EU legislation. Alongside these developments, new interactions between national and supranational jurisprudences have emerged, which have significantly contributed to a human rights-oriented approach to European criminal law. The book analyses the main developments of this complex phenomenon from an interdisciplinary perspective. Criminal and procedural law, constitutional law and comparative law must thus be combined to achieve a full understanding of these developments and of their impact on national law.

The Western Codification of Criminal Law

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Publisher : Springer
ISBN 13 : 3319719122
Total Pages : 427 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis The Western Codification of Criminal Law by : Aniceto Masferrer

Download or read book The Western Codification of Criminal Law written by Aniceto Masferrer and published by Springer. This book was released on 2018-03-09 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.

Failures of American Methods of Lawmaking in Historical and Comparative Perspectives

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Publisher : Cambridge University Press
ISBN 13 : 1108195830
Total Pages : 368 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Failures of American Methods of Lawmaking in Historical and Comparative Perspectives by : James R. Maxeiner

Download or read book Failures of American Methods of Lawmaking in Historical and Comparative Perspectives written by James R. Maxeiner and published by Cambridge University Press. This book was released on 2018-03-08 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, James R. Maxeiner takes on the challenge of demonstrating that historically American law makers did consider a statutory methodology as part of formulating laws. In the nineteenth century, when the people wanted laws they could understand, lawyers inflicted judge-made, statute-destroying, common law on them. Maxeiner offers the cure for common law, in the form of sensible statute law. Building on this historical evidence, Maxeiner shows how rule-making in civil law jurisdictions in other countries makes for a far more equitable legal system. Sensible statute laws fit together: one statute governs, as opposed to several laws that even lawyers have trouble disentangling. In a statute law system, lawmakers make laws for the common good in sensible procedures, and judges apply sensible laws and do not make them. This book shows how such a system works in Germany and would be a solution for the American legal system as well.

Principles of International Criminal Law

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Publisher : Oxford University Press
ISBN 13 : 0198703597
Total Pages : 711 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Principles of International Criminal Law by : Gerhard Werle

Download or read book Principles of International Criminal Law written by Gerhard Werle and published by Oxford University Press. This book was released on 2014 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.