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Criminal Theory And International Human Rights Law
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Book Synopsis Criminal Theory and International Human Rights Law by : Steven Malby
Download or read book Criminal Theory and International Human Rights Law written by Steven Malby and published by Routledge. This book was released on 2019-09-11 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of an international human rights jurisprudence on criminalization is in its relative infancy. Nonetheless, systematic examination of international decisions on acts engaging the criminal law reveals an emerging human rights approach to the acceptability, or not, of criminalization. This book provides an in-depth characterization of the reasoning and principles that underpin those decisions. The work builds upon and adds value to existing literature by bringing together two fields of study – international human rights law and criminal theory – that usually receive separate treatment. It provides an in-depth analysis of human rights criminalization jurisprudence and presents a systematic identification of underlying reasoning and concepts that influence international human rights decisions on criminalization. The work thus advances both fields independently, as well as providing an example of inter-(sub)disciplinary analysis. The book will be a valuable resource for academics and students working in the areas of International Human Rights Law, Criminal Law, and Moral Philosophy.
Book Synopsis The Presumption of Innocence in International Human Rights and Criminal Law by : Michelle Coleman
Download or read book The Presumption of Innocence in International Human Rights and Criminal Law written by Michelle Coleman and published by Routledge. This book was released on 2021-03-03 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed. The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.
Book Synopsis Justice as Message by : Carsten Stahn
Download or read book Justice as Message written by Carsten Stahn and published by . This book was released on 2020 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is the first to examine the expressive and communicative functions of law in a comprehensive way in the field of atrocity crime. It shows that expression and communication are not only inherent parts of the punitive functions of international criminal justice, but are represented in a whole spectrum of practices.
Book Synopsis The Theory and Practice of International Criminal Law by : Michael Scharf
Download or read book The Theory and Practice of International Criminal Law written by Michael Scharf and published by BRILL. This book was released on 2008-08-31 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cherif Bassiouni is often referred to as "the father of international criminal law." Every major international criminal law instrument developed in the last forty years, from the Torture Convention to the Statute of the International Criminal Court, bears his hallmark. His writings, diplomatic initiatives, fieldwork, and even litigation have made an unparalleled contribution to the emergence of international criminal law as a distinct discipline within the field of international law. This book contains a collection of fifteen scholarly essays, written by leading experts from around the world, about the theory and practice of modern international criminal law, with a focus on Cherif Bassiouni's unique legacy within this important area. Among the contributing authors are Louise Arbour, UN High Commissioner for Human Rights; Mahnoush Arsanjani, Chief of the UN Office of Legal Affairs Codification Division; Diane Orentlicher, UN Independent Expert on Combating Impunity; Michael Reisman, former President of the Inter-American Commission for Human Rights; Yves Sandoz, Director for International Law of the International Committee of the Red Cross; William Schabas, Member of the Sierra Leone Truth Commission; Brigitte Stern, Advocate for the Bosnians in the World Court's Genocide case; and Prince Hassan bin Talal, first President of the Assembly of States Parties of the International Criminal Court.
Book Synopsis Crime and Human Rights by : Joachim Savelsberg
Download or read book Crime and Human Rights written by Joachim Savelsberg and published by SAGE. This book was released on 2010-04-19 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crimes against humanity are amongst the most shocking violations imaginable. Savelsberg′s text provides a much-needed criminological insight to the topic, exploring explanations of and responses to human rights abuses. Linking human rights scholarship with criminological theory, the book is divided into three parts: Part 1: Examines the legal and historical approach to the topic within a criminological framework Part 2: Unpicks the aetiology of human rights offending with real and detailed case studies Part 3: Explores institutional responses to crimes and uses criminological theory to offer solutions. Seminal yet concise, Crime and Human Rights is written for advanced students, postgraduates and scholars of crime, crime control and human rights. With its fresh and original approach to a complex topic, the book′s appeal will span across disciplines from politics and sociology to development studies, law, and philosophy. Compact Criminology is an exciting series that invigorates and challenges the international field of criminology. Books in the series are short, authoritative, innovative assessments of emerging issues in criminology and criminal justice – offering critical, accessible introductions to important topics. They take a global rather than a narrowly national approach. Eminently readable and first-rate in quality, each book is written by a leading specialist. Compact Criminology provides a new type of tool for teaching, learning and research, one that is flexible and light on its feet. The series addresses fundamental needs in the growing and increasingly differentiated field of criminology.
Book Synopsis The Oxford Handbook of International Human Rights Law by : Dinah Shelton
Download or read book The Oxford Handbook of International Human Rights Law written by Dinah Shelton and published by . This book was released on 2013-09 with total page 1077 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of International Human Rights Law provides an authoritative and original overview of one of the key branches of international law. Forty contributors comprehensively analyse the role of human rights in international law from a global perspective, examining its origins and principles, and measuring its impact on the world.
Book Synopsis The Law of International Human Rights Protection by : Walter Kälin
Download or read book The Law of International Human Rights Protection written by Walter Kälin and published by . This book was released on 2019 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of Kalin and Kunzli's authoritative book provides a concise but comprehensive legal analysis of international human rights protection at the global and regional levels. It shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them.
Book Synopsis Criminal Punishment and Human Rights: Convenient Morality by : Adnan Sattar
Download or read book Criminal Punishment and Human Rights: Convenient Morality written by Adnan Sattar and published by Routledge. This book was released on 2019-03-05 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relationship between international human rights discourse and the justifi cations for criminal punishment. Using interdisciplinary discourse analysis, it exposes certain paradoxes that underpin the ‘International Bill of Human Rights’, academic commentaries on human rights law, and the global human rights monitoring regime in relation to the aims of punishment in domestic penal systems. It argues that human rights discourse, owing to its theoretical kinship with Kantian philosophy, embodies a paradoxical commitment to human dignity on the one hand, and retributive punishment on the other. Further, it sustains the split between criminal justice and social justice, which results in a sociologically ill-informed understanding of punishment. Human rights discourse plays a paradoxical role vis-à-vis the punitive power of the state as it seeks to counter criminalisation in some areas and backs the introduction of new criminal offences – and longer prison sentences – in others. The underlying priorities, it is argued, have been shaped by a number of historical circumstances. Drawing on archival material, the study demonstrates that the international penal discourse produced during the late nineteenth and early twentieth century laid greater emphasis on offender rehabilitation and was more attentive to the social context of crime than is the case with the modern human rights discourse.
Book Synopsis International Human Rights by : Jack Donnelly
Download or read book International Human Rights written by Jack Donnelly and published by Westview Press. This book was released on 2012-07-22 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Human Rights examines the ways in which states and other international actors have addressed human rights since the end of World War II. This unique textbook features substantial attention to theory, history, international and regional institutions, and the role of transnational actors in the protection and promotion of human rights. Its purpose is to explore the difficult and contentious politics of human rights, and how those political dimensions have been addressed at the national, regional, and especially international levels. The fifth edition is substantially updated, rewritten, and revised throughout, including updates on multilateral institutions (especially the UN's Universal Periodic Review process and the Human Rights Council's Special Procedures mechanisms), regional systems, human rights in foreign policy (including a specific chapter on U.S. foreign policy), humanitarian intervention and the "responsibility to protect," and (anti)terrorism and human rights. The book also includes a new chapter on the unity (indivisibility) of human rights. Chapters include discussion questions, case studies for in-depth examination of topics (including new case studies on the U.N. Special Procedures, Myanmar, and Israeli settlements in West-Bank Palestine), and ten "problems" (including new entries on the war in Syria and hierarchies between human rights) tailored to promote classroom discussion.
Book Synopsis Routledge Handbook of International Human Rights Law by : Scott Sheeran
Download or read book Routledge Handbook of International Human Rights Law written by Scott Sheeran and published by Routledge. This book was released on 2014-08-07 with total page 1062 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of International Human Rights Law provides the definitive global survey of the discipline of international human rights law. Each chapter is written by a leading expert and provides a contemporary overview of a significant area within the field. As well as covering topics integral to the theory and practice of international human rights law the volume offers a broader perspective though examinations of the ways in which human rights law interacts with other legal regimes and other international institutions, and by addressing the current and future challenges facing human rights. Providing up-to-date and authoritative articles covering key aspects of international human rights law, this book work is an essential work of reference for scholars, practitioners and students alike. Chapter 35 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://www.routledgehandbooks.com/doi/10.4324/9780203481417.ch35
Book Synopsis The Idea of International Human Rights Law by : Steven Wheatley
Download or read book The Idea of International Human Rights Law written by Steven Wheatley and published by Oxford University Press. This book was released on 2019-01-17 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: International human rights law has emerged as an academic subject in its own right, separate from, but still related to international law. This book explains the distinctive nature of this discipline by examining the influence of the idea of human rights on general international law. Rather than make use of a particular moral philosophy or political theory, it explains human rights by examining the way the term is deployed in legal practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice of the United Nations, the core human rights treaties, and customary international law, the work demonstrates the emergence of the moral concept of human rights as a fact of the social world. It reveals the dynamic nature of this concept, and the influence of the idea on the legal practice, a fact that explains the fragmentation of international law and special nature of international human rights law.
Book Synopsis International Prosecution of Human Rights Crimes by : Wolfgang Kaleck
Download or read book International Prosecution of Human Rights Crimes written by Wolfgang Kaleck and published by Springer Science & Business Media. This book was released on 2006-11-22 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores recent developments in the international and national prosecution of persons accused of committing war crimes and crimes against humanity. It considers the relationship between national and international law, science and practice, with emphasis on the emerging principle of universial jurisdiction and the effect of "the war on terror" on legal norms.
Book Synopsis Human Rights and the Criminal Justice System by : Anthony Amatrudo
Download or read book Human Rights and the Criminal Justice System written by Anthony Amatrudo and published by Routledge. This book was released on 2014-09-15 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: We now live in a world which thinks through the legislative implications of criminal justice with one eye on human rights. Human Rights and the Criminal Justice System provides comprehensive coverage of human rights as it relates to the contemporary criminal justice system. As well as being a significant aspect of international governance and global justice, Amatrudo and Blake argue here that human rights have also eclipsed the rhetoric of religion in contemporary moral discussion. This book explores topics such as terrorism, race, and the rights of prisoners, as well as existing legal structures, court practices, and the developing literature in Criminology, Law and Political Science, in order to critically review the relationship between the developing body of human rights theory and practice, and the criminal justice system. This book will be of considerable interest to those with academic concerns in this area; as well as providing an accessible, yet sophisticated, resource for upper level undergraduate and postgraduate human rights courses.
Book Synopsis Research Handbook on International Human Rights Law by : Sarah Joseph
Download or read book Research Handbook on International Human Rights Law written by Sarah Joseph and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook brings together the work of 25 leading human rights scholars from all over the world, covering a broad range of human rights topics.
Book Synopsis International Human Rights Law and Practice by : Ilias Bantekas
Download or read book International Human Rights Law and Practice written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2024-02-15 with total page 1033 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its fourth edition, this well-respected textbook blends the theory of human rights with its context, debates and practice.
Book Synopsis Amnesty, Serious Crimes and International Law by : Josepha Close
Download or read book Amnesty, Serious Crimes and International Law written by Josepha Close and published by Routledge. This book was released on 2019-05-16 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amnesty, Serious Crimes and International Law examines the permissibility of amnesties for serious crimes in the contemporary international order. In the last few decades, there has been a growing tendency to consider that amnesties are prohibited in respect of certain grave crimes. However, the question remains controversial as there is no explicit treaty ban and general amnesties continue to be frequently issued in post-conflict and transitional contexts. The first part of the book explores the use of amnesties from antiquity to the present day. It reviews amnesty traditions in ancient societies and provides a global picture of modern amnesties. In parallel, it traces the development of the accountability paradigm underpinning the current prohibitive stance on amnesties. The second part assesses the position of modern international law on amnesties. It comprehensively analyses the main arguments supporting the existence of a general amnesty ban, including the duty to prosecute international crimes, the right to redress of victims of human rights violations, international standards and trends in state practice, and the mandate of international criminal courts. The book argues that, while international legal or policy requirements restrict the freedom of states to extend amnesty in respect of serious crimes, or the effectiveness of amnesty measures in preventing the prosecution of such crimes, these restrictions do not add up to an absolute and universal prohibition.
Book Synopsis International Human Rights Law and Crimes Against Women in Turkey by : Ayşe Güneş
Download or read book International Human Rights Law and Crimes Against Women in Turkey written by Ayşe Güneş and published by Routledge. This book was released on 2020-12-20 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book evaluates the effectiveness of current international human rights law, and in particular the recent Istanbul Convention, in eradicating so-called honour killings in Turkey. So-called ‘honour killings’ have become an issue of concern for the international community. In Turkey, in particular, the practice still exists despite the adoption of the relevant human rights instruments. The book argues that the improvement of the status of women in Turkey in accordance with gender equality as well as the application of the principle of state due diligence, both requirements of the Istanbul Convention and international human rights law, are fundamental means towards eradicating the killing of women in the name of ‘honour’. Using feminist approaches, in particular the intersectionality approach, the study looks at the application of such standards as well as the current obstacles. Through such a lens, the study discusses the strengths and weaknesses of the Turkish Constitution, Turkish Civil Code, Turkish Penal Code and Law to Protect Family and Prevent Violence Against Women and questions the judicial approach to the implementation of the women’s right to life. It identifies the lacunae in the Turkish legislation that allow inadequate legal protection for women and the inconsistency of the judicial approach to the definition of the so-called honour killings in the judgements. The study then recommends some concrete amendments to the relevant legal provisions in order to better reflect the international framework and the feminist approaches. The book will be a valuable resource for academics, researchers and policy-makers in the areas of international human rights law and feminist legal theory.
