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Judicial Protection In Transnational Criminal Proceedings
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Book Synopsis Judicial Protection in Transnational Criminal Proceedings by : Martin Böse
Download or read book Judicial Protection in Transnational Criminal Proceedings written by Martin Böse and published by Springer Nature. This book was released on 2020-10-28 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes and outlines a comprehensive framework for judicial protection in transnational criminal proceedings that ensures the right to judicial review without hampering the effective functioning of international cooperation in criminal matters. It examines a broad range of potential approaches in the context of selected national criminal justice systems, and offers a comparative analysis of EU Member States and non-Member States alike. The book particularly focuses on the differences between cooperation within the EU on the one hand and cooperation with third states on the other, and on the consequences of this distinction for the scope of judicial review.
Book Synopsis The Right to Silence in Transnational Criminal Proceedings by : Fenella M. W. Billing
Download or read book The Right to Silence in Transnational Criminal Proceedings written by Fenella M. W. Billing and published by Springer. This book was released on 2016-09-01 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the effectiveness and fairness of using international cooperation to obtain confession evidence or evidence of a suspect or accused person’s silence across borders. This is a question of balance in limiting and protecting the right to silence. The functioning of the applicable law in Denmark, England and Wales and Australia is analysed in relation to investigative and trial measures such as police questioning, administrative questioning powers, covert surveillance and the use of silence as evidence of guilt.On the national level, this work examines the way in which domestic rules balance the right to silence in national criminal proceedings, and whether investigative and trial rules produce continuity throughout the criminal proceedings as a whole. From the transnational perspective, comparative legal analysis is used to determine whether the national continuity may be disrupted to such an extent that cooperation in the gathering of confession evidence causes unfairness. From the international perspective, this research compares the right to silence under the ICCPR and the ECHR to identify the overall effect of cooperating under particular human rights frameworks on the question of balance.
Book Synopsis Transnational Inquiries and the Protection of Fundamental Rights in Criminal Proceedings by : Stefano Ruggeri
Download or read book Transnational Inquiries and the Protection of Fundamental Rights in Criminal Proceedings written by Stefano Ruggeri and published by Springer Science & Business Media. This book was released on 2013-01-09 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of fundamental rights in the field of transnational criminal inquiries is of great delicateness in the current tangled web of domestic and international legal sources. Due to this complex scenario, this research has been carried out from a four-level perspective. The first part provides a critical analysis of the multilevel systems of protecting fundamental rights from the perspective of supranational and constitutional case law, and in the field of international and organized crime. The second part focuses on EU judicial cooperation in three main fields: financial and serious organized crime, mutual recognition tools, and individual rights protection. The third part provides the perspectives of ten domestic legal systems in two fields, i.e., obtaining evidence abroad and cooperation with international criminal tribunals. The fourth part analyses cross-border inquiries in comparative law, providing a reconstruction of different models of obtaining evidence overseas.
Book Synopsis International Criminal Law, Transnational Criminal Organizations and Transitional Justice by : Héctor Olásolo
Download or read book International Criminal Law, Transnational Criminal Organizations and Transitional Justice written by Héctor Olásolo and published by BRILL. This book was released on 2018-08-16 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Parties negotiating the end of authoritarian regimes or armed conflicts are almost inevitably left in a situation of legal uncertainty. Despite their overlapping scope of application, the differences between the approaches of International Criminal Law (ICL) and Transitional Justice (TJ) are so profound that, unless dogmatisms are left aside and a process of dialogue is entered into, it will not be possible to harmonize the current legal regime of international crimes with the need to articulate transitional processes that are capable of effectively overcoming authoritarian regimes and armed conflicts. The serious material limitations shown by national, international and hybrid ICL enforcement mechanisms should be acknowledged and the goals pursued by ICL should be redefined accordingly. A minimum level of consensus on the scope of application, goals and elements of TJ should also be reached. Situations of systematic or large scale violence against the civilian population by transnational criminal organizations increase the challenge.
Book Synopsis International Judicial Legitimacy by : Hélène Ruiz Fabri
Download or read book International Judicial Legitimacy written by Hélène Ruiz Fabri and published by . This book was released on 2020-07-09 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: These texts on the legitimacy of international courts were framed as a direct reaction to arguments put forward in the book "In Whose Name?" by Armin von Bogdandy und Ingo Venzke. The subjects ranged from a comparison between international organizations and international courts and how they can contribute to democratize international law to assessing the democratic legitimacy of international human rights courts. Therefore the collection is dealing with both theoretical and practical questions regarding the legitimacy of international courts and how such problems relate to fundamental problems of our times.
Book Synopsis International and Transnational Criminal Law by : David Luban
Download or read book International and Transnational Criminal Law written by David Luban and published by Aspen Publishing. This book was released on 2023-09 with total page 1288 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Casebook on international and transnational criminal law"--
Book Synopsis EU Criminal Justice by : Tommaso Rafaraci
Download or read book EU Criminal Justice written by Tommaso Rafaraci and published by Springer. This book was released on 2018-12-13 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume discusses EU criminal justice from three perspectives. The first concerns fundamental rights following the adoption of the directives that have progressively reinforced the cornerstone of procedural rights of suspects and defendants in national criminal proceedings in the EU member states so as to facilitate judicial cooperation. The second perspective relates to transnational criminal investigations and proceedings, which are seen as a cross section of the current state of judicial cooperation in the area of freedom, security and justice, with the related issues of efficiency, coordination, settlement of conflicts of jurisdiction, and guarantees. The third perspective concerns the development of a supranational justice system in the light of the recently established European Public Prosecutor’s Office, whose European judicial nature still coexists with strong national components.
Book Synopsis Histories of Transnational Criminal Law by : Neil Boister
Download or read book Histories of Transnational Criminal Law written by Neil Boister and published by Oxford University Press. This book was released on 2021-08-02 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection provides an in-depth account of the history of key developments in transnational criminal law. While the history of international criminal law is now a much written about topic, the origins of most modern transnational criminal laws are not well understood. Histories of Transnational Criminal Law provides for the first time a set of legal histories of state efforts to combat and cooperate against transnational crime. With contributions from a group of word-leading experts, this edited volume traverses a range of topics, beginning with the normative, intellectual, and institutional histories of transnational criminal law. It then moves to the histories of specific transnational crimes ranging across eras from piracy to cybercrime, and finishes by examining jurisdiction, modes of liability, different forms of procedural cooperation, and the predicament of the individual in transnational criminal law. The book highlights specific issues and how they have been resolved, in the loose assemblage of norms, institutions, and practices that constitutes transnational criminal law.
Book Synopsis The Right to Silence in Transnational Criminal Proceedings by : Fenella M. W. Billing
Download or read book The Right to Silence in Transnational Criminal Proceedings written by Fenella M. W. Billing and published by Springer. This book was released on 2016-09-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the effectiveness and fairness of using international cooperation to obtain confession evidence or evidence of a suspect or accused person’s silence across borders. This is a question of balance in limiting and protecting the right to silence. The functioning of the applicable law in Denmark, England and Wales and Australia is analysed in relation to investigative and trial measures such as police questioning, administrative questioning powers, covert surveillance and the use of silence as evidence of guilt.On the national level, this work examines the way in which domestic rules balance the right to silence in national criminal proceedings, and whether investigative and trial rules produce continuity throughout the criminal proceedings as a whole. From the transnational perspective, comparative legal analysis is used to determine whether the national continuity may be disrupted to such an extent that cooperation in the gathering of confession evidence causes unfairness. From the international perspective, this research compares the right to silence under the ICCPR and the ECHR to identify the overall effect of cooperating under particular human rights frameworks on the question of balance.
Book Synopsis National Security and International Criminal Justice by : Herwig Roggemann
Download or read book National Security and International Criminal Justice written by Herwig Roggemann and published by BRILL. This book was released on 2021-10-25 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the main problems of the International Ad hoc-tribunals in The Hague and Arusha, as well as of the permanent International Court, concerns the conflict between national security and secrecy interests of sovereign States arising in legal proceedings as a result of evidence interests and the court hearing the case. While an International Criminal Court cannot succeed without the necessary competence for gathering evidence, it can also not succeed if it fails to take account of legitimate national security interests. Written by well-known authors and commentators, the articles in the book deal with this controversy from the point of view of comparative law and legal politics. The topics covered focus on experiences and decisions from the practice of both ad hoc-tribunals, as well as political and legal discussions relating to the Statute and Rules of Procedure and Evidence of the permanent International Criminal Court.
Book Synopsis An Introduction to Transnational Criminal Law by : Neil Boister
Download or read book An Introduction to Transnational Criminal Law written by Neil Boister and published by OUP Oxford. This book was released on 2012-09-06 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: The suppression of cross-border criminal activity has become a major global concern. An Introduction to Transnational Criminal Law examines how states, acting together, are responding to these forms of criminality through a combination of international treaty obligations and national criminal laws. Multilateral 'suppression conventions' oblige states parties to criminalise a broad range of activities including drug trafficking, terrorism, transnational organised crime, corruption, and money laundering, and to provide for different types of international procedural cooperation like extradition and mutual legal assistance in regard to these offences. Usually regarded as a sub-set of international criminal justice, this system of law is beginning to receive greater attention as a subject in its own right as the scale of the criminal threat and the complexity of synergyzing the criminal laws of different states is more fully understood. The book is divided into three parts. Part A asks and attempts to answer what is transnational crime and what is transnational criminal law? Part B explores a selection of substantive transnational crimes from piracy through to cybercrime. Part C examines the main procedural mechanisms involved in establishing jurisdiction and then the exercise of jurisdiction through the effective investigation and prosecution of transnational crimes. Finally, Part D looks at the implementation of transnational criminal law and the prospects for transnational criminal justice. Until recently this system of law has been largely the domain of professionals. An Introduction to Transnational Criminal Law provides a comprehensive introduction designed to fill that gap.
Book Synopsis International & Transnational Criminal Law by : Robert John Currie
Download or read book International & Transnational Criminal Law written by Robert John Currie and published by . This book was released on 2010 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt: However, as it is part of the "Essentials of Canadian Law" series, a major goal of the book is to explore fully the nexus between these bodies of international law and Canadian domestic law--and help Canadian courts and lawyers engage successfully with the international aspects of the cases they work on. Accordingly, the book contains: a stand-alone chapter on the prosecution of international crimes before Canadian courts; a detailed examination of how the various transnational crime treaties are implemented in Canadian law; and a full chapter on Canadian extradition and mutual legal assistance law and practice.
Book Synopsis Defense in International Criminal Proceedings by : Michael Bohlander
Download or read book Defense in International Criminal Proceedings written by Michael Bohlander and published by Martinus Nijhoff Publishers. This book was released on 2006-03-21 with total page 935 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of cases and materials attempts for the first time to provide a compendium of the most important legal texts, relevant documents and cases, as well as explanatory commentary on the law of defence in international criminal proceedings by scholars and practitioners who have a wealth of relevant experience in the field. The book provides students in law school courses on international human rights law and ICL with the essential materials to understand the vital importance of an adequate defence in international criminal proceedings. Further, the text gives legal practitioners who may consider extending their field of practice to the international level a look at the diversity of the tasks they will encounter and prepare them for the legal culture shock inevitable at the international tribunals and courts.
Book Synopsis Routledge Handbook of Transnational Criminal Law by : Neil Boister
Download or read book Routledge Handbook of Transnational Criminal Law written by Neil Boister and published by Routledge. This book was released on 2014-10-10 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: Certain types of crime are increasingly being perpetrated across national borders and require a unified regional or global response to combat them. Transnational criminal law covers both the international treaty obligations which require States to introduce specific substantive measures into their domestic criminal law schemes, and an allied procedural dimension concerned with the articulation of inter-state cooperation in pursuit of the alleged transnational criminal. The Routledge Handbook of Transnational Criminal Law provides a comprehensive overview of the system which is designed to regulate cross border crime. The book looks at the history and development of the system, asking questions as to the principal purpose and effectiveness of transnational criminal law as it currently stands. The book brings together experts in the field, both scholars and practitioners, in order to offer original and forward-looking analyses of the key elements of the transnational criminal law. The book is split into several parts for ease of reference: Fundamental concepts surrounding the international regulation of transnational crime. Procedures for international cooperation against alleged transnational criminals including jurisdiction, police cooperation, asset recovery and extradition. Substantive crimes covered by transnational criminal law analysing the current legal provisions for each crime. The implementation of transnational criminal law and the effectiveness of the system of transnational criminal law. With chapters from over 25 authorities in the field, this handbook will be an invaluable reference work for student and academics and for policy makers with an interest in transnational criminal law.
Book Synopsis Legal Responses to Transnational and International Crimes by : Harmen van der Wilt
Download or read book Legal Responses to Transnational and International Crimes written by Harmen van der Wilt and published by Edward Elgar Publishing. This book was released on 2017-11-24 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically reflects on the relationship between ‘core crimes’ which make up the subject matter jurisdiction of the International Criminal Court (such as war crimes, crimes against humanity, genocide, and aggression) and transnational crimes. The contributions in the book address the features of several transnational crimes and generally acknowledge that the boundaries between core crimes and transnational crimes are blurring. One of the major questions is whether, in view of this gradual merger of the categories, the distinction in legal regime is still warranted. Should prosecution and trial of transnational crimes be transferred from national to international jurisdictions?
Book Synopsis Judicial Dialogue on Human Rights by : Paolo Lobba
Download or read book Judicial Dialogue on Human Rights written by Paolo Lobba and published by BRILL. This book was released on 2017-08-28 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents a critical assessment on the use of human rights case law by international criminal tribunals. Based on the inadequacies highlighted though this analysis, the book propounds a coherent method to transfer human rights standards into international criminal justice.
Book Synopsis Transnational Crime and Criminal Law by : André Bossard
Download or read book Transnational Crime and Criminal Law written by André Bossard and published by . This book was released on 1990 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:
