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La Cour Penale Internationale Volume 313
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Book Synopsis International Law on the Maintenance of Peace by : Robert Kolb
Download or read book International Law on the Maintenance of Peace written by Robert Kolb and published by Edward Elgar Publishing. This book was released on with total page 709 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive study into the use of force and the maintenance of peace in international relations. Whilst rooted in public international law, it also approaches the question from different angles, including its historical evolution and its sociological environment. The competences and practice of the UN and of regional organizations in the maintenance of peace are examined before the focus is shifted to the inter-State level, the main non-use of force rule and its claimed or recognized exceptions. Robert Kolb analyzes each of these rules separately, before concluding with insightful reflections on the current state-of-play and considerations for the future of this branch of the law.
Book Synopsis A Transcivilizational Perspective on International Law by : Yasuaki Onuma
Download or read book A Transcivilizational Perspective on International Law written by Yasuaki Onuma and published by BRILL. This book was released on 2010-07-05 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: The twenty-first century will witness conflicts which may destabilize the international order. These conflicts are likely to arise between emerging Asian States such as China and India whose material power is growing, and the Western nations who wield significant ideational power. A West-centric international society will change to a multi-polar and multi-civilizational global society. This structural change includes, and further needs, changes of understandings and perceptions of the world, including of international law. The perspectives from which we see, understand, appreciate and assess international law must change. We need to interpret international law not only from a prevalent Statecentric international perspective and West-centric transnational perspective. Onuma argues that we must grasp international law from what he calls a trans-civilizational perspective as well. By adopting such three-layered perspectives, international law is shown to be functioning as a tool of politics yet constrained by cultural and civilizational factors. Such complex subjects as global history of international law, concepts of general and customary international law, and human rights could be appreciated in a more nuanced and subtle manner.
Book Synopsis Collected courses of the Hague Academy of International Law by : Hague Academy of International Law
Download or read book Collected courses of the Hague Academy of International Law written by Hague Academy of International Law and published by . This book was released on 2009 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Unifying and Harmonising Substantive Law and the Role of Conflict of Laws by : Katharina Boele-Woelki
Download or read book Unifying and Harmonising Substantive Law and the Role of Conflict of Laws written by Katharina Boele-Woelki and published by BRILL. This book was released on 2010-07-05 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, conflict of law rules designate only national substantive law as the applicable law. Many unifying and harmonizing substantive law instruments of both States and non-State organizations, however, are designed specifically for application to cross-border relationships. Achieving this objective is, generally, hindered by conflict of law rules. The requirements which non-national law needs to fulfil in order to be accepted as the law governing a cross-border relationship deserve clarification. Not only uniform law, such as the CISG and the envisaged European substantive law instrument for the law of obligations, but, particularly, instruments which are aimed at harmonizing substantive law, challenge the established systems of conflict of laws. In seeking a positive approach towards the application of a law other than national law various aspects need to be considered: (1) is the decision taken by a court or an arbitral tribunal; (2) what field of law (contract/delict/tort or family relationships) is involved; and (3) the objective or subjective (choice by the parties) designation of the applicable law.
Book Synopsis Radiating Impact of WTO on Its Members’ Legal System: The Chinese Perspective by : Guiguo Wang
Download or read book Radiating Impact of WTO on Its Members’ Legal System: The Chinese Perspective written by Guiguo Wang and published by BRILL. This book was released on 2011-11-15 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Trade Organization (“WTO”) resulted from globalization, through which national law provisions are internationalized and international norms are domesticated. The WTO does not permit reservation by its members who are obliged to ensure the compliance of their laws, policies and other measures. Once a member is found to have violated its obligations, it must rectify the non-compliance measures to avoid retaliation. The quasi-automatic approval procedure of the WTO Dispute Settlement Body has proved to be effective in ensuring the compliance by members and consistency of interpretation of the WTO Agreement. As the multilateral trade institution covers a wide range of sectors from trade in goods and services, and intellectual property to investment and the measures of the members include laws and regulations, administrative decisions and judicial rulings, the impacts of the WTO on the members’ legal systems are hugely profound and long lasting. In some cases, for the purpose of joining the WTO, the legal systems of the members concerned have been through significant changes.
Book Synopsis The Evolution of Sustainable Development in International Law: Inception, Meaning and Status by : Nico J. Schrijver
Download or read book The Evolution of Sustainable Development in International Law: Inception, Meaning and Status written by Nico J. Schrijver and published by BRILL. This book was released on 2009-02-28 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a relatively short time the concept of “sustainable development” has become firmly established in the field of international law. The World Commission on Environment and Development concisely defined sustainable development as follows: “development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs”. This definition takes into account the needs of both the present and future generations as well as the capacity of the earth and its natural resources which by clear implication should not be depleted by a small group of people (in industrialized countries). The aim of this book is threefold : to review the genesis and to clarify the meaning of the concept of sustainable development, as well as to assess its status within public international law. Furthermore, it examines the legal principles that have emerged in the pursuit of sustainable development. Lastly, it assesses to what extent the actual evolution of law demonstrates the balance and integration with all pertinent fields of international law as urged by the Rio, Johannesburg, and World Summit documents. This is the second volume in the Hague Academy of International Law Pocket Book series; it contains the text of the course given at the Hague Academy by Professor Schrijver. Cet ouvrage répond à trois objectifs : examiner la naissance du concept de développement durable, clarifier sa signification et évaluer son statut dans le droit international public. Il examine également les principes juridiques nés de la poursuite du développement durable. Enfin, il examine l’évolution actuelle du droit par rapport aux exigences énoncées à Rio, à Johannesburg et au cours du dernier sommet mondial en ce qui concerne l’intégration du concept de développement durable dans tous les domaines pertinents du droit international.
Book Synopsis The Triggering Procedure of the International Criminal Court by : Héctor Olásolo
Download or read book The Triggering Procedure of the International Criminal Court written by Héctor Olásolo and published by Martinus Nijhoff Publishers. This book was released on 2005 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.
Book Synopsis The International Criminal Court by : William A. Schabas
Download or read book The International Criminal Court written by William A. Schabas and published by Oxford University Press. This book was released on 2017-01-19 with total page 2251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute.This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.
Book Synopsis The International Criminal Court by : William Schabas
Download or read book The International Criminal Court written by William Schabas and published by Oxford University Press, USA. This book was released on 2010 with total page 1331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court has been operational since mid-2003, following the entry into force of the Rome Statute of the International Criminal Court on 1 July 2002. The Rome Statute is among the most complex international treaties, a combination of public international law, international humanitarian law and criminal law, both international and domestic. The Commentary provides an article-by-article analysis of the Statute. Each of the 128 articles is presented accompanied by a bibliography of academic literature relevant to that provision, an overview of the drafting history of the provision and an analysis of the text. The analytical portion of each chapter draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and the related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence and the Relationship Agreement with the United Nations. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret and apply the complex provisions of the Rome Statute
Book Synopsis Actualité de la Conférence de La Haye de 1907, Deuxième Conférence de la Paix by : Yves Daudet
Download or read book Actualité de la Conférence de La Haye de 1907, Deuxième Conférence de la Paix written by Yves Daudet and published by Brill Nijhoff. This book was released on 2008 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays contained in this volume derive from a high-level Workshop organized by the Hague Academy of International Law to determine whether the legal fundamentals that were established a century ago remain relevant today or whether they have been affected by the requirements of today's world. The world of a century ago only faintly resembles the world in which we now live, and it is therefore legitimate to ask whether the rules laid down in 1907 respond to the needs of 2007. How can it be disputed that the requirement for peace, law, the settlement of disputes, and humanitarian principles still exists, and even more emphatically than in the past? But given the new constraints with which our world is faced -- terrorism, degradation of the environment, the exacerbation of under-development in certain States, and food and energy crises -- and given the new imbalances that are appearing around the emerging powers, new forms of development, and the ubiquity of new technologies, there is a clear need for reform. The question is whether, in the name of such requirements, it is now possible to depart from certain principles that can be viewed as fundamental achievements. To what extent do the great achievements dating from the dawn of the last century survive among the rules applicable to the century that is now beginning, without excluding the developments and reforms that are necessary in a world that is so different from the world a century ago? Ce volume contient les communications et les débats concernant un colloque de haut niveau organisé par l'Académie de droit international de La Haye afin de déterminer si les fondamentaux juridiques établis au siècle dernier demeurent d'actualité de nos jours ou s'ils ont au contraire été affectés par les exigences du monde contemporain. En effet, celui-ci n'a plus grandchose à voir avec celui d'autrefois et présente des besoins plus importants que jamais en termes de paix, de droit, de règlement des différends et de principes humanitaires. Il semble donc légitime de s'interroger sur la validité qu'il y a à transposer à notre époque des règles énoncées en 1907.
Book Synopsis Criminal Responsibility for the Crime of Aggression by : Patrycja Grzebyk
Download or read book Criminal Responsibility for the Crime of Aggression written by Patrycja Grzebyk and published by Routledge. This book was released on 2013-10-01 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Nuremberg trial, the crime of aggression has been considered one of the gravest international crimes. However, since the 1940s no defendants have been charged with this crime, with some states actively opposing the notion of punishing aggression. The option of trying an individual for aggression is expressly included in the statute of the International Criminal Court. In 2010 the Assembly of States Parties adopted a definition of the crime of aggression and conditions of the exercise of jurisdiction over this crime by the Court. The Assembly also agreed that the decision on including the crime of aggression within the Court’s jurisdiction would be made in 2017 at the earliest. It is still internationally debatable whether the criminalisation of aggression is an outcome to strive for, or whether its abandonment is more preferable. In Criminal Responsibility for the Crime of Aggression, Patrycja Grzebyk explores the scope of criminal responsibility of individuals for crimes of aggression and asks why those responsible for aggression are not brought to justice. The book first works to identify the legal norms that define and delegalise aggression, before moving to determine the basis and scope for the criminalisation of aggression. The book then goes on to identify the key risks and difficulties inherent in trials for aggression. Following a string of awards in Poland, including the Manfred Lachs Prize for the best first book on public international law, this cutting investigation of aggression is now deservedly made available to the wider world. In its extensive analysis of international trials on aggression, and its synthesis of legal, political and historical rhetoric, this book offers broad and striking insight into the criminal responsibility of individuals on a world stage.
Book Synopsis Negotiating the International Criminal Court by : Fanny Benedetti
Download or read book Negotiating the International Criminal Court written by Fanny Benedetti and published by Martinus Nijhoff Publishers. This book was released on 2013-10-31 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the story and analysis of the unforeseen and astonishing success of negotiations by many countries to create a permanent international court to try atrocities. In 1998, 120 countries astounded observers worldwide and themselves by adopting the Rome Statute for an International Criminal Court. From this event began important and unprecedented changes in international relations and law. This book is for those who want to know and understand the reasons and the story behind these historic negotiations or for those who may wonder how apparently conventional United Nations negotiations became so unusual and successful. This book is both for those who seek detailed legislative history, scholars or practitioners in international law and relations and those simply curious about how the Court came about.
Book Synopsis The Relationship Between State and Individual Responsibility for International Crimes by : Béatrice I. Bonafè
Download or read book The Relationship Between State and Individual Responsibility for International Crimes written by Béatrice I. Bonafè and published by BRILL. This book was released on 2009 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique comparison between state and individual responsibility for international crimes and examines the theories that can explain the relationship between these two regimes. The study provides a comprehensive and systematic analysis of the relevant international practice from the standpoint of both international criminal law, and in particular the case law of international criminal tribunals, and state responsibility. The author shows the various connections and issues arising from the parallel establishment of state and individual responsibility for the commission of the same international crimes. These connections indicate a growing need to better co-ordinate these regimes of international responsibility. The author maintains that a general conception, according to which state and individual responsibility are two separate sets of secondary rules attached to the breach of the same primary norms, can help to solve the various issues relating to this dual responsibility. This conception of the complementarity between state and individual responsibility justifies co-ordination and consistent application of these two different regimes, each of which aims to foster compliance with the most important obligations owed to the international community as a whole.
Book Synopsis United Nations Juridical Yearbook by : United Nations
Download or read book United Nations Juridical Yearbook written by United Nations and published by . This book was released on 2005 with total page 1272 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Good Faith in International Law by : Robert Kolb
Download or read book Good Faith in International Law written by Robert Kolb and published by Bloomsbury Publishing. This book was released on 2017-07-13 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a great degree of controversy on the proper complexion and role of general principles of law in the international legal order. Opinions range from total rejection of some types of principles to the most enthusiastic endorsement of principles as the necessary oil for the many complex wheels of the legal order. In this book one of the leading public lawyers of his generation explores the concept of good faith and its role in international law. Rather than offer a detailed, comprehensive examination, Kolb aims to map the true points of gravity of the principle of good faith in the international legal order. In so doing, he illustrates how the various legal institutions who operate in the sphere of public international law allow the principle of good faith to unfold.
Download or read book Official Records written by and published by . This book was released on 2006 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 2020-10-09 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of International Criminal Law is one of the most influential textbooks in the field of international criminal justice. This fourth 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. It provides a detailed understanding of the sources and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. The book assesses in detail the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. The new edition revises and updates the work with developments in international criminal justice since 2014. It includes substantial new material on critical perspectives on international criminal justice, the fragmentation of international criminal law, new war crimes of prohibited means of warfare, and the prosecution of crimes committed in Syria and Northern Iraq.The book retains its highly-acclaimed systematic approach and consistent methodology, making it essential reading for both students and scholars of international criminal law, as well as practitioners and judges working in the field.
