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Nullum Crimen Sine Lege The European Convention On Human Rights And The Foreseeability Of The Law
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Book Synopsis Nullum Crimen Sine Lege, the European Convention on Human Rights and the Foreseeability of the Law by : Sara Paiusco
Download or read book Nullum Crimen Sine Lege, the European Convention on Human Rights and the Foreseeability of the Law written by Sara Paiusco and published by Nomos Verlag. This book was released on 2021-06-17 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Das Buch untersucht nullum crimen sine lege als europäischen Grundsatz. Die Untersuchung konzentriert sich auf die Rolle der Vorhersehbarkeit als Lösung für die Legalitätsprobleme, die sich aus dem Richterrecht im Strafrecht ergeben. Die Vorhersehbarkeit und seine Entwicklung werden in der Rechtsprechung des EGMR untersucht. Aktuelle Lösungen, die von Zivilrechtsstaaten (Italien und Deutschland) angenommen wurden, werden auch unter Berücksichtigung der theoretischen Grundlagen von ncsl analysiert. Darüber hinaus wird die Rolle der Vorhersehbarkeit im EU-Recht als Beispiel für eine wirkungsorientierte Rechtsordnung betrachtet. Abschließend werden Zukunftsperspektiven für die Umsetzung der Vorhersehbarkeit analysiert.
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
Book Synopsis Legality in Europe by : Mikhel Timmerman
Download or read book Legality in Europe written by Mikhel Timmerman and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through the establishment of EU criminal law, EU actors have come to influence the definition and interpretation of domestic crimes and penalties. Both the EU legislature and the CJEU define and interpret provisions of EU law with relevance for the determination of criminal liability and the prescription of applicable penalties in the law of the Member States.This influence on substantive criminal law raises questions about the limits to these legislative and interpretive activities, both at the EU level and at the level of the Member States. Since requirements for the definition, interpretation, and application of substantive criminal law are traditionally provided by the principle nullum crimen, nulla poena sine lege (ie the legality principle), the functioning of this principle in EU criminal law merits investigation.To understand the role and functioning of the legality principle in EU criminal law, the author examines and compares the actual constructions of the supranational European legality principles; ie the legality principles protected under the ECHR and by EU law.He ascertains that, while under the ECHR, the legality principle only requires the protection of a rather minimal standard of legal certainty, such a minimum standard might not be appropriate under EU law.The multilevel nature of the definition and interpretation of offences and penalties in EU criminal law, the influence of multilingualism, and the general EU standard of legal certainty provided outside the criminal sphere, make it appropriate that the EU's legality principle goes beyond the minimum ECHR standard.The author argues that, instead of merely functioning as a prohibition on arbitrariness, the EU legality principle should ensure a level of legal certainty, which is closer to the maximum predictability of the consequences of certain acts. Furthermore, it should be construed more consistently and on the basis of a clear conceptual framework, while its general conformity with the ECHR minimum standard should be made more apparent.
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?
Book Synopsis Law-Making and Legitimacy in International Humanitarian Law by : Püschmann, Jonas
Download or read book Law-Making and Legitimacy in International Humanitarian Law written by Püschmann, Jonas and published by Edward Elgar Publishing. This book was released on 2021-10-19 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.
Book Synopsis Intersections of Law and Culture at the International Criminal Court by : Julie Fraser
Download or read book Intersections of Law and Culture at the International Criminal Court written by Julie Fraser and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.
Book Synopsis The European Convention on Human Rights – Principles and Law by : Carla M. Buckley
Download or read book The European Convention on Human Rights – Principles and Law written by Carla M. Buckley and published by Council of Europe. This book was released on 2022-11-23 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: An indispensable guide for university students, government officials and legal practitioners alike. The European Convention on Human Rights – Principles and law is the essential handbook for university students, government officials, lawyers and human rights advocates seeking a comprehensive and concise account of the case law generated under the European Convention on Human Rights. Written by experts on the Convention, it: • cites nearly 1 500 cases, providing links to each case in the HUDOC database; • identifies key challenges and current legal developments; • provides suggestions for further reading on contentious issues; • is a companion text to Council of Europe’s book The individual application under the European Convention on Human Rights – Procedural guide by Linos-Alexandre Sicilianos and Maria-Andriani Kostopoulou.
Book Synopsis The Defence of Mistake of Law in International Criminal Law by : Antonio Coco
Download or read book The Defence of Mistake of Law in International Criminal Law written by Antonio Coco and published by Oxford University Press. This book was released on 2022-08-04 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The adage 'ignorance of the law is no excuse' is significantly inaccurate. Ignorance and mistake of law do, under certain circumstances, exclude responsibility both in national and international criminal law. This monograph updates the existing reviews of law and practice on the topic, aiming to go a step further: it takes the analysis of mistake of law as a starting point for systematic observations about international criminal law in general. First, the volume defines the contours of the defence of mistake of law in general theory of criminal law, distinguishing it from cognate defences and highlighting, most notably, its connection with superior orders. Secondly, it gives an overview of the possible approaches to the defence, offering examples from national law as terms of reference for the subsequent analysis of international criminal law. Thirdly, it surveys the relevant law and practice of international criminal tribunals, with a focus on the International Criminal Court, and it contemplates offences for which a defence of mistake of law may potentially succeed. Finally, the author tries to interpret what the rules on mistake of law applicable before international criminal tribunals imply about the purpose of punishing individuals and to the legitimacy of such punishment. Whilst the discourse on international criminal law is more and more concerned with global politics, The Defence of Mistake of Law in International Criminal Law brings back the focus on the appropriateness of imposing a guilty verdict on the individual defendant, a human being constituting the basic unit of each society.
Author :David (Professor of Criminal Justice Ormerod, University College London and Deputy High Court Judge) Publisher : ISBN 13 :0198831943 Total Pages :858 pages Book Rating :4.1/5 (988 download)
Book Synopsis Smith, Hogan, and Ormerod's Text, Cases, and Materials on Criminal Law by : David (Professor of Criminal Justice Ormerod, University College London and Deputy High Court Judge)
Download or read book Smith, Hogan, and Ormerod's Text, Cases, and Materials on Criminal Law written by David (Professor of Criminal Justice Ormerod, University College London and Deputy High Court Judge) and published by . This book was released on 2020-06-22 with total page 858 pages. Available in PDF, EPUB and Kindle. Book excerpt: Smith, Hogan, and Ormerod's Text, Cases, and Materials on Criminal Law is a thorough and accessible guide to criminal law, providing invaluable extracts from key cases, statutes, and expert articles, which have been carefully selected to illuminate the core of criminal law. Ormerod and Lairdexpertly guide the reader through the various facets of the law while posing stimulating questions for students to investigate further and reflect upon.This book provides the law student with everything they need to develop a thorough understanding of this fascinating subject.Online Resourceswww.oup.com/uk/shoThis book is accompanied by a selection of online resources, including detailed annual updates, useful web links, and outline answer guidance to selected in-text questions.
Book Synopsis Europe of Rights: A Compendium on the European Convention of Human Rights by : Javier García Roca
Download or read book Europe of Rights: A Compendium on the European Convention of Human Rights written by Javier García Roca and published by Martinus Nijhoff Publishers. This book was released on 2012-03-20 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a systematic commentary on half a century of case law on the Convention system made by a group of legal experts from various universities and legal disciplines. It provides a guide of the rights protected under ECHR as well as a better understanding, open to supranational scenarios, of fundamental rights in the respective Constitutions. Our intention is not only to make available a mere case law commentary. This work indeed offers succinct information on the most consolidated lines of case law and this is probably where it is most useful. Nevertheless there is also academic reflection, which we believe is nowadays essential as Europe is becoming more than a continent: it is, above all, a civilisation, with a common language of rights, a developing ius commune.
Book Synopsis Experientiam et Progressionem in Comparative and International Law by : Banggui Jin
Download or read book Experientiam et Progressionem in Comparative and International Law written by Banggui Jin and published by ADJURIS – International Academic Publisher. This book was released on 2022-08-19 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the scientific papers presented at the 2nd Conference on Comparative and International Law that was held on 24 June 2022 online on Zoom. This is an international conference. The conference is organized every year by the Society of Juridical and Administrative Sciences together with the Faculty of Law of the Bucharest University of Economic Studies. More information about the conference can be found on the official website: www.comparativelawconference.eu . The scientific studies included in this volume are grouped into three chapters: Contemporary Applicability Presentations in Comparative Law, International Law and Its Modern Regulatory Powers and Some aspects regarding criminal challenges. This volume is aimed at practitioners, researchers, students and PhD. candidates in juridical sciences, who are interested in recent developments and prospects for development in the field of comparative and international law.
Book Synopsis Transitional Jurisprudence and the ECHR by : Antoine Buyse
Download or read book Transitional Jurisprudence and the ECHR written by Antoine Buyse and published by Cambridge University Press. This book was released on 2011-08-11 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights has been a standard-setting text for transitions to peace and democracy in states throughout Europe. This book analyses the content, role and effects of the jurisprudence of the European Court relating to societies in transition. It features a wide range of transitional challenges, from killings by security forces in Northern Ireland to property restitution in East Central Europe, and from political upheaval in the Balkans to the position of religious minorities and Roma. Has the European Court developed a specific transitional jurisprudence? How do politics affect the ways in which the Court's judgments are implemented? Does the Court's case-law itself become woven into narratives of struggle in transitional societies? This book seeks to answer these questions by highlighting the unique role of Europe's main guardian of human rights, the Court in Strasbourg. It includes a comparison with the Inter-American and African human rights systems.
Book Synopsis Strengthening the Validity of International Criminal Tribunals by : Joanna Nicholson
Download or read book Strengthening the Validity of International Criminal Tribunals written by Joanna Nicholson and published by BRILL. This book was released on 2018-05-03 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strengthening the Validity of International Criminal Tribunals provides multi-disciplinary perspectives concerning ways in which international criminal tribunals can be made more valid and effective in a time of uncertainty for the field of international criminal justice.
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 The EU Charter of Fundamental Rights by : Steve Peers
Download or read book The EU Charter of Fundamental Rights written by Steve Peers and published by Bloomsbury Publishing. This book was released on 2021-11-18 with total page 1568 pages. Available in PDF, EPUB and Kindle. Book excerpt: “..this most thorough commentary must be regarded as the Bible on the Charter” Peter Oliver, Common Market Law Review This second edition of the first commentary of the EU Charter of Fundamental Rights in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. This is a much-welcomed new edition of the authoritative guide to the Charter.
Download or read book Rethinking Cybercrime written by Tim Owen and published by Springer Nature. This book was released on 2020-11-13 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a contemporary ‘snapshot’ of critical debate centred around cybercrime and related issues, to advance theoretical development and inform social and educational policy. It covers theoretical explanations for cybercrime, typologies of online grooming, online-trolling, hacking, and law and policy directions. This collection draws on the very best papers from 2 major international conferences on cybercrime organised by UCLAN. It is well positioned for advanced students and lecturers in Criminology, Law, Sociology, Social Policy, Computer Studies, Policing, Forensic Investigation, Public Services and Philosophy who want to understand cybercrime from different angles and perspectives.
Book Synopsis European Convention on Human Rights by : Christoph Grabenwarter
Download or read book European Convention on Human Rights written by Christoph Grabenwarter and published by Bloomsbury Publishing. This book was released on 2014-02-12 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights (ECHR) entered into force on 3 September 1953 with binding effect on all Member States of the Council of Europe. It grants the people of Europe a number of fundamental rights and freedoms (right to life, prohibition of torture, prohibition of slavery and forced labour, right to liberty and security, right to a fair trial, no punishment without law, right to respect for private and family life, freedom of thought, conscience and religion, freedom of expression, freedom of assembly and association, right to marry, right to an effective remedy, prohibition of discrimination) plus some more by additional protocols to the Convention (Protocols 1 (ETS No. 009), 4 (ETS No. 046), 6 (ETS No. 114), 7 (ETS No. 117), 12 (ETS No. 177) and 13 (ETS No. 187)). Any person who feels his or her rights under the ECHR have been violated by the authorities of one of the Member States can bring a case to the European Court of Human Rights, established under the Convention. The States are bound by the Court's decisions. The Committee of Ministers of the Council of Europe make sure that the decisions are properly executed. Today the Court receives thousands of petitions annually, demonstrating the immense impact of the Convention and the Strasbourg Court. Professor Grabenwarter's Commentary deals with the Convention systematically, article-by-article, considering the development and scope of each article, together with the relevant case-law and literature.
