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Author : Kenneth S. Gallant
Publisher :
ISBN 13 :
Total Pages : 603 pages
Book Rating : 4.:/5 (958 download)
Download or read book The Principle of Legality in International and Comparative Criminal Law written by Kenneth S. Gallant and published by . This book was released on 2011 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Kenneth S. Gallant
Publisher :
ISBN 13 : 9780511475948
Total Pages : 603 pages
Book Rating : 4.4/5 (759 download)
Download or read book The Principle of Legality in International and Comparative Criminal Law written by Kenneth S. Gallant and published by . This book was released on 2009 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2009 text was the first modern book-length study of the status of legality in international criminal law, international human rights law, and comparative law.
Author : Gabriel Hallevy
Publisher : Springer Science & Business Media
ISBN 13 : 3642137148
Total Pages : 199 pages
Book Rating : 4.6/5 (421 download)
Download or read book A Modern Treatise on the Principle of Legality in Criminal Law written by Gabriel Hallevy and published by Springer Science & Business Media. This book was released on 2010-09-09 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a scientific treatise on the principle of legality in criminal law. It explores the relation between the principle of legality and the general theory of criminal law and contains definite rules emphasized for practitioners as well as academia.
Author : Iryna Marchuk
Publisher : Springer Science & Business Media
ISBN 13 : 3642282466
Total Pages : 304 pages
Book Rating : 4.6/5 (422 download)
Download or read book The Fundamental Concept of Crime in International Criminal Law written by Iryna Marchuk and published by Springer Science & Business Media. This book was released on 2013-07-29 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.
Author : Christina Peristeridou
Publisher :
ISBN 13 : 9781780683577
Total Pages : 0 pages
Book Rating : 4.6/5 (835 download)
Download or read book The Principle of Legality in European Criminal Law written by Christina Peristeridou and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a theory for the principle of legality in European criminal law. Its focus is on the legitimising and normative functions of this principle.
Author : Fabián Raimondo
Publisher : BRILL
ISBN 13 : 9047431677
Total Pages : 236 pages
Book Rating : 4.0/5 (474 download)
Download or read book General Principles of Law in the Decisions of International Criminal Courts and Tribunals written by Fabián Raimondo and published by BRILL. This book was released on 2008-10-02 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: International lawyers usually disregard the vital functions that general principles of law may play in the decisions of international courts and tribunals. As far as international criminal law is concerned, general principles of law may be crucial to the outcome of an international trial, inter alia because the conviction of an accused in respect of a particular charge may depend on the existence of a given defence under this source. This volume examines the role that general principles of law have played in the decisions of international criminal courts and tribunals. In particular, it analyses their alleged ‘subsidiary’ nature, their process of determination, and their transposition from national legal systems into international law. It concludes that general principles of law have played a significant role in the decisions of international criminal courts and tribunals, not only by filling legal gaps, but also by being a fundamental means for the interpretation of legal rules and the enhancement of legal reasoning.
Author : Edwin Bikundo
Publisher : Routledge
ISBN 13 : 1317114221
Total Pages : 222 pages
Book Rating : 4.3/5 (171 download)
Download or read book International Criminal Law written by Edwin Bikundo and published by Routledge. This book was released on 2016-04-22 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the relationship between law and violence, the utility of law over violence and whether legality as an approach has an inherent disability in addressing mass violence as a crime. The study is located within international law and assesses whether prosecuting political violence would necessarily entail an abuse of the legal process. The intention is to encourage definition of criminal aggression via legal processes laid down by the International Criminal Court, rather than giving favour to political action under the United Nations Charter. Issues discussed in the book include the controversies over the location of the crime of aggression in either law or politics, taking a legal approach to the problems outlined. Using examples from Libya, the Ivory Coast, and Kenya, the work will be of interest to those working in the areas of international criminal justice, international law, legal theory, and international relations.
Author : Laura Pineschi
Publisher : Springer
ISBN 13 : 3319191802
Total Pages : 325 pages
Book Rating : 4.3/5 (191 download)
Download or read book General Principles of Law - The Role of the Judiciary written by Laura Pineschi and published by Springer. This book was released on 2015-06-22 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin’s theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on the role of general principles in transnational judicial communication, a study on the recognition of international law from formal criteria to substantive principles, and an inquiry from the viewpoint of neo-constitutionalism. The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences. The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality. Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as further their reciprocal interactions.
Author : Mercedes Pérez Manzano
Publisher : Springer
ISBN 13 : 9783319638645
Total Pages : 234 pages
Book Rating : 4.6/5 (386 download)
Download or read book Multilevel Protection of the Principle of Legality in Criminal Law written by Mercedes Pérez Manzano and published by Springer. This book was released on 2017-11-07 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the simultaneous protection of fundamental rights by various norms and jurisdictional organs, focussing on the multilevel protection of the principle of legality in Criminal Law.Written by accredited specialists in criminal law, constitutional law, international public law, and the philosophy of law, the majority of them ex-Counsels of the Spanish Constitutional Court, it addresses various manifestations of the principle of legality: the requirement of precision, the judicial subjection to law and the prohibition of bis in idem. It does so not only from a theoretical perspective, but also through a comparative study of the jurisdiction of the European Court of Human Rights, the Inter-American Court of Human Rights, the Court of Justice of the European Union and state constitutional courts. This practical approach characterizes the book, which culminates in a detailed analysis of the relevant ECtHR Judgement Del Río Prada v. Spain on the retroactivity of unfavourable jurisprudence."Multilevel protection of the principle of legality in Criminal Law" is a useful instrument of reflection for scholars of both the principle of criminal legality and the problems that arise from the concurrency of protective jurisdictions of human rights.
Author : Roelof Haveman
Publisher : Intersentia nv
ISBN 13 : 905095314X
Total Pages : 384 pages
Book Rating : 4.0/5 (59 download)
Download or read book Supranational Criminal Law written by Roelof Haveman and published by Intersentia nv. This book was released on 2003 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: What exactly is the context in which all aspects of this new field of criminal law have to be interpreted? What does the principle of legality mean in the context of supranational criminal law? Which tradition lies at the basis of this new law system? Is supranational criminal law as it grows the result of a deliberate policy, tending towards a coherent system? Or is it merely the result of crisis management?
Author : CHAO Yi
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8283480219
Total Pages : 4 pages
Book Rating : 4.2/5 (834 download)
Download or read book The Role of International Criminal Law in the Global Legal Order written by CHAO Yi and published by Torkel Opsahl Academic EPublisher. This book was released on 2015-08-31 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John D Jackson
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314627
Total Pages : 462 pages
Book Rating : 4.8/5 (473 download)
Download or read book Crime, Procedure and Evidence in a Comparative and International Context written by John D Jackson and published by Bloomsbury Publishing. This book was released on 2008-09-29 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška 's work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška's work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaška 's contribution to comparative law and the challenges faced by comparative law in the twenty first century.
Author : Kai Ambos
Publisher : Cambridge University Press
ISBN 13 : 1108483399
Total Pages : 507 pages
Book Rating : 4.1/5 (84 download)
Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Author : Bartram S. Brown
Publisher : Edward Elgar Publishing
ISBN 13 : 0857933221
Total Pages : 535 pages
Book Rating : 4.8/5 (579 download)
Download or read book Research Handbook on International Criminal Law written by Bartram S. Brown and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This timely, valuable and thought-provoking contribution to our understanding of the vibrant new subject that is international criminal law, is a great addition to the literature and to our understanding. Professor Bart Brown deserves real appreciation for bringing it together.' – Philippe Sands QC, University College London and Matrix Chambers, UK 'The Research Handbook is a comprehensive up-to-date guide to one of the youngest yet most dynamic areas of international law. It tackles the pertinent challenges and opportunities, starting with the classical issues like categories of international crimes and complementarity, going on to address the problems ahead including the Guantánamo regime, crimes against women and the status of private security contractors. The Handbook will be a valuable source for both general and advanced international criminal law research.' – James Crawford, Cambridge University, UK This carefully regarded and well-structured handbook covers the broad range of norms, practices, policies, processes and institutional mechanisms of international criminal law, exploring how they operate and continue to develop in a variety of contexts. Leading scholars in the field and experienced practitioners have brought together their expertise and perspectives in a clear and concise fashion to create an authoritative resource, which will be useful and accessible even to those without legal training. The Research Handbook on International Criminal Law will appeal to practitioners who may want to defend, or prosecute, international criminal law cases, and academics researching and writing on international criminal law. Graduate students studying international criminal law, international human rights or international humanitarian law as well as those studying international justice, international politics, international organization or public policy analysis, will also find this book invaluable.
Author : Florian Jeßberger
Publisher : Taylor & Francis
ISBN 13 : 1000886433
Total Pages : 285 pages
Book Rating : 4.0/5 (8 download)
Download or read book Domesticating International Criminal Law written by Florian Jeßberger and published by Taylor & Francis. This book was released on 2023-06-01 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an essential and critical overview of the most significant issues concerning the domestication of international criminal law, in particular with regard to the implementation of the ICC Statute. It discusses the most recent proposals for reform of the German Code of Crimes under International Law, the "Völkerstrafgesetzbuch", 20 years after its entering into force and introduces the project for an Italian code of international crimes drafted by the Committee of experts established in 2022 by the Ministry of Justice. Following the adoption of the ICC Statute, many States, including Germany with the "Völkerstrafgesetzbuch", introduced specific legislation to incorporate international criminal law into their domestic legal systems and a considerable number of them have been investigating and prosecuting war crimes, crimes against humanity, genocide, and even aggression ever since. Twenty-five years later, however, the process is not completed as other countries, like Italy, are still working on adopting provisions on international crimes. This book opens with a broad overview of the different approaches of the domestication of international criminal law, with a specific focus on the German and the Italian systems. After an assessment of the prerequisites for the domestic implementation of international criminal law, also from a constitutional law perspective, each chapter offers an in-depth analysis of a specific issue, such as: the definition of international crimes (genocide and crimes against humanity, war crimes and aggression); the applicability of and exceptions to the general principles of domestic criminal law; the regulation of individual criminal responsibility; sanctions and sentencing; as well as procedural aspects related to immunities, jurisdiction and prosecutorial discretion. The strong academic perspective of many authors is complemented by an equally strong practitioner perspective of the others, provided by legal scholars in the highest positions in international and national judicial institutions, resulting in a well-informed and critical appraisal of the most recent developments overall in the international criminal justice system. Domesticating International Criminal Law will be of great interest to legal scholars and students, as well as practitioners with an interest in comparative and international law, international criminal law and international relations.
Author : Elies van Sliedregt
Publisher : OUP Oxford
ISBN 13 : 0191008281
Total Pages : 410 pages
Book Rating : 4.1/5 (91 download)
Download or read book Pluralism in International Criminal Law written by Elies van Sliedregt and published by OUP Oxford. This book was released on 2014-10-02 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.
Author : Obi N. I. Ebbe
Publisher : CRC Press
ISBN 13 : 1466560339
Total Pages : 326 pages
Book Rating : 4.4/5 (665 download)
Download or read book Comparative and International Criminal Justice Systems written by Obi N. I. Ebbe and published by CRC Press. This book was released on 2013-05-13 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative and International Criminal Justice Systems: Policing, Judiciary, and Corrections, Third Edition examines the history, dynamics, structure, organization, and processes in the criminal justice systems in a number of selected countries. Designed for courses in comparative criminal justice systems, comparative criminology, and international criminal law, it explores systems in the United States, Ireland, Israel, Argentina, Sierra Leone, China, Russia, and Poland. A descriptive and quantitative analysis of criminal justice processes, this text goes beyond a mere analysis of individual systems. Instead, the book compares these criminal justice models with each other and contrasts them with: United Nations conventions World Courts of Justice International Court of Justice International Military Tribunal International Criminal Tribunal International Criminal Court Understanding these comparisons is crucial for a proper grasp of transnational crimes. The book shows how the national criminal justice systems and the United Nations judicial systems complement each other when adjudicating transnational crimes in the international community. It analyzes the nature of crime and criminal law, explores basic theories of crime, and discusses the various sources of international law. It also examines the inherent pitfalls in comparing international crime rates and discusses terrorism and its control. Unique to this edition is a thorough, unbiased study of the Islamic justice system. Each chapter focuses on a select region and includes crime data and arrest, prosecution, and conviction rates where appropriate. This allows readers looking for information on the criminal justice systems of any part of the world to easily find the relevant section. A sound approach to understanding the laws of various nations, and international, criminal, and humanitarian laws, this volume provides sage insight into the sociological explanations of criminal law and crime.
