The Individual As Subject Of International Cooperation In Criminal Matters

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The Individual as Subject of International Cooperation in Criminal Matters

Author : Albin Eser
Publisher : Nomos Verlagsgesellschaft
ISBN 13 :
Total Pages : 844 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Individual as Subject of International Cooperation in Criminal Matters by : Albin Eser

Download or read book The Individual as Subject of International Cooperation in Criminal Matters written by Albin Eser and published by Nomos Verlagsgesellschaft. This book was released on 2002 with total page 844 pages. Available in PDF, EPUB and Kindle. Book excerpt: The individual's position as a "subject," commonplace in national proceedings, is not at all clear when the need for extradition, mutual assistance or some other form of international cooperation arises in the context of domestic criminal proceedings. This book analyzes traditional concepts in which only two dimensions are represented, namely, that of the requesting and that of the requested state. Beyond this, the authors searched for a full three-dimensionality as well. The general approach was: If the individual is recognized as having his or her own subjective, substantive and procedural rights, be they conferred by international treaties or conventions or simply by municipal law (here, especially, constitutional guarantees), the legal relationships under study can no longer be seen as two-dimensional. The project focussed not only on extradition but also on other forms of international cooperation in criminal matters, including the enforcement of sanctions. The "choice of forum" came to be seen as a special topic and turned out to be an issue of paramount importance. In addition, our study of international administrative cooperation allowed us to cover some crucial gray areas that would not otherwise have been identified, e.g., police cooperation and international cooperation in tax matters. The book contains national reports on Finland, Germany, Italy, the Netherlands and the United States as well as a report on the European Union.

International cooperation in criminal matters

Author : Wolfgang Schomburg
Publisher :
ISBN 13 : 9783406525728
Total Pages : 2449 pages
Book Rating : 4.5/5 (257 download)

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Book Synopsis International cooperation in criminal matters by : Wolfgang Schomburg

Download or read book International cooperation in criminal matters written by Wolfgang Schomburg and published by . This book was released on 2006 with total page 2449 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Rethinking International Cooperation in Criminal Matters in the EU

Author : Gert Vermeulen
Publisher : Maklu
ISBN 13 : 904660487X
Total Pages : 769 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Rethinking International Cooperation in Criminal Matters in the EU by : Gert Vermeulen

Download or read book Rethinking International Cooperation in Criminal Matters in the EU written by Gert Vermeulen and published by Maklu. This book was released on 2012 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the European Union, international cooperation in criminal matters has grown exponentially over the past few decades. Importantly, there are a wide variety of authorities involved therein, rendering the traditional distinction between police and judicial cooperation as outdated. Furthermore, its rapid growth exposed this policy field to inconsistencies and incoherence. Additionally, despite the wave of new legislation, important lacunae can be identified, setting important challenges for the future. The combination of these issues clarifies the title of this book: there is a pressing need to rethink international cooperation in criminal matters. In answer to a call from the European Commission, the contributors of this book have designed a comprehensive methodological framework to review the entirety of international cooperation in criminal matters, combining desktop reviews, expert consultations, Member State questionnaires, and focus group meetings in each of the Member States to obtain a comprehensive overview of the currently experienced obstacles and future policy options that are both needed and feasible. Over 150 individuals from different backgrounds contributed to the study, including academics, lawyers, policy makers, police, customs, intelligence services, prosecution, judiciary, correctional authorities, Ministries of Justice, and Home Affairs. The book provides an overview of the research findings and the recommendations formulated. These findings include, but are not limited to: (1) a helicopter view on cooperation with criminal justice finality, (2) a clear demarcation of the role of the judicial authorities, (3) a comprehensive review of refusal grounds, including proportionality and capacity concerns, (4) an assessment of gaps in the current body of instruments regulating international cooperation in criminal matters and possible remedies thereto, (5) a well-considered further development of Eurojust, and (6) ensuring EU wide effect of mere domestic actions. This book represents the first overall analysis of the entirety of international cooperation in criminal matters in the EU. As essential reading, it is an analysis that moves beyond the actors, bringing logic back, footed in reality. (Series: Institute for International Research on Criminal Policy [IRCP] - No. 42)

International Criminal Law, Volume 2: Multilateral and Bilateral Enforcement Mechanisms

Author : M. Cherif Bassiouni
Publisher : BRILL
ISBN 13 : 9047431448
Total Pages : 642 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis International Criminal Law, Volume 2: Multilateral and Bilateral Enforcement Mechanisms by : M. Cherif Bassiouni

Download or read book International Criminal Law, Volume 2: Multilateral and Bilateral Enforcement Mechanisms written by M. Cherif Bassiouni and published by BRILL. This book was released on 2008-11-21 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 2 addresses jurisdiction and the various mechanisms and modalities of international cooperation in penal matters, which for all practical purposes, apply to both the direct and indirect enforcement methods of ICL. These mechanisms and modalities of international cooperation are used not only in bilateral interstate cooperation in penal matters but they are also employed by international tribunals, including the ICC, in their relations with states. This volume is divided into 5 chapters which are titled as: Chapter 1: Policies and Modalities (Modalities of International Cooperation in Penal Matters; The Duty to Prosecute and/or Extradite: Aut Dedere Aut Judicare; Globalization of International Enforcement Mechanisms: The Problem of Legitimacy; Globalization of Law Enforcement and Intelligence Gathering and Sharing); Chapter 2: Jurisdiction (Extraterritorial Jurisdiction; Universal Jurisdiction; Competing and Overlapping Jurisdictions; Immunities and Exceptions; The European Union and the Schengen Agreement); Chapter 3: Extradition (Law and Practice in the United States; The European Approach; Commentary on the United Nations Draft Model Law on Extradition); Chapter 4:Judicial Assistance and Mutual Cooperation in Penal Matters (United States Treaties on Mutual Assistance in Criminal Matters; Commentary on the United Nations Draft Model Law on Mutual Legal Assistance; Inter-State Cooperation in Penal Matters in the Commonwealth; The Council of Europe and the European Union; European Perspective on International Cooperation in Matters of Terrorism; Freezing and Seizing of Assets: Controlling Money Laundering); Chapter 5: Recognition of Foreign Penal Judgments, Transfer of Criminal Proceedings, and Execution of Foreign Penal Sentences (Introduction to Recognition of Foreign Penal Judgments; Introduction to Transfer of Criminal Proceedings; Transfer of Criminal Proceedings: The European System; The Lockerbie Model of Transfer of Proceedings; International Perspective on Transfer of Prisoners and Execution of Foreign Penal Judgments; United States Policies and Practices on the Execution of Foreign Penal Sentences).

Principles of International Criminal Law

Author : Gerhard Werle
Publisher : Oxford University Press
ISBN 13 : 0198703597
Total Pages : 711 pages
Book Rating : 4.1/5 (987 download)

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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 2014 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of International Criminal Law is one of the leading textbooks in the field. This third 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.

International cooperation in criminal matters

Author : Wolfgang Schomburg
Publisher :
ISBN 13 :
Total Pages : 1624 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International cooperation in criminal matters by : Wolfgang Schomburg

Download or read book International cooperation in criminal matters written by Wolfgang Schomburg and published by . This book was released on 1998 with total page 1624 pages. Available in PDF, EPUB and Kindle. Book excerpt:

UN Security Council Referrals to the International Criminal Court

Author : Alexandre Skander Galand
Publisher : BRILL
ISBN 13 : 9004342214
Total Pages : 278 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis UN Security Council Referrals to the International Criminal Court by : Alexandre Skander Galand

Download or read book UN Security Council Referrals to the International Criminal Court written by Alexandre Skander Galand and published by BRILL. This book was released on 2018-11-22 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.

International Criminal Law

Author : M. Cherif Bassiouni
Publisher : BRILL
ISBN 13 : 9004165312
Total Pages : 643 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis International Criminal Law by : M. Cherif Bassiouni

Download or read book International Criminal Law written by M. Cherif Bassiouni and published by BRILL. This book was released on 2008 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 2 addresses jurisdiction and the various mechanisms and modalities of international cooperation in penal matters, which for all practical purposes, apply to both the direct and indirect enforcement methods of ICL. These mechanisms and modalities of international cooperation are used not only in bilateral interstate cooperation in penal matters but they are also employed by international tribunals, including the ICC, in their relations with states. This volume is divided into 5 chapters which are titled as: Chapter 1: Policies and Modalities (Modalities of International Cooperation in Penal Matters; The Duty to Prosecute and/or Extradite: Aut Dedere Aut Judicare; Globalization of International Enforcement Mechanisms: The Problem of Legitimacy; Globalization of Law Enforcement and Intelligence Gathering and Sharing); Chapter 2: Jurisdiction (Extraterritorial Jurisdiction; Universal Jurisdiction; Competing and Overlapping Jurisdictions; Immunities and Exceptions; The European Union and the Schengen Agreement); Chapter 3: Extradition (Law and Practice in the United States; The European Approach; Commentary on the United Nations Draft Model Law on Extradition); Chapter 4: Judicial Assistance and Mutual Cooperation in Penal Matters (United States Treaties on Mutual Assistance in Criminal Matters; Commentary on the United Nations Draft Model Law on Mutual Legal Assistance; Inter-State Cooperation in Penal Matters in the Commonwealth; The Council of Europe and the European Union; European Perspective on International Cooperation in Matters of Terrorism; Freezing and Seizing of Assets: Controlling Money Laundering); Chapter 5: Recognition of Foreign Penal Judgments, Transfer of CriminalProceedings, and Execution of Foreign Penal Sentences (Introduction to Recognition of Foreign Penal Judgments; Introduction to Transfer of Criminal Proceedings; Transfer of Criminal Proceedings: The European System; The Lockerbie Model of Transfer of Proceedings; International Perspective on Transfer of Prisoners and Execution of Foreign Penal Judgments; United States Policies and Practices on the Execution of Foreign Penal Sentences).

The Protection of the environment through criminal Law

Author : J.L. De La Cuesta
Publisher : Maklu
ISBN 13 : 9046608093
Total Pages : 351 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis The Protection of the environment through criminal Law by : J.L. De La Cuesta

Download or read book The Protection of the environment through criminal Law written by J.L. De La Cuesta and published by Maklu. This book was released on 2017-02-02 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Continuing the AIDP’s tradition in examining how to improve the protection of the environment through criminal law, this volume addresses various challenges and scientific concerns in relation to environmental crime. It touches upon a range of topics, from biodiversity to corporate criminal liability to jurisdictional or prosecutorial problems, and explores multiple national and regional enforcement systems, drawing from best practices. It brings together key proceedings of the Second AIDP World Conference on the Protection of the Environment through Criminal Law (Bucharest, May 18-20, 2016) organised by the International Association of Penal Law (AIDP) in collaboration with the Romanian Association of Penal Sciences, the Legal Research Institute of the Romanian Academy of Sciences and the Ecological University of Bucharest.

International Criminal Law, Volume 1: Sources, Subjects and Contents

Author : M. Cherif Bassiouni
Publisher : BRILL
ISBN 13 : 904743143X
Total Pages : 1126 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis International Criminal Law, Volume 1: Sources, Subjects and Contents by : M. Cherif Bassiouni

Download or read book International Criminal Law, Volume 1: Sources, Subjects and Contents written by M. Cherif Bassiouni and published by BRILL. This book was released on 2008-12-31 with total page 1126 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 1 deals with international crimes. It contains several significant contributions on the theoretical and doctrinal aspects of ICL which precede the five chapters addressing some of the major categories of international crimes. The first two chapters address: the sources and subjects of ICL and its substantive contents. The other five chapters address: Chapter 3: The Crime Against Peace and Aggression (The Crime Against Peace and Aggression: From its Origins to the ICC; The Crime of Aggression and the International Criminal Court); Chapter 4: War Crimes, Crimes Against Humanity & Genocide (Introduction to International Humanitarian Law; Penal Aspects of International Humanitarian Law; Non-International Armed Conflict and Guerilla Warfare; Mercenarism and Contracted Military Services; Customary International Law and Weapons Control; Genocide; Crimes Against Humanity; Overlaps, Gaps, and Ambiguities in Contemporary International Humanitarian Law, Genocide, and Crimes Against Humanity); Chapter 5: Crimes Against Fundamental Human Rights (Slavery, Slave-Related Practices, and Trafficking in Persons; Apartheid; International Prohibition of Torture; The Practice of Torture in the United States: September 11, 2001 to Present); Chapter 6: Crimes of Terror-Violence (International Terrorism; Kidnapping and Hostage Taking; Terrorism Financing; Piracy; International Maritime Navigation and Installations on the High Seas; International Civil Aviation); Chapter 7: Crimes Against Social Interest (International Control of Drugs; Challenges in the Development of International Criminal Law: The Negotiations of the United Nations Convention Against Transnational Organized Crime and the United Nations Convention Against Corruption; Transnational Organized Crime; Corruption of Foreign Public Officials; International Criminal Protection of Cultural Property; Criminalization of Environmental Protection).

Histories of Transnational Criminal Law

Author : Neil Boister
Publisher : Oxford University Press
ISBN 13 : 0192660616
Total Pages : 369 pages
Book Rating : 4.1/5 (926 download)

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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.

International Criminal Jurisdiction

Author : Kenneth S. Gallant
Publisher : Oxford University Press
ISBN 13 : 0199941475
Total Pages : 809 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis International Criminal Jurisdiction by : Kenneth S. Gallant

Download or read book International Criminal Jurisdiction written by Kenneth S. Gallant and published by Oxford University Press. This book was released on 2022 with total page 809 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Whose law must I obey? This question is so basic to our legal obligations that it ought to be easy. Specifically, a person considering an action ought to be able to answer this question by the use of law-like rules. This ought to be particularly true of criminal law, which will be the principal focus of this book. Actually, this question is partially unanswerable in the world as it exists today. Whether by accident or design, the current structure and content of law-national and international-sometimes prevents persons (natural or juridical) from being able to answer the question fully at the time of action"--

An Introduction to International Criminal Law and Procedure

Author : Robert Cryer
Publisher : Cambridge University Press
ISBN 13 : 1107065909
Total Pages : 705 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis An Introduction to International Criminal Law and Procedure by : Robert Cryer

Download or read book An Introduction to International Criminal Law and Procedure written by Robert Cryer and published by Cambridge University Press. This book was released on 2014-06-12 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of market-leading textbook contains both updated and new material to give the most current coverage of the subject.

Universal Jurisdiction in Modern International Law

Author : Mitsue Inazumi
Publisher : Intersentia nv
ISBN 13 : 9050953662
Total Pages : 286 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis Universal Jurisdiction in Modern International Law by : Mitsue Inazumi

Download or read book Universal Jurisdiction in Modern International Law written by Mitsue Inazumi and published by Intersentia nv. This book was released on 2005 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study is based on the following questions: Which jurisdiction can and should be exercised for the prosecution of individuals responsible for gross and serious violations of human rights? And especially, in this regard, what is the role of universal jurisdiction? In explaining the modern jurisdictional regime, this study illuminates the historical phenomenon of the expansion of jurisdiction in Chapter II, and conducts in-depth research particularly into universal jurisdiction in Chapter III and IV. This study explicates the notion of universal jurisdiction in history and in theory, categorizing its nature by two aspects (permissive or obligatory, and supplemental or primary), and underscores the differences between ordinary universal jurisdiction and universal jurisdiction in absentia. Having made an analysis on the legality of jurisdiction, this study has proceeded to examine the appropriateness of exercising jurisdiction. Noting the danger of conflicts of jurisdiction, Chapter V attempts to compile some guiding rules that can be utilised in determining the appropriateness of jurisdiction, thus answering the question of Which jurisdiction should be exercised'. Chapter VI then applies these guiding rules to non-territorial jurisdiction, namely universal jurisdiction. The observations deduced from the application of the guiding rules demonstrates, together with the analysis of the legality of universal jurisdiction in Chapter IV, the role of universal jurisdiction within the modern jurisdictional regime.

Introduction to International Criminal Law

Author : M. Cherif Bassiouni
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004186441
Total Pages : 1259 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Introduction to International Criminal Law by : M. Cherif Bassiouni

Download or read book Introduction to International Criminal Law written by M. Cherif Bassiouni and published by Martinus Nijhoff Publishers. This book was released on 2013 with total page 1259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title covers the history, nature, and sources of international criminal law; the ratione personae; ratione materiae - sources of substantive international criminal law; the indirect enforcement system; the direct enforcement system; and much more.

Legal Responses to Transnational and International Crimes

Author : Harmen van der Wilt
Publisher : Edward Elgar Publishing
ISBN 13 : 1786433990
Total Pages : 336 pages
Book Rating : 4.7/5 (864 download)

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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?

Transnational Crime

Author : Jessica Roher
Publisher : Routledge
ISBN 13 : 131545663X
Total Pages : 260 pages
Book Rating : 4.3/5 (154 download)

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Book Synopsis Transnational Crime by : Jessica Roher

Download or read book Transnational Crime written by Jessica Roher and published by Routledge. This book was released on 2018-09-03 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philip Jessup coined the term "transnational law" in his Storrs Lecture on Jurisprudence delivered in 1956 to describe law that regulates activities or actions that transcend national borders. The term redefined the development and practice of the law, and became a distinct field of study. In 2001, Neil Boister applied Jessup’s concept to the field of criminal law and identified the emergence of transnational criminal law in a formative article published in the European Journal of International Law. Inspired by Boister’s work, the editors of the journal Transnational Legal Theory sought contributions from leading academics and practitioners for a symposium issue on transnational criminal law. In their papers, the authors built upon and developed novel approaches to legal issues arising in an increasingly globalized world, where both crimes and the regulation of crimes transcend borders. The publication of this book marks the sixtieth anniversary of Jessup’s seminal lecture and exemplifies the significant impact that Jessup, and later Boister, have had on legal scholarship and practice in the area of criminal law. We are honoured to publish the symposium as a monograph and to contribute to this rapidly evolving field. This book was previously published as a special issue of Transnational Legal Theory.