Author: Kluwer
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041115393
Category : Law
Languages : en
Pages : 654
Book Description
The "Spanish Yearbook of International Law" brings together information concerning Spanish legal practice and a bibliography over the period of one year and makes it available to an international readership. It serves as a vehicle for furthering knowledge of Spanish practice in the field of international law among an audience with no knowledge of Spanish. It deals with both private and public international law, taken in a broad sense to include summary treatment of international organizations of which Spain is a member.
Memory and Punishment
Author: Emanuela Fronza
Publisher: Springer
ISBN: 9462652341
Category : Law
Languages : en
Pages : 246
Book Description
This book examines the criminalisation of denials of genocide and of other mass atrocities in Europe and discusses the implications of protecting institutional historical memory through criminal law. The analysis highlights the tensions with free speech, investigating the relationship between criminal law and historical memory. The book paves the way for a broader discussion about fake news, ‘post-truth’ scenarios, and free expression in a digital world. The author underscores the need to protect well-founded factual records from the dangers of misinformation. Historical denialism and the related jurisprudence represent a key step in exploring this complex field. The book combines an interdisciplinary approach with criminal law methodology. It is primarily aimed at academics, practitioners and others who wish to deepen their understanding of historical denialism, remembrance laws, ‘speech crimes’ and freedom of expression. Emanuela Fronza is Senior Research Fellow in Criminal Law and Lecturer in International and European Criminal Law at the School of Law, University of Bologna. She is a Principal Investigator within the EU research consortium Memory Laws in European and Comparative Perspectives funded by HERA (Humanities in the European Research Area).
Publisher: Springer
ISBN: 9462652341
Category : Law
Languages : en
Pages : 246
Book Description
This book examines the criminalisation of denials of genocide and of other mass atrocities in Europe and discusses the implications of protecting institutional historical memory through criminal law. The analysis highlights the tensions with free speech, investigating the relationship between criminal law and historical memory. The book paves the way for a broader discussion about fake news, ‘post-truth’ scenarios, and free expression in a digital world. The author underscores the need to protect well-founded factual records from the dangers of misinformation. Historical denialism and the related jurisprudence represent a key step in exploring this complex field. The book combines an interdisciplinary approach with criminal law methodology. It is primarily aimed at academics, practitioners and others who wish to deepen their understanding of historical denialism, remembrance laws, ‘speech crimes’ and freedom of expression. Emanuela Fronza is Senior Research Fellow in Criminal Law and Lecturer in International and European Criminal Law at the School of Law, University of Bologna. She is a Principal Investigator within the EU research consortium Memory Laws in European and Comparative Perspectives funded by HERA (Humanities in the European Research Area).
Spanish Yearbook of International Law
Author: Kluwer
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041115393
Category : Law
Languages : en
Pages : 654
Book Description
The "Spanish Yearbook of International Law" brings together information concerning Spanish legal practice and a bibliography over the period of one year and makes it available to an international readership. It serves as a vehicle for furthering knowledge of Spanish practice in the field of international law among an audience with no knowledge of Spanish. It deals with both private and public international law, taken in a broad sense to include summary treatment of international organizations of which Spain is a member.
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041115393
Category : Law
Languages : en
Pages : 654
Book Description
The "Spanish Yearbook of International Law" brings together information concerning Spanish legal practice and a bibliography over the period of one year and makes it available to an international readership. It serves as a vehicle for furthering knowledge of Spanish practice in the field of international law among an audience with no knowledge of Spanish. It deals with both private and public international law, taken in a broad sense to include summary treatment of international organizations of which Spain is a member.
Criminal Law and Morality in the Age of Consent
Author: Aniceto Masferrer
Publisher: Springer Nature
ISBN: 3030641635
Category : Law
Languages : en
Pages : 361
Book Description
This book discusses the relation between morality and politics, and morality and law, a field that has been studied for more than two thousand years The law is a part of human culture, and this touches upon a dynamic reality that is connected to the relation between nature and freedom, nature and culture. If such relations are not clearly understood, as is the case today, the relation between morality and law cannot be properly comprehended either. The relationship between morality and criminal law must constantly evolve to meet the needs of changing times and circumstances. Social changes and new situations require new answers. And since the relationship involves criminal law, legal philosophy and legal history, interdisciplinary approaches are always needed. Featuring fifteen original contributions by legal scholars from various European and American universities, the book does not pretend to solve the complexity of the relation between morality and criminal law, but instead expresses criticism, offers some proposals and stimulates further thought. The book tackles the topic from an interdisciplinary perspective (criminal law, constitutional law, legal philosophy and legal history, among others). As such, it appeals not only to scholars and students, but also to lawyers, policymakers, historians, theologians, philosophers and general readers who are interested in the legal, social, political and philosophical issues of our time.
Publisher: Springer Nature
ISBN: 3030641635
Category : Law
Languages : en
Pages : 361
Book Description
This book discusses the relation between morality and politics, and morality and law, a field that has been studied for more than two thousand years The law is a part of human culture, and this touches upon a dynamic reality that is connected to the relation between nature and freedom, nature and culture. If such relations are not clearly understood, as is the case today, the relation between morality and law cannot be properly comprehended either. The relationship between morality and criminal law must constantly evolve to meet the needs of changing times and circumstances. Social changes and new situations require new answers. And since the relationship involves criminal law, legal philosophy and legal history, interdisciplinary approaches are always needed. Featuring fifteen original contributions by legal scholars from various European and American universities, the book does not pretend to solve the complexity of the relation between morality and criminal law, but instead expresses criticism, offers some proposals and stimulates further thought. The book tackles the topic from an interdisciplinary perspective (criminal law, constitutional law, legal philosophy and legal history, among others). As such, it appeals not only to scholars and students, but also to lawyers, policymakers, historians, theologians, philosophers and general readers who are interested in the legal, social, political and philosophical issues of our time.
Patient Autonomy and Criminal Law
Author: Paweł Daniluk
Publisher: Taylor & Francis
ISBN: 1000774937
Category : Law
Languages : en
Pages : 403
Book Description
This book shows how the legal systems of individual European countries protect patient autonomy. In particular, it explains the role of criminal law, that is, what criminal law protection of patient autonomy looks like on a European scale in both legal and social dimensions. Despite EU integration processes, the work illustrates that the legal orders of individual European countries are far from uniform in this area. The concept of patient autonomy here is generally in the context of the patient's freedom from unwanted medical activities: the so-called negative freedom. At the same time, in countries where there are no regulations clearly criminalising the performance of a therapeutic activity without the patient's consent, the so-called positive freedom is also discussed. The book will be a valuable reference work for academics, researchers and policy-makers working in Health Law, Medical Ethics, Applied Ethics and Criminal Law.
Publisher: Taylor & Francis
ISBN: 1000774937
Category : Law
Languages : en
Pages : 403
Book Description
This book shows how the legal systems of individual European countries protect patient autonomy. In particular, it explains the role of criminal law, that is, what criminal law protection of patient autonomy looks like on a European scale in both legal and social dimensions. Despite EU integration processes, the work illustrates that the legal orders of individual European countries are far from uniform in this area. The concept of patient autonomy here is generally in the context of the patient's freedom from unwanted medical activities: the so-called negative freedom. At the same time, in countries where there are no regulations clearly criminalising the performance of a therapeutic activity without the patient's consent, the so-called positive freedom is also discussed. The book will be a valuable reference work for academics, researchers and policy-makers working in Health Law, Medical Ethics, Applied Ethics and Criminal Law.
Handbook of Latin American Studies
Author:
Publisher:
ISBN:
Category : Latin America
Languages : en
Pages : 490
Book Description
Contains scholarly evaluations of books and book chapters as well as conference papers and articles published worldwide in the field of Latin American studies. Covers social sciences and the humanities in alternate years.
Publisher:
ISBN:
Category : Latin America
Languages : en
Pages : 490
Book Description
Contains scholarly evaluations of books and book chapters as well as conference papers and articles published worldwide in the field of Latin American studies. Covers social sciences and the humanities in alternate years.
The Diversification and Fragmentation of International Criminal Law
Author: Larissa van den Herik
Publisher: Martinus Nijhoff Publishers
ISBN: 9004214593
Category : Law
Languages : en
Pages : 735
Book Description
This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004214593
Category : Law
Languages : en
Pages : 735
Book Description
This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.
Criminalizing Intimate Image Abuse
Author: Gian Marco Caletti
Publisher: Oxford University Press
ISBN: 0198877811
Category : Law
Languages : en
Pages : 449
Book Description
Criminalizing Intimate Image Abuse strives to generate new conceptual and theoretical frameworks to address the legal responses to intimate image abuse by bringing together a number of scholars involved in the study of image abuse over recent years.
Publisher: Oxford University Press
ISBN: 0198877811
Category : Law
Languages : en
Pages : 449
Book Description
Criminalizing Intimate Image Abuse strives to generate new conceptual and theoretical frameworks to address the legal responses to intimate image abuse by bringing together a number of scholars involved in the study of image abuse over recent years.
Forensic Justice
Author: Beulah Shekhar
Publisher: Taylor & Francis
ISBN: 1040017320
Category : Social Science
Languages : en
Pages : 519
Book Description
Forensic science is playing an increasingly important role in criminal investigations, as it provides scientific methods and techniques to gather and analyse evidence from crime scenes. Forensic evidence can be crucial in identifying suspects, linking them to the crime scene, and helping to secure convictions in court. In this sense, forensic science is seen as an aid to criminal investigation, providing reliable and objective evidence that can be used to uncover the truth behind criminal activities. The integration of forensic science with law and criminology is creating a new era of progressive thinking, where advanced techniques are being developed to better understand the nature of crime and the behaviour of criminals. With the help of forensic science, investigators can obtain speedy justice and bring criminals to book. However, this requires appropriate measures to be taken for the efficient execution of forensic investigations, including the use of modern technology and the training of professionals in the latest forensic techniques. Given the importance of forensic science in the criminal justice system, it is essential to have a comprehensive understanding of its different aspects. This includes the collection, preservation, and analysis of forensic evidence, as well as the interpretation of this evidence in the context of criminal investigations. This book covers these topics in detail, providing valuable insights for professionals, practitioners, academics, and students of the related fields.
Publisher: Taylor & Francis
ISBN: 1040017320
Category : Social Science
Languages : en
Pages : 519
Book Description
Forensic science is playing an increasingly important role in criminal investigations, as it provides scientific methods and techniques to gather and analyse evidence from crime scenes. Forensic evidence can be crucial in identifying suspects, linking them to the crime scene, and helping to secure convictions in court. In this sense, forensic science is seen as an aid to criminal investigation, providing reliable and objective evidence that can be used to uncover the truth behind criminal activities. The integration of forensic science with law and criminology is creating a new era of progressive thinking, where advanced techniques are being developed to better understand the nature of crime and the behaviour of criminals. With the help of forensic science, investigators can obtain speedy justice and bring criminals to book. However, this requires appropriate measures to be taken for the efficient execution of forensic investigations, including the use of modern technology and the training of professionals in the latest forensic techniques. Given the importance of forensic science in the criminal justice system, it is essential to have a comprehensive understanding of its different aspects. This includes the collection, preservation, and analysis of forensic evidence, as well as the interpretation of this evidence in the context of criminal investigations. This book covers these topics in detail, providing valuable insights for professionals, practitioners, academics, and students of the related fields.
International Arbitration and the Rule of Law
Author:
Publisher: Kluwer Law International B.V.
ISBN: 9041194460
Category : Law
Languages : en
Pages : 920
Book Description
Volume 19 of the Congress Series contains the proceedings of ICCA's 2016 Mauritius Congress, the first ICCA Congress held in Africa. In this volume, renowned practitioners, scholars and jurists from the region and around the world explore the contribution of arbitration to the rule of law and economic development; the conformity of arbitration with international standards of due process and the rule of law; and the benefits and challenges of arbitration in Africa. Topical issues of interest for practitioners, academics and students of arbitration - in the region and internationally - include: • Due process issues in constituting the arbitral tribunal and challenging its members • Interim measures issued by arbitral tribunals and domestic courts • Burden, standard and types of proof in the corruption defence • What to do (and what to avoid doing) to prepare a persuasive case • Do post-award remedies ensure conformity of the arbitral process with the rule of law? • Do rules and guidelines properly regulate the conduct of arbitration? • The interface between domestic courts and arbitral tribunals • What are appropriate remedies for findings of illegality in investment arbitration? • The effect of foreign national court judgments relating to the arbitral award • What does the future hold for investment arbitration in Africa and beyond?
Publisher: Kluwer Law International B.V.
ISBN: 9041194460
Category : Law
Languages : en
Pages : 920
Book Description
Volume 19 of the Congress Series contains the proceedings of ICCA's 2016 Mauritius Congress, the first ICCA Congress held in Africa. In this volume, renowned practitioners, scholars and jurists from the region and around the world explore the contribution of arbitration to the rule of law and economic development; the conformity of arbitration with international standards of due process and the rule of law; and the benefits and challenges of arbitration in Africa. Topical issues of interest for practitioners, academics and students of arbitration - in the region and internationally - include: • Due process issues in constituting the arbitral tribunal and challenging its members • Interim measures issued by arbitral tribunals and domestic courts • Burden, standard and types of proof in the corruption defence • What to do (and what to avoid doing) to prepare a persuasive case • Do post-award remedies ensure conformity of the arbitral process with the rule of law? • Do rules and guidelines properly regulate the conduct of arbitration? • The interface between domestic courts and arbitral tribunals • What are appropriate remedies for findings of illegality in investment arbitration? • The effect of foreign national court judgments relating to the arbitral award • What does the future hold for investment arbitration in Africa and beyond?
Sentencing in International Criminal Law
Author: Silvia D'Ascoli
Publisher: Bloomsbury Publishing
ISBN: 1847316441
Category : Law
Languages : en
Pages : 468
Book Description
This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.
Publisher: Bloomsbury Publishing
ISBN: 1847316441
Category : Law
Languages : en
Pages : 468
Book Description
This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.