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Author: Héctor Olásolo
Publisher: BRILL
ISBN: 9047415744
Category : Business & Economics
Languages : en
Pages : 422
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Book Description
The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.
Author: Héctor Olásolo
Publisher: BRILL
ISBN: 9047415744
Category : Business & Economics
Languages : en
Pages : 422
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Book Description
The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.
Author: María López Belloso
Publisher: Universidad Pública de Navarra/Nafarroako Unibertsitate Publikoa
ISBN: 8497693442
Category : Law
Languages : en
Pages : 379
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Book Description
La tesis de la investigadora, defendida en 2017 en la Universidad de Deusto y dirigida por los profesores Felipe Gómez Isa y Carlos Martín Beristain, analiza el que califica de “conflicto olvidado” del Sahara Occidental desde la perspectiva de los derechos humanos abordando, en particular, el delito de desaparición forzada. Para ello, la autora, que formó parte del equipo de trabajo de la investigación que desembocó en “El Oasis de la Memoria”, analiza en detalle 95 casos de desaparición forzada, 86 de ellos recogidos en dicha publicación y los nueve restantes, en “Meheris: la esperanza posible”. La investigadora indica que es necesaria “una voluntad política real por transformar la realidad y romper con el pasado de violaciones de derechos humanos” y denuncia que “no se haya respetado el derecho de las víctimas a la verdad”. Los resultados del trabajo, según apunta López, se espera que sirvan para que las personas afectadas puedan defender sus derechos ante las instancias internacionales y la Audiencia Nacional española.
Author: E. Restrepo
Publisher: Springer
ISBN: 1403920141
Category : Political Science
Languages : en
Pages : 258
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Book Description
Most people believe that criminal justice in Colombia is rife with impunity and corruption. Elvira María Restrepo delves beneath such beliefs to reveal a system driven at a fundamental level by fear and distrust from outside the system itself. With the present difficulties in the country tantamount to a state of irregular war, the judiciary is in crisis. It has to contribute to the construction of peace and the reconstruction of trust, or perish.
Author: Rainer Arnold
Publisher: Springer
ISBN: 3319551868
Category : Law
Languages : en
Pages : 444
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Book Description
Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.
Author: Francisco J. Bellido
Publisher: Springer Nature
ISBN: 303156894X
Category :
Languages : en
Pages : 223
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Book Description
Author: Florentin Smarandache
Publisher: Infinite Study
ISBN:
Category : Mathematics
Languages : en
Pages : 475
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Book Description
This special issue reflects the impact of neutrosophic theory in Latin America, especially after creating the Latin American Association of Neutrosophic Sciences. Among the areas of publication most addressed in the region are found in the interrelation of social sciences and neutrosophy, presenting outstanding results in these research areas. The main objective of this special issue is to divulge the impact publication related to the Neutrosophic theory and explore new areas of research and application in the region. The SI reflects the influence of the neutrosophic publications in Latin America by opening new research areas mainly related to Neutrosophic Statistics, Plithogeny, and NeutroAlgebra. Furthermore, it is worth mentioning the incorporation of authors from new countries in the region, such as Paraguay, Uruguay, and Panama, to have authors in total from 15 countries, 12 of them from the Latin American region.
Author: Mortimer Sellers (org.)
Publisher: Initia Via Editora
ISBN: 8595470316
Category : Law
Languages : en
Pages : 1217
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Book Description
Volume II: Special Workshops Initia Via Editora
Author: James Cockayne
Publisher: Routledge
ISBN: 1136643125
Category : History
Languages : en
Pages : 241
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Book Description
Peace operations are increasingly on the front line in the international community’s fight against organized crime; this book explores how, in some cases, peace operations and organized crime are clear enemies, while in others, they may become tacit allies. The threat posed by organized crime to international and human security has become a matter of considerable strategic concern for national and international decision-makers, so it is somewhat surprising how little thought has been devoted to addressing the complex relationship between organized crime and peace operations. This volume addresses this gap, questioning the emerging orthodoxy that portrays organized crime as an external threat to the liberal peace championed by western and allied states and delivered through peace operations. Based upon a series of case studies it concludes that organized crime is both a potential enemy and a potential ally of peace operations, and it argues for the need to distinguish between strategies to contain organized crime and strategies to transform the political economies in which it flourishes. The editors argue for the development of intelligent, transnational, and transitional law enforcement that can make the most of organized crime as a potential ally for transforming political economies, while at the same time containing the threat it presents as an enemy to building effective and responsible states. The book will be of great interest to students of peacebuilding, peace and conflict studies, organised crime, Security Studies and IR in general.
Author: Carlos Gardeazábal Bravo
Publisher: Routledge
ISBN: 100056407X
Category : Literary Criticism
Languages : en
Pages : 284
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Book Description
This volume explores how Colombian novelists, artists, performers, activists, musicians, and others seek to enact—to perform, to stage, to represent—human rights situations that are otherwise enacted discursively, that is, made public or official, in juridical and political realms in which justice often remains an illusory or promised future. In order to probe how cultural production embodies the tensions between the abstract universality of human rights and the materiality of violations on individual human bodies and on determined groups, the volume asks the following questions: How does the transmission of historical traumas of Colombia’s past, through human rights narratives in various forms, inform the debates around the subjects of rights, truth and memory, remembrance and forgetting, and the construction of citizenship through solidarity and collective struggles for justice? What are the different roles taken by cultural products in the interstices among rights, laws, and social justice within different contexts of state violence and states of exception? What are alternative perspectives, sources, and (micro)histories from Colombia of the creation, evolution, and practice of human rights? How does the human rights discourse interface with notions of environmental justice, especially in the face of global climate change, regional (neo)extractivism, the implementation of megaprojects, and ongoing post-accord thefts and (re)appropriations of land? Through a wide range of disciplinary lenses, the different chapters explore counter-hegemonic concepts of human rights, decolonial options struggling against oppression and market logic, and alternative discourses of human dignity and emancipation within the pluriverse.
Author: Laurence BURGORGUE-LARSEN
Publisher: Oxford University Press
ISBN: 0192699253
Category : Law
Languages : en
Pages : 577
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Book Description
At specific moments in the history of Africa, Europe, and Latin America, each region decided to create supranational jurisdictions to protect human rights. These are, in chronological order, the European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court on Human and Peoples' Rights. While each has been the subject of important, dedicated monographs, no major study has analysed both the institutional and jurisprudential issues of all three regional systems. The 3 Regional Human Rights Courts in Context: Justice That Cannot Be Taken for Granted is the first book to offer a comprehensive comparison of the three systems. Rather than merely juxtaposing analogous features, the book considers how the three courts operate as parts of a greater, integrated whole. Similarities and differences between the courts are illuminated alongside historical, political, and sociological insights, in addition to the book's primary legal focus. Close analysis of the processes by which the courts came into being makes it clear that, regardless of distinct political, cultural, or other variances, states on each of the three continents have chafed against international supervision. The book also debunks the common belief that, after the Second World War, the thrust of human rights initiatives was so powerful that states no longer need to discuss them. Justice cannot be taken for granted—a position further supported by the book's analysis of how each court has evolved and how their rulings have been implemented. Laurence Burgorgue-Larsen's dynamism and multidisciplinary approach makes it possible to truly understand the stakes behind the institutional and jurisprudential developments of the three regional human rights courts. This is a book that will interest not only legal practitioners but also specialists in international relations, human rights, and countless other fields.
