Author: Héctor Olásolo
Publisher: BRILL
ISBN: 9004341005
Category : Law
Languages : en
Pages : 251
Book Description
Parties negotiating the end of authoritarian regimes or armed conflicts are almost inevitably left in a situation of legal uncertainty. Despite their overlapping scope of application, the differences between the approaches of International Criminal Law (ICL) and Transitional Justice (TJ) are so profound that, unless dogmatisms are left aside and a process of dialogue is entered into, it will not be possible to harmonize the current legal regime of international crimes with the need to articulate transitional processes that are capable of effectively overcoming authoritarian regimes and armed conflicts. The serious material limitations shown by national, international and hybrid ICL enforcement mechanisms should be acknowledged and the goals pursued by ICL should be redefined accordingly. A minimum level of consensus on the scope of application, goals and elements of TJ should also be reached. Situations of systematic or large scale violence against the civilian population by transnational criminal organizations increase the challenge.
International Criminal Law, Transnational Criminal Organizations and Transitional Justice
Author: Héctor Olásolo
Publisher: BRILL
ISBN: 9004341005
Category : Law
Languages : en
Pages : 251
Book Description
Parties negotiating the end of authoritarian regimes or armed conflicts are almost inevitably left in a situation of legal uncertainty. Despite their overlapping scope of application, the differences between the approaches of International Criminal Law (ICL) and Transitional Justice (TJ) are so profound that, unless dogmatisms are left aside and a process of dialogue is entered into, it will not be possible to harmonize the current legal regime of international crimes with the need to articulate transitional processes that are capable of effectively overcoming authoritarian regimes and armed conflicts. The serious material limitations shown by national, international and hybrid ICL enforcement mechanisms should be acknowledged and the goals pursued by ICL should be redefined accordingly. A minimum level of consensus on the scope of application, goals and elements of TJ should also be reached. Situations of systematic or large scale violence against the civilian population by transnational criminal organizations increase the challenge.
Publisher: BRILL
ISBN: 9004341005
Category : Law
Languages : en
Pages : 251
Book Description
Parties negotiating the end of authoritarian regimes or armed conflicts are almost inevitably left in a situation of legal uncertainty. Despite their overlapping scope of application, the differences between the approaches of International Criminal Law (ICL) and Transitional Justice (TJ) are so profound that, unless dogmatisms are left aside and a process of dialogue is entered into, it will not be possible to harmonize the current legal regime of international crimes with the need to articulate transitional processes that are capable of effectively overcoming authoritarian regimes and armed conflicts. The serious material limitations shown by national, international and hybrid ICL enforcement mechanisms should be acknowledged and the goals pursued by ICL should be redefined accordingly. A minimum level of consensus on the scope of application, goals and elements of TJ should also be reached. Situations of systematic or large scale violence against the civilian population by transnational criminal organizations increase the challenge.
Transnational Legal Ordering of Criminal Justice
Author: Gregory Shaffer
Publisher: Cambridge University Press
ISBN: 1108836585
Category : Law
Languages : en
Pages : 411
Book Description
A new approach for studying the interaction between international and domestic processes of criminal law-making in today's globalized world.
Publisher: Cambridge University Press
ISBN: 1108836585
Category : Law
Languages : en
Pages : 411
Book Description
A new approach for studying the interaction between international and domestic processes of criminal law-making in today's globalized world.
The Oxford Handbook of International Criminal Law
Author: Darryl Robinson
Publisher: Oxford University Press
ISBN: 0192558889
Category : Law
Languages : en
Pages : 911
Book Description
In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
Publisher: Oxford University Press
ISBN: 0192558889
Category : Law
Languages : en
Pages : 911
Book Description
In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
Transnational Criminal Organizations, Cybercrime, and Money Laundering
Author: James R. Richards
Publisher: CRC Press
ISBN: 9781420048728
Category : Law
Languages : en
Pages : 344
Book Description
WRITTEN BY A LAW ENFORCEMENT PROFESSIONAL FOR OTHER LAW ENFORCEMENT PERSONNEL IN THE TRENCHES This book examines the workings of organized criminals and criminal groups that transcend national boundaries. Discussions include methods used by criminal groups to internationally launder money; law enforcement efforts to counteract such schemes; and new methods and tactics to counteract transnational money laundering. A PRACTICAL GUIDE TO FACETS OF INTERNATIONAL CRIME AND MEASURES TO COMBAT THEM Intended for law enforcement personnel, bank compliance officers, financial investigators, criminal defense attorneys, and anyone interested in learning about the basic concepts of international crime and money laundering, this timely text explains: money laundering terms and phrases an overview of relevant federal agencies, transnational criminal organizations, and basic investigatory techniques the intricacies of wire transfers and cyberbanking the phenomenon of the "World Wide Web"
Publisher: CRC Press
ISBN: 9781420048728
Category : Law
Languages : en
Pages : 344
Book Description
WRITTEN BY A LAW ENFORCEMENT PROFESSIONAL FOR OTHER LAW ENFORCEMENT PERSONNEL IN THE TRENCHES This book examines the workings of organized criminals and criminal groups that transcend national boundaries. Discussions include methods used by criminal groups to internationally launder money; law enforcement efforts to counteract such schemes; and new methods and tactics to counteract transnational money laundering. A PRACTICAL GUIDE TO FACETS OF INTERNATIONAL CRIME AND MEASURES TO COMBAT THEM Intended for law enforcement personnel, bank compliance officers, financial investigators, criminal defense attorneys, and anyone interested in learning about the basic concepts of international crime and money laundering, this timely text explains: money laundering terms and phrases an overview of relevant federal agencies, transnational criminal organizations, and basic investigatory techniques the intricacies of wire transfers and cyberbanking the phenomenon of the "World Wide Web"
An Introduction to Transnational Criminal Law
Author: Neil Boister
Publisher: OUP Oxford
ISBN: 0191632023
Category : Law
Languages : en
Pages : 544
Book Description
The suppression of cross-border criminal activity has become a major global concern. An Introduction to Transnational Criminal Law examines how states, acting together, are responding to these forms of criminality through a combination of international treaty obligations and national criminal laws. Multilateral 'suppression conventions' oblige states parties to criminalise a broad range of activities including drug trafficking, terrorism, transnational organised crime, corruption, and money laundering, and to provide for different types of international procedural cooperation like extradition and mutual legal assistance in regard to these offences. Usually regarded as a sub-set of international criminal justice, this system of law is beginning to receive greater attention as a subject in its own right as the scale of the criminal threat and the complexity of synergyzing the criminal laws of different states is more fully understood. The book is divided into three parts. Part A asks and attempts to answer what is transnational crime and what is transnational criminal law? Part B explores a selection of substantive transnational crimes from piracy through to cybercrime. Part C examines the main procedural mechanisms involved in establishing jurisdiction and then the exercise of jurisdiction through the effective investigation and prosecution of transnational crimes. Finally, Part D looks at the implementation of transnational criminal law and the prospects for transnational criminal justice. Until recently this system of law has been largely the domain of professionals. An Introduction to Transnational Criminal Law provides a comprehensive introduction designed to fill that gap.
Publisher: OUP Oxford
ISBN: 0191632023
Category : Law
Languages : en
Pages : 544
Book Description
The suppression of cross-border criminal activity has become a major global concern. An Introduction to Transnational Criminal Law examines how states, acting together, are responding to these forms of criminality through a combination of international treaty obligations and national criminal laws. Multilateral 'suppression conventions' oblige states parties to criminalise a broad range of activities including drug trafficking, terrorism, transnational organised crime, corruption, and money laundering, and to provide for different types of international procedural cooperation like extradition and mutual legal assistance in regard to these offences. Usually regarded as a sub-set of international criminal justice, this system of law is beginning to receive greater attention as a subject in its own right as the scale of the criminal threat and the complexity of synergyzing the criminal laws of different states is more fully understood. The book is divided into three parts. Part A asks and attempts to answer what is transnational crime and what is transnational criminal law? Part B explores a selection of substantive transnational crimes from piracy through to cybercrime. Part C examines the main procedural mechanisms involved in establishing jurisdiction and then the exercise of jurisdiction through the effective investigation and prosecution of transnational crimes. Finally, Part D looks at the implementation of transnational criminal law and the prospects for transnational criminal justice. Until recently this system of law has been largely the domain of professionals. An Introduction to Transnational Criminal Law provides a comprehensive introduction designed to fill that gap.
Transnational Legal Orders
Author: Terence C. Halliday
Publisher: Cambridge University Press
ISBN: 1107069920
Category : Business & Economics
Languages : en
Pages : 559
Book Description
Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
Publisher: Cambridge University Press
ISBN: 1107069920
Category : Business & Economics
Languages : en
Pages : 559
Book Description
Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
Principles of International Criminal Law
Author: Gerhard Werle
Publisher: Oxford University Press
ISBN: 0198703597
Category : Law
Languages : en
Pages : 711
Book Description
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.
Publisher: Oxford University Press
ISBN: 0198703597
Category : Law
Languages : en
Pages : 711
Book Description
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.
Routledge Handbook of Transnational Criminal Law
Author: Neil Boister
Publisher: Routledge
ISBN: 1135043647
Category : Law
Languages : en
Pages : 552
Book Description
Certain types of crime are increasingly being perpetrated across national borders and require a unified regional or global response to combat them. Transnational criminal law covers both the international treaty obligations which require States to introduce specific substantive measures into their domestic criminal law schemes, and an allied procedural dimension concerned with the articulation of inter-state cooperation in pursuit of the alleged transnational criminal. The Routledge Handbook of Transnational Criminal Law provides a comprehensive overview of the system which is designed to regulate cross border crime. The book looks at the history and development of the system, asking questions as to the principal purpose and effectiveness of transnational criminal law as it currently stands. The book brings together experts in the field, both scholars and practitioners, in order to offer original and forward-looking analyses of the key elements of the transnational criminal law. The book is split into several parts for ease of reference: Fundamental concepts surrounding the international regulation of transnational crime. Procedures for international cooperation against alleged transnational criminals including jurisdiction, police cooperation, asset recovery and extradition. Substantive crimes covered by transnational criminal law analysing the current legal provisions for each crime. The implementation of transnational criminal law and the effectiveness of the system of transnational criminal law. With chapters from over 25 authorities in the field, this handbook will be an invaluable reference work for student and academics and for policy makers with an interest in transnational criminal law.
Publisher: Routledge
ISBN: 1135043647
Category : Law
Languages : en
Pages : 552
Book Description
Certain types of crime are increasingly being perpetrated across national borders and require a unified regional or global response to combat them. Transnational criminal law covers both the international treaty obligations which require States to introduce specific substantive measures into their domestic criminal law schemes, and an allied procedural dimension concerned with the articulation of inter-state cooperation in pursuit of the alleged transnational criminal. The Routledge Handbook of Transnational Criminal Law provides a comprehensive overview of the system which is designed to regulate cross border crime. The book looks at the history and development of the system, asking questions as to the principal purpose and effectiveness of transnational criminal law as it currently stands. The book brings together experts in the field, both scholars and practitioners, in order to offer original and forward-looking analyses of the key elements of the transnational criminal law. The book is split into several parts for ease of reference: Fundamental concepts surrounding the international regulation of transnational crime. Procedures for international cooperation against alleged transnational criminals including jurisdiction, police cooperation, asset recovery and extradition. Substantive crimes covered by transnational criminal law analysing the current legal provisions for each crime. The implementation of transnational criminal law and the effectiveness of the system of transnational criminal law. With chapters from over 25 authorities in the field, this handbook will be an invaluable reference work for student and academics and for policy makers with an interest in transnational criminal law.
Evidence in International Criminal Trials
Author: Mark Klamberg
Publisher: Martinus Nijhoff Publishers
ISBN: 900423652X
Category : Law
Languages : en
Pages : 600
Book Description
In Evidence in International Criminal Trials Mark Klamberg compares procedural activities relevant for international criminal tribunals and the International Criminal Court, including evaluation, collection, disclosure, admissibility and presentation of evidence. The author analyses what objectives are recognized in relation to the aforementioned procedural activities and whether it is possible to establish a priority between them. The concept of “robustness” is introduced to discuss the quantity of evidence in addition to concepts that deal with quality. Finally, the exclusion of every reasonable hypothesis of innocence method is examined as one of several analytical steps that may contribute to the systematic evaluation of evidence. The book seeks to provide guidance on how to confront legal as well as factual issues.
Publisher: Martinus Nijhoff Publishers
ISBN: 900423652X
Category : Law
Languages : en
Pages : 600
Book Description
In Evidence in International Criminal Trials Mark Klamberg compares procedural activities relevant for international criminal tribunals and the International Criminal Court, including evaluation, collection, disclosure, admissibility and presentation of evidence. The author analyses what objectives are recognized in relation to the aforementioned procedural activities and whether it is possible to establish a priority between them. The concept of “robustness” is introduced to discuss the quantity of evidence in addition to concepts that deal with quality. Finally, the exclusion of every reasonable hypothesis of innocence method is examined as one of several analytical steps that may contribute to the systematic evaluation of evidence. The book seeks to provide guidance on how to confront legal as well as factual issues.
Transitional Justice
Author: Alexander Laban Hinton
Publisher: Rutgers University Press
ISBN: 0813550688
Category : Law
Languages : en
Pages : 284
Book Description
"The origins of this project date back to a 2007 symposium, 'Local justice : global mechanisms and local meanings in the aftermath of mass atrocity, ' held at Rutgers University--Newark [N.J.] ... Several participants later presented papers in a session at the July 2007 meeting of the International Association of Genocide Scholars, which was held in Bosnia and Herzegovina."--Acknowledgments.
Publisher: Rutgers University Press
ISBN: 0813550688
Category : Law
Languages : en
Pages : 284
Book Description
"The origins of this project date back to a 2007 symposium, 'Local justice : global mechanisms and local meanings in the aftermath of mass atrocity, ' held at Rutgers University--Newark [N.J.] ... Several participants later presented papers in a session at the July 2007 meeting of the International Association of Genocide Scholars, which was held in Bosnia and Herzegovina."--Acknowledgments.