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Author: Julie Fraser
Publisher: Edward Elgar Publishing
ISBN: 1839107308
Category : Law
Languages : en
Pages : 455
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Book Description
This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.
Author: Julie Fraser
Publisher: Edward Elgar Publishing
ISBN: 1839107308
Category : Law
Languages : en
Pages : 455
Get Book Here
Book Description
This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.
Author: Julie Fraser
Publisher: Edward Elgar Publishing
ISBN: 9781839107290
Category :
Languages : en
Pages : 456
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Book Description
This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court's future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice.
Author: Julie Fraser
Publisher: Edward Elgar Publishing
ISBN: 9781802206470
Category :
Languages : en
Pages : 456
Get Book Here
Book Description
This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court s future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice.
Author: Livia Holden
Publisher: Taylor & Francis
ISBN: 1000884635
Category : Law
Languages : en
Pages : 379
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Book Description
Cultural Expertise, Law, and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications and ethical implications. This book engages an extensive and interdisciplinary variety of topics – ranging from race, language, sexuality, Indigenous rights and women’s rights to immigration and asylum laws, international commercial arbitration and criminal law. It also offers a truly global perspective covering cultural expertise in Africa, Asia, Australia, Europe, Latin America, the Middle East and North America. Finally, the book offers theoretical and practical guidance for the ethical use of cultural expert knowledge. This is an essential volume for teachers and students in the social sciences – especially law, anthropology, and sociology – and members of the legal professions who engage in cross-cultural dispute resolution, asylum and migration, private international law and other fields of law in which cultural arguments play a role. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Author: Carsten Stahn
Publisher: BRILL
ISBN: 9004529934
Category : Law
Languages : en
Pages : 621
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Book Description
This volume examines lessons learned in over two decades of ICC practice. It discusses macro issues, such as universality, selectivity, new technologies, complementarity, victims and challenges in the life cycle of cases, as well as ways to re-think the ICC regime in light of the Independent Expert Review, aggression against Ukraine, and novel global challenges.
Author: Brendan D. Kelly
Publisher: Taylor & Francis
ISBN: 1000984915
Category : Law
Languages : en
Pages : 756
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Book Description
Mental health law is a rapidly evolving area of practice and research, with growing global dimensions. This work reflects the increasing importance of this field, critically discussing key issues of controversy and debate, and providing up-to-date analysis of cutting-edge developments in Africa, Asia, Europe, the Americas, and Australia. This is a timely moment for this book to appear. The United Nations’ Convention on the Rights of Persons with Disabilities (2006) sought to transform the landscape in which mental health law is developed and implemented. This Convention, along with other developments, has, to varying degrees, informed sweeping legislative reforms in many countries around the world. These and other developments are discussed here. Contributors come from a wide range of countries and a variety of academic backgrounds including ethics, law, philosophy, psychiatry, and psychology. Some contributions are also informed by lived experience, whether in person or as family members. The result is a rich, polyphonic, and sometimes discordant account of what mental health law is and what it might be. The Handbook is aimed at mental health scholars and practitioners as well as students of law, human rights, disability studies, and psychiatry, and campaigners and law- and policy-makers.
Author: Mark Goodale
Publisher: Stanford University Press
ISBN: 150363101X
Category : Political Science
Languages : en
Pages : 313
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Book Description
A radical vision for the future of human rights as a fundamentally reconfigured framework for global justice. Reinventing Human Rights offers a bold argument: that only a radically reformulated approach to human rights will prove adequate to confront and overcome the most consequential global problems. Charting a new path—away from either common critiques of the various incapacities of the international human rights system or advocacy for the status quo—Mark Goodale offers a new vision for human rights as a basis for collective action and moral renewal. Goodale's proposition to reinvent human rights begins with a deep unpacking of human rights institutionalism and political theory in order to give priority to the "practice of human rights." Rather than a priori claims to universality, he calls for a working theory of human rights defined by "translocality," a conceptual and ethical grounding that invites people to form alliances beyond established boundaries of community, nation, race, or religious identity. This book will serve as both a concrete blueprint and source of inspiration for those who want to preserve human rights as a key framework for confronting our manifold contemporary challenges, yet who agree—for many different reasons—that to do so requires radical reappraisal, imaginative reconceptualization, and a willingness to reinvent human rights as a cross-cultural foundation for both empowerment and social action.
Author: Alessandra De Tommaso
Publisher: Taylor & Francis
ISBN: 1000989437
Category : Law
Languages : en
Pages : 263
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Book Description
This book investigates whether corporate criminal liability should be incorporated within the scope of international criminal law. The work provides unique insight into the evolution of the debate on the international criminal liability of corporations to facilitate future discussion on the possibility of including corporations within the scope of international criminal law. It combines a detailed examination of Nuremberg and Rome with the examination of previously overlooked initiatives such as the Draft Code of Offences against Peace and Security of Mankind and the 1951 and 1953 Committees on International Criminal Jurisdiction. This analysis is also complemented by a review of significant post-1998 international and domestic developments around corporate criminal liability. In addition, it offers suggestions for the development of an amendment to hold corporations accountable under the Statute of the International Criminal Court. This book contributes to the existing literature on the topic of corporate liability which attracts significant attention from scholars in the fields of Law, Business, and Political Science. It will be useful to professionals in the academic and diplomatic fields, researchers, legal advisors, and business leaders. It will also be of interest to anyone who wants to understand the debate on holding businesses accountable under international criminal law.
Author: Florian Jeßberger
Publisher: Springer Nature
ISBN: 9462655510
Category : Law
Languages : en
Pages : 283
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Book Description
This book enquires into the counter-hegemonic capacity of international criminal justice. It highlights perspectives and themes that have thus far often been neglected in the scholarship on (critical approaches to) international criminal justice. Can international criminal justice be viewed as a ‘counter-hegemonic’ project? And if so, under what conditions? In response to these questions, scholars and practitioners from the Global South and North reflect inter alia on the engagement with international criminal justice in the context of Ukraine, Palestine, and minorities in South-Asia while also highlighting the hegemonic tendencies built into the institutional structure of the International Criminal Court on the axes of gender and language. Florian Jeßberger is Professor of Criminal Law and Director of the Franz von Liszt Institute for International Criminal Justice, Humboldt-Universität zu Berlin, Germany. Leonie Steinl is a Senior Lecturer in Criminal Law at Humboldt-Universität zu Berlin, Germany. Kalika Mehta is an Associate Researcher at the Franz von Liszt Institute for International Criminal Justice, Humboldt-Universität zu Berlin, Germany.
Author: Darryl Robinson
Publisher: Oxford University Press
ISBN: 0192558889
Category : Law
Languages : en
Pages : 911
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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.
