Author: Marcelo Gustavo Kohen
Publisher: Martinus Nijhoff Publishers
ISBN: 9004153837
Category : Law
Languages : en
Pages : 1275
Book Description
This "Liber Amicorum" is published at the occasion of Judge Lucius Caflisch's retirement from a distinguished teaching career at the Graduate Institute of International Studies of Geneva, where he served as Professor of International Law for more than three decades, and where he has also held the position of Director. It was written by his colleagues and friends, from the European Court of Human Rights, from universities all around the world, from the Swiss Foreign Affairs Ministry and many other national and international institutions. The "Liber Amicorum Lucius Caflisch" covers different fields in which Judge Caflisch has excelled in his various capacities, as scholar, representative of Switzerland in international conferences, legal adviser of the Swiss Foreign Affairs Ministry, counsel, registrar, arbitrator and judge. This collective work is divided into three main sections. The first section examines questions concerning human rights and international humanitarian law. The second section is devoted to the international law of spaces, including matters regarding the law of the sea, international waterways, Antarctica, and boundary and territorial issues. The third section addresses issues related to the peaceful settlement of disputes, both generally and with regard to any particular means of settlement. The contributions are in both English and French.
La Promotion de la Justice, Des Droits de L'homme Et Du Règlement Des Conflits Par Le Droit International
Author: Marcelo Gustavo Kohen
Publisher: Martinus Nijhoff Publishers
ISBN: 9004153837
Category : Law
Languages : en
Pages : 1275
Book Description
This "Liber Amicorum" is published at the occasion of Judge Lucius Caflisch's retirement from a distinguished teaching career at the Graduate Institute of International Studies of Geneva, where he served as Professor of International Law for more than three decades, and where he has also held the position of Director. It was written by his colleagues and friends, from the European Court of Human Rights, from universities all around the world, from the Swiss Foreign Affairs Ministry and many other national and international institutions. The "Liber Amicorum Lucius Caflisch" covers different fields in which Judge Caflisch has excelled in his various capacities, as scholar, representative of Switzerland in international conferences, legal adviser of the Swiss Foreign Affairs Ministry, counsel, registrar, arbitrator and judge. This collective work is divided into three main sections. The first section examines questions concerning human rights and international humanitarian law. The second section is devoted to the international law of spaces, including matters regarding the law of the sea, international waterways, Antarctica, and boundary and territorial issues. The third section addresses issues related to the peaceful settlement of disputes, both generally and with regard to any particular means of settlement. The contributions are in both English and French.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004153837
Category : Law
Languages : en
Pages : 1275
Book Description
This "Liber Amicorum" is published at the occasion of Judge Lucius Caflisch's retirement from a distinguished teaching career at the Graduate Institute of International Studies of Geneva, where he served as Professor of International Law for more than three decades, and where he has also held the position of Director. It was written by his colleagues and friends, from the European Court of Human Rights, from universities all around the world, from the Swiss Foreign Affairs Ministry and many other national and international institutions. The "Liber Amicorum Lucius Caflisch" covers different fields in which Judge Caflisch has excelled in his various capacities, as scholar, representative of Switzerland in international conferences, legal adviser of the Swiss Foreign Affairs Ministry, counsel, registrar, arbitrator and judge. This collective work is divided into three main sections. The first section examines questions concerning human rights and international humanitarian law. The second section is devoted to the international law of spaces, including matters regarding the law of the sea, international waterways, Antarctica, and boundary and territorial issues. The third section addresses issues related to the peaceful settlement of disputes, both generally and with regard to any particular means of settlement. The contributions are in both English and French.
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.
Victors' Justice
Author: Danilo Zolo
Publisher: Verso Books
ISBN: 1788736656
Category : Political Science
Languages : en
Pages : 251
Book Description
Victors’ Justice is a potent and articulate polemic against the manipulation of international penal law by the West, combining historical detail, juridical precision and philosophical analysis. Zolo’s key thesis is that contemporary international law functions as a two-track system: a made-to-measure law for the hegemons and their allies, on the one hand, and a punitive regime for the losers and the disadvantaged, on the other. Though it constantly advertised its impartiality and universalism, international law served to bolster and legitimize, ever since the Tokyo and Nuremberg trials, a fundamentally unilateral and unequal international order.
Publisher: Verso Books
ISBN: 1788736656
Category : Political Science
Languages : en
Pages : 251
Book Description
Victors’ Justice is a potent and articulate polemic against the manipulation of international penal law by the West, combining historical detail, juridical precision and philosophical analysis. Zolo’s key thesis is that contemporary international law functions as a two-track system: a made-to-measure law for the hegemons and their allies, on the one hand, and a punitive regime for the losers and the disadvantaged, on the other. Though it constantly advertised its impartiality and universalism, international law served to bolster and legitimize, ever since the Tokyo and Nuremberg trials, a fundamentally unilateral and unequal international order.
International Legal Issues Arising Under the United Nations Decade of International Law
Author: Al-Nauimi
Publisher: Martinus Nijhoff Publishers
ISBN: 9004640592
Category : Law
Languages : en
Pages : 1370
Book Description
The State of Qatar, the Asian-African Legal Consultative Committee (AALCC), in cooperation with the Secretariat of the United Nations and Frère Cholmeley (Paris) organised the Conference on International Legal Issues Arising under the United Nations Decade of International Law in Doha, Qatar on 22--25 March 1994. Around 60 speakers and 200 participants from more than 40 nations freely expressed their views on the progressive development of international law and its codification with a view to States' actions in the future adhering to the principles of international law as enshrined in the Charter of the United Nations. The subjects dealt with by the Conference had one thing in common: they were all topical issues or, in French, `des questions d'actualité', and will remain thus throughout the United Nations Decade of International Law. The various themes were Environmental Law, the Law of the Sea, the Settlement of Disputes, Humanitarian Law, and the Rio Conference, Post-Rio and the New International Economic Order. This book which contains the Conference proceedings will be of great interest to lawyers specializing in international law. The book is not only a photograph of some very important issues as they existed and were perceived in 1994, it will also serve as a reference book and a unique tool which will be indispensable to understanding some of the most crucial legal problems with which the world community is faced today.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004640592
Category : Law
Languages : en
Pages : 1370
Book Description
The State of Qatar, the Asian-African Legal Consultative Committee (AALCC), in cooperation with the Secretariat of the United Nations and Frère Cholmeley (Paris) organised the Conference on International Legal Issues Arising under the United Nations Decade of International Law in Doha, Qatar on 22--25 March 1994. Around 60 speakers and 200 participants from more than 40 nations freely expressed their views on the progressive development of international law and its codification with a view to States' actions in the future adhering to the principles of international law as enshrined in the Charter of the United Nations. The subjects dealt with by the Conference had one thing in common: they were all topical issues or, in French, `des questions d'actualité', and will remain thus throughout the United Nations Decade of International Law. The various themes were Environmental Law, the Law of the Sea, the Settlement of Disputes, Humanitarian Law, and the Rio Conference, Post-Rio and the New International Economic Order. This book which contains the Conference proceedings will be of great interest to lawyers specializing in international law. The book is not only a photograph of some very important issues as they existed and were perceived in 1994, it will also serve as a reference book and a unique tool which will be indispensable to understanding some of the most crucial legal problems with which the world community is faced today.
New Challenges to International Law
Author: Steven van Hoogstraten
Publisher: BRILL
ISBN: 9004384294
Category : Law
Languages : en
Pages : 170
Book Description
International law and the Hague, the city where so many institutions of international law are established, are intimately connected. This book presents the views developed by some of the active players in the legal capital of the world on a number of the current challenges faced by international law. The starting point was a seminar held in the Peace Palace, reviewing some of the legal policy questions of today, such as the acceptance of the jurisdiction of the ICJ as a prerequisite to dispute settlement. Supplementing these articles on classical international law are essays dealing with the younger discipline of international criminal law, as practiced by the ICC and other Tribunals, offering ideas on, among other things. how to speed up the lengthy procedures of international criminal tribunals. Other contributions debate the universality of human rights and their legal protection.
Publisher: BRILL
ISBN: 9004384294
Category : Law
Languages : en
Pages : 170
Book Description
International law and the Hague, the city where so many institutions of international law are established, are intimately connected. This book presents the views developed by some of the active players in the legal capital of the world on a number of the current challenges faced by international law. The starting point was a seminar held in the Peace Palace, reviewing some of the legal policy questions of today, such as the acceptance of the jurisdiction of the ICJ as a prerequisite to dispute settlement. Supplementing these articles on classical international law are essays dealing with the younger discipline of international criminal law, as practiced by the ICC and other Tribunals, offering ideas on, among other things. how to speed up the lengthy procedures of international criminal tribunals. Other contributions debate the universality of human rights and their legal protection.
The Roots of International Law / Les fondements du droit international
Author:
Publisher: Martinus Nijhoff Publishers
ISBN: 9004261656
Category : Law
Languages : en
Pages : 778
Book Description
This collection of essays gathers contributions from leading international lawyers from different countries, generations and angles with the aim of highlighting the multifaceted history of international law. This volume questions and analyses the origins and foundations of the international legal system. A particular attention is devoted to Hugo Grotius as one of the founding fathers of the law of nations. Several contributions further question the positivist tradition initiated by Vattel and endorsed by scholars of the 19th Century. This immersion in the intellectual origins of international law is enriched by an inquiry into the practice of the law of nations, including its main patterns and changing evolution as well as the role of non-western traditions and the impact of colonization. Le présent ouvrage réunit les contributions de juristes internationaux reconnus en vue d’éclairer les multiples facettes de l’histoire du droit international public. L’ouvrage analyse et questionne les origines et les fondements de l’ordre juridique international. Une attention toute particulière est dédiée à Hugo Grotius l’un des pères fondateurs du droit international. D’autres contributions questionnent également la tradition positiviste initiée par Vattel et confortée par la doctrine du 19ème siècle. Cette immersion dans les origines doctrinales du système juridique international est enrichie par l’étude de la pratique du droit international public, son évolution ainsi que le rôle des traditions non-occidentales et l’impact de la colonisation.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004261656
Category : Law
Languages : en
Pages : 778
Book Description
This collection of essays gathers contributions from leading international lawyers from different countries, generations and angles with the aim of highlighting the multifaceted history of international law. This volume questions and analyses the origins and foundations of the international legal system. A particular attention is devoted to Hugo Grotius as one of the founding fathers of the law of nations. Several contributions further question the positivist tradition initiated by Vattel and endorsed by scholars of the 19th Century. This immersion in the intellectual origins of international law is enriched by an inquiry into the practice of the law of nations, including its main patterns and changing evolution as well as the role of non-western traditions and the impact of colonization. Le présent ouvrage réunit les contributions de juristes internationaux reconnus en vue d’éclairer les multiples facettes de l’histoire du droit international public. L’ouvrage analyse et questionne les origines et les fondements de l’ordre juridique international. Une attention toute particulière est dédiée à Hugo Grotius l’un des pères fondateurs du droit international. D’autres contributions questionnent également la tradition positiviste initiée par Vattel et confortée par la doctrine du 19ème siècle. Cette immersion dans les origines doctrinales du système juridique international est enrichie par l’étude de la pratique du droit international public, son évolution ainsi que le rôle des traditions non-occidentales et l’impact de la colonisation.
Philosophy of Justice
Author: Guttorm Fløistad
Publisher: Springer
ISBN: 9401791759
Category : Philosophy
Languages : en
Pages : 392
Book Description
This book presents surveys of significant trends in contemporary philosophy. Contributing authors explore themes relating to justice including natural rights, equality, freedom, democracy, morality and cultural traditions. Key movements and thinkers are considered, ranging from ancient Greek philosophy, Roman and Christian traditions to the development of Muslim law, Enlightenment perspectives and beyond. Authors discuss important works, including those of Aristotle, Ibn Khaldun, John Locke, Immanuel Kant and Mary Wollstonecraft. Readers are also invited to examine Hegel and the foundation of right, Karl Marx as a utopian socialist and the works of Paul Ricœur, amongst the wealth of perspectives presented in this book. Through these chapters, readers are able to explore the relationship of the state to justice and consider the rights of the individual and the role of law. Contributions presented here discuss concepts including Sharia law, freedom in the community and Libertarian Anarchism. Readers may follow accounts of justice in the Scottish Enlightenment and consider fairness, social justice and the concept of injustice. The surveys presented here show different approaches and a variety of interpretations. Each contribution has its own bibliography.
Publisher: Springer
ISBN: 9401791759
Category : Philosophy
Languages : en
Pages : 392
Book Description
This book presents surveys of significant trends in contemporary philosophy. Contributing authors explore themes relating to justice including natural rights, equality, freedom, democracy, morality and cultural traditions. Key movements and thinkers are considered, ranging from ancient Greek philosophy, Roman and Christian traditions to the development of Muslim law, Enlightenment perspectives and beyond. Authors discuss important works, including those of Aristotle, Ibn Khaldun, John Locke, Immanuel Kant and Mary Wollstonecraft. Readers are also invited to examine Hegel and the foundation of right, Karl Marx as a utopian socialist and the works of Paul Ricœur, amongst the wealth of perspectives presented in this book. Through these chapters, readers are able to explore the relationship of the state to justice and consider the rights of the individual and the role of law. Contributions presented here discuss concepts including Sharia law, freedom in the community and Libertarian Anarchism. Readers may follow accounts of justice in the Scottish Enlightenment and consider fairness, social justice and the concept of injustice. The surveys presented here show different approaches and a variety of interpretations. Each contribution has its own bibliography.
The Human Dimension of International Law
Author: Antonio Cassese
Publisher: Oxford University Press
ISBN: 0199232911
Category : Law
Languages : en
Pages : 622
Book Description
This volume collects the most important papers of Antonio Cassese, one of the pre-eminent figures in international criminal justice. The papers offer the definitive statement of Cassese's thought, and a unique insight into some of the key developments in modern international law.
Publisher: Oxford University Press
ISBN: 0199232911
Category : Law
Languages : en
Pages : 622
Book Description
This volume collects the most important papers of Antonio Cassese, one of the pre-eminent figures in international criminal justice. The papers offer the definitive statement of Cassese's thought, and a unique insight into some of the key developments in modern international law.
The Birth of the New Justice
Author: Mark Lewis
Publisher: OUP Oxford
ISBN: 0191635715
Category : History
Languages : en
Pages : 359
Book Description
Until 1919, European wars were settled without post-war trials, and individuals were not punishable under international law. After World War One, European jurists at the Paris Peace Conference developed new concepts of international justice to deal with violations of the laws of war. Though these were not implemented for political reasons, later jurists applied these ideas to other problems, writing new laws and proposing various types of courts to maintain the post-World War One political order. They also aimed to enhance internal state security, address states' failures to respect minority rights, or rectify irregularities in war crimes trials after World War Two. The Birth of the New Justice shows that legal organizations were not merely interested in ensuring that the guilty were punished or that international peace was assured. They hoped to instill particular moral values, represent the interests of certain social groups, and even pursue national agendas. When jurists had to scale back their projects, it was not only because state governments opposed them. It was also because they lacked political connections and did not build public support for their ideas. In some cases, they decided that compromises were better than nothing. Rather than arguing that new legal projects were spearheaded by state governments motivated by "liberal legalism," Mark Lewis shows that legal organizations had a broad range of ideological motives - liberal, conservative, utopian, humanitarian, nationalist, and particularist. The International Law Association, the International Association of Penal Law, the World Jewish Congress, and the International Committee of the Red Cross transformed the concept of international violation to deal with new political and moral problems. They repeatedly altered the purpose of an international criminal court, sometimes dropping it altogether when national courts seemed more pragmatic.
Publisher: OUP Oxford
ISBN: 0191635715
Category : History
Languages : en
Pages : 359
Book Description
Until 1919, European wars were settled without post-war trials, and individuals were not punishable under international law. After World War One, European jurists at the Paris Peace Conference developed new concepts of international justice to deal with violations of the laws of war. Though these were not implemented for political reasons, later jurists applied these ideas to other problems, writing new laws and proposing various types of courts to maintain the post-World War One political order. They also aimed to enhance internal state security, address states' failures to respect minority rights, or rectify irregularities in war crimes trials after World War Two. The Birth of the New Justice shows that legal organizations were not merely interested in ensuring that the guilty were punished or that international peace was assured. They hoped to instill particular moral values, represent the interests of certain social groups, and even pursue national agendas. When jurists had to scale back their projects, it was not only because state governments opposed them. It was also because they lacked political connections and did not build public support for their ideas. In some cases, they decided that compromises were better than nothing. Rather than arguing that new legal projects were spearheaded by state governments motivated by "liberal legalism," Mark Lewis shows that legal organizations had a broad range of ideological motives - liberal, conservative, utopian, humanitarian, nationalist, and particularist. The International Law Association, the International Association of Penal Law, the World Jewish Congress, and the International Committee of the Red Cross transformed the concept of international violation to deal with new political and moral problems. They repeatedly altered the purpose of an international criminal court, sometimes dropping it altogether when national courts seemed more pragmatic.
Author:
Publisher: Editions Publibook
ISBN: 275390538X
Category :
Languages : en
Pages : 174
Book Description
Publisher: Editions Publibook
ISBN: 275390538X
Category :
Languages : en
Pages : 174
Book Description