Author: Dr. Krishan Mahajan
Publisher: Notion Press
ISBN: 1643240129
Category : Law
Languages : en
Pages : 272
Book Description
Can Parliament and the Union Government deprive Indians of their cultural heritage right to monuments? How has this deprivation been achieved by using the legislative process? Has the judicial culture of the Supreme Court been able to return to Indians this cultural heritage right? Can nationally important monuments be protected in a contrary political economy? How to retrieve and restore to Indians the fundamental right to the distinct culture of monuments by understanding what a monument is?
Legally Victimising National Monuments
Author: Dr. Krishan Mahajan
Publisher: Notion Press
ISBN: 1643240129
Category : Law
Languages : en
Pages : 272
Book Description
Can Parliament and the Union Government deprive Indians of their cultural heritage right to monuments? How has this deprivation been achieved by using the legislative process? Has the judicial culture of the Supreme Court been able to return to Indians this cultural heritage right? Can nationally important monuments be protected in a contrary political economy? How to retrieve and restore to Indians the fundamental right to the distinct culture of monuments by understanding what a monument is?
Publisher: Notion Press
ISBN: 1643240129
Category : Law
Languages : en
Pages : 272
Book Description
Can Parliament and the Union Government deprive Indians of their cultural heritage right to monuments? How has this deprivation been achieved by using the legislative process? Has the judicial culture of the Supreme Court been able to return to Indians this cultural heritage right? Can nationally important monuments be protected in a contrary political economy? How to retrieve and restore to Indians the fundamental right to the distinct culture of monuments by understanding what a monument is?
Legal Pedagogy and Research Methodology
Author: Mr. Rohit Manglik
Publisher: EduGorilla Community Pvt. Ltd.
ISBN: 936906866X
Category : Education
Languages : en
Pages : 675
Book Description
EduGorilla Publication is a trusted name in the education sector, committed to empowering learners with high-quality study materials and resources. Specializing in competitive exams and academic support, EduGorilla provides comprehensive and well-structured content tailored to meet the needs of students across various streams and levels.
Publisher: EduGorilla Community Pvt. Ltd.
ISBN: 936906866X
Category : Education
Languages : en
Pages : 675
Book Description
EduGorilla Publication is a trusted name in the education sector, committed to empowering learners with high-quality study materials and resources. Specializing in competitive exams and academic support, EduGorilla provides comprehensive and well-structured content tailored to meet the needs of students across various streams and levels.
International Perspectives on Terrorist Victimisation
Author: J. Argomaniz
Publisher: Springer
ISBN: 1137347112
Category : Psychology
Languages : en
Pages : 305
Book Description
Considering an under-researched dimension of political violence, this interdisciplinary collection provides an extensive examination of terrorist victimisation. It explores how individual and public experiences of victimisation are constructed and how they are shaped by existing dynamics of violence.
Publisher: Springer
ISBN: 1137347112
Category : Psychology
Languages : en
Pages : 305
Book Description
Considering an under-researched dimension of political violence, this interdisciplinary collection provides an extensive examination of terrorist victimisation. It explores how individual and public experiences of victimisation are constructed and how they are shaped by existing dynamics of violence.
Legal Institutions and Collective Memories
Author: Susanne Karstedt
Publisher: Bloomsbury Publishing
ISBN: 1847315232
Category : Law
Languages : en
Pages : 428
Book Description
In recent decades the debate among scholars, lawyers, politicians and others about how societies deal with their past has been constant and intensive. 'Legal Institutions and Collective Memories' situates the processes of transitional justice at the intersection between legal procedures and the production of collective and shared meanings of the past. Building upon the work of Maurice Halbwachs, this collection of essays emphasises the extended role and active involvement of contemporary law and legal institutions in public discourse about the past, and explores their impact on the shape that collective memories take in the course of time. The authors uncover a complex pattern of searching for truth, negotiating the past and cultivating the art of forgetting. Their contributions explore the ambiguous and intricate links between the production of justice, truth and memory. The essays cover a broad range of legal institutions, countries and topics. These include transitional trials as 'monumental spectacles' as well as constitutional courts, and the restitution of property rights in Central and Eastern Europe and Australia. The authors explore the biographies of victims and how their voices were repressed, as in the case of Korean Comfort Women. They explore the role of law and legal institutions in linking individual and collective memories in the transitional period through processes of lustration, and they analyse divided memories about the past and their impact on future reconciliation in South Africa. The collection offers a genuinely comparative approach, allied to cutting-edge theory
Publisher: Bloomsbury Publishing
ISBN: 1847315232
Category : Law
Languages : en
Pages : 428
Book Description
In recent decades the debate among scholars, lawyers, politicians and others about how societies deal with their past has been constant and intensive. 'Legal Institutions and Collective Memories' situates the processes of transitional justice at the intersection between legal procedures and the production of collective and shared meanings of the past. Building upon the work of Maurice Halbwachs, this collection of essays emphasises the extended role and active involvement of contemporary law and legal institutions in public discourse about the past, and explores their impact on the shape that collective memories take in the course of time. The authors uncover a complex pattern of searching for truth, negotiating the past and cultivating the art of forgetting. Their contributions explore the ambiguous and intricate links between the production of justice, truth and memory. The essays cover a broad range of legal institutions, countries and topics. These include transitional trials as 'monumental spectacles' as well as constitutional courts, and the restitution of property rights in Central and Eastern Europe and Australia. The authors explore the biographies of victims and how their voices were repressed, as in the case of Korean Comfort Women. They explore the role of law and legal institutions in linking individual and collective memories in the transitional period through processes of lustration, and they analyse divided memories about the past and their impact on future reconciliation in South Africa. The collection offers a genuinely comparative approach, allied to cutting-edge theory
The Sri Lanka Law Reports
Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1024
Book Description
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1024
Book Description
Large-Scale Victimisation as a Potential Source of Terrorist Activities
Author: U. Ewald
Publisher: IOS Press
ISBN: 1607502143
Category : History
Languages : en
Pages : 308
Book Description
This publication presents a subject that is, unfortunately, as significant today as it was two years ago. Sadly, this continuing relevance seems to confirm the views of the German radical pacifist Kurt Tucholsky, who stated in response to the atrocities and sufferings of WWI: “But men never ever learnt from history, and they will not do so in the future. Hic Rhodus!” Recent events in Iraq, the Middle East, East Timor or the Democratic Republic of Congo, and possible links regarding issues of terrorism, raise the question what criminological and victimological research offers in assisting to break vicious spirals of ignorance of gross human rights violations and the immense human sufferings in the context of armed conflicts and terrorism. The answer to this question still remains open. Yet, this publication confirms the substantial willingness to ‘learn’ from the past by critically reviewing large-scale victimisation arising out of protracted conflicts in order to better understanding the necessary prerequisites for enduring peace-making in post-conflict societies and to anticipate and suggest approaches to healing victimising effects.
Publisher: IOS Press
ISBN: 1607502143
Category : History
Languages : en
Pages : 308
Book Description
This publication presents a subject that is, unfortunately, as significant today as it was two years ago. Sadly, this continuing relevance seems to confirm the views of the German radical pacifist Kurt Tucholsky, who stated in response to the atrocities and sufferings of WWI: “But men never ever learnt from history, and they will not do so in the future. Hic Rhodus!” Recent events in Iraq, the Middle East, East Timor or the Democratic Republic of Congo, and possible links regarding issues of terrorism, raise the question what criminological and victimological research offers in assisting to break vicious spirals of ignorance of gross human rights violations and the immense human sufferings in the context of armed conflicts and terrorism. The answer to this question still remains open. Yet, this publication confirms the substantial willingness to ‘learn’ from the past by critically reviewing large-scale victimisation arising out of protracted conflicts in order to better understanding the necessary prerequisites for enduring peace-making in post-conflict societies and to anticipate and suggest approaches to healing victimising effects.
The Global Community Yearbook of International Law and Jurisprudence 2017
Author: Giuliana Ziccardi Capaldo
Publisher: Oxford University Press
ISBN: 0190923857
Category : Law
Languages : en
Pages : 929
Book Description
The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international tribunals specifically. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Global Community Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition features expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence: the series now also serves to prepare researchers for the issues facing emerging global law. The 2017 edition of The Global Community Yearbook both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook has established itself as an authoritative resource for research and guidance on the jurisprudence of both UN-based tribunals and regional courts. The 2017 edition continues to provide expert coverage of the Court of Justice of the European Union and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the Tribunals for the Former Yugoslavia and Rwanda, to economically based tribunals such as ICSID and the WTO Dispute Resolution panel. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists. It also includes expert introductory essays by prominent scholars in the realm of international law, on topics as diverse and current as the erosion of the postwar liberal global order by national populism and the accompanying disorder in global politics, a bifurcated global nuclear order due to the Nuclear Non-proliferation Treaty and the Nuclear Weapons Prohibition Treaty, and the expansion of the principle of no-impunity and its application to serious violations of social and economic rights. New to the 2017 edition, the author of the article in Recent Lines of International Thought will now talk about their own work as a Scholar/Judge. In addition, this edition memorializes the late M. Cherif Baasiouni. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals and a section focusing on the thought of leading international law scholars on the subject of the globalization. This publication can also be purchased on a standing order basis.
Publisher: Oxford University Press
ISBN: 0190923857
Category : Law
Languages : en
Pages : 929
Book Description
The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international tribunals specifically. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Global Community Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition features expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence: the series now also serves to prepare researchers for the issues facing emerging global law. The 2017 edition of The Global Community Yearbook both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook has established itself as an authoritative resource for research and guidance on the jurisprudence of both UN-based tribunals and regional courts. The 2017 edition continues to provide expert coverage of the Court of Justice of the European Union and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the Tribunals for the Former Yugoslavia and Rwanda, to economically based tribunals such as ICSID and the WTO Dispute Resolution panel. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists. It also includes expert introductory essays by prominent scholars in the realm of international law, on topics as diverse and current as the erosion of the postwar liberal global order by national populism and the accompanying disorder in global politics, a bifurcated global nuclear order due to the Nuclear Non-proliferation Treaty and the Nuclear Weapons Prohibition Treaty, and the expansion of the principle of no-impunity and its application to serious violations of social and economic rights. New to the 2017 edition, the author of the article in Recent Lines of International Thought will now talk about their own work as a Scholar/Judge. In addition, this edition memorializes the late M. Cherif Baasiouni. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals and a section focusing on the thought of leading international law scholars on the subject of the globalization. This publication can also be purchased on a standing order basis.
Assisting Victims of Terrorism
Author: Rianne Letschert
Publisher: Springer Science & Business Media
ISBN: 9048130255
Category : Law
Languages : en
Pages : 375
Book Description
The fight against terrorism is receiving increased awareness due to recent wor- wide large-scale terrorist acts, and only since then has some attention been directed specifically to victims of terrorism. Existing legal instruments of international b- ies like the European Union, the Council of Europe and the United Nations c- cerning victims of terrorism are relatively abstract or include victims of terrorism under the broader heading of victims of crime in general. In addition, policies and legislation relating to victims of crime or victims of terrorism vary widely on the domestic level. Against this background, the European Union commissioned a project that should aim to develop more extensive standards for the aid and ass- tance of victims of terrorism at the European level. This study provides the basis from which more extensive standards could be derived. The study focuses parti- larly on developing standards in the field of continuing assistance, access to justice, administration of justice and compensation to victims of terrorism. A novel feature of the approach is that also the possible utility of restorative justice approaches is examined. An important question to address was whether there is a real need to adopt s- cific standards for victims of terrorism, thereby implying that their needs might differ from victims of ordinary crime.
Publisher: Springer Science & Business Media
ISBN: 9048130255
Category : Law
Languages : en
Pages : 375
Book Description
The fight against terrorism is receiving increased awareness due to recent wor- wide large-scale terrorist acts, and only since then has some attention been directed specifically to victims of terrorism. Existing legal instruments of international b- ies like the European Union, the Council of Europe and the United Nations c- cerning victims of terrorism are relatively abstract or include victims of terrorism under the broader heading of victims of crime in general. In addition, policies and legislation relating to victims of crime or victims of terrorism vary widely on the domestic level. Against this background, the European Union commissioned a project that should aim to develop more extensive standards for the aid and ass- tance of victims of terrorism at the European level. This study provides the basis from which more extensive standards could be derived. The study focuses parti- larly on developing standards in the field of continuing assistance, access to justice, administration of justice and compensation to victims of terrorism. A novel feature of the approach is that also the possible utility of restorative justice approaches is examined. An important question to address was whether there is a real need to adopt s- cific standards for victims of terrorism, thereby implying that their needs might differ from victims of ordinary crime.
International Law of Victims
Author: Carlos Fernández de Casadevante Romani
Publisher: Springer Science & Business Media
ISBN: 3642281400
Category : Law
Languages : en
Pages : 279
Book Description
After having ignored victims, only recently both domestic and international law have begun to pay attention to them. As a consequence, different international norms related to victims have progressively been introduced. These are norms generally characterized by a certain concept from the perspective of victims, as well as by the enumeration of a list of rights to which they are entitle to; rights upon which the international statute of victims is built. In reverse, these catalogues of rights are the states’ obligations. Most of these rights are already existent in the international law of human rights. Consequently, they are not new but consolidated rights. Others are strictly linked to victims, concerning the following categories: victims of crime, victims of abuse of power, victims of gross violations of international human rights law, victims of serious violations of international humanitarian law, victims of enforced disappearance, victims of violations of international criminal law and victims of terrorism.
Publisher: Springer Science & Business Media
ISBN: 3642281400
Category : Law
Languages : en
Pages : 279
Book Description
After having ignored victims, only recently both domestic and international law have begun to pay attention to them. As a consequence, different international norms related to victims have progressively been introduced. These are norms generally characterized by a certain concept from the perspective of victims, as well as by the enumeration of a list of rights to which they are entitle to; rights upon which the international statute of victims is built. In reverse, these catalogues of rights are the states’ obligations. Most of these rights are already existent in the international law of human rights. Consequently, they are not new but consolidated rights. Others are strictly linked to victims, concerning the following categories: victims of crime, victims of abuse of power, victims of gross violations of international human rights law, victims of serious violations of international humanitarian law, victims of enforced disappearance, victims of violations of international criminal law and victims of terrorism.
Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity
Author: Carla Ferstman
Publisher: BRILL
ISBN: 9004174494
Category : Law
Languages : en
Pages : 585
Book Description
This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to access effective and enforceable remedies and reparation for harm suffered. In discussions between the Conference organisers and Judges and officials of the International Criminal Court, it became ever more apparent that there was a great need for frank and open exchanges on the question of effective reparation, between the representatives of victims, of NGOs and IGOs, and other experts. It was clear to all that the many current initiatives of governments and regional and international institutions to afford reparations to victims of genocide, crimes against humanity and war crimes could benefit greatly by taking into full account the wide and varied practice that had been built up over several decades. In particular, the Hague Conference sought to consider in detail the long experience of the Conference on Jewish Material Claims against Germany (the Claims Conference) in respect of Holocaust restitution programmes, as well as the practice of truth commissions, arbitral proceedings and a variety of national processes to identify common trends, best practices and lessons. This book thus explores the actions of governments, as well as of national and international courts and commissions in applying, processing, implementing and enforcing a variety of reparations schemes and awards. Crucially, it considers the entire complex of issues from the perspective of the beneficiaries - survivors and their communities - and from the perspective of the policy-makers and implementers tasked with resolving technical and procedural challenges in bringing to fruition adequate, effective and meaningful reparations in the context of mass victimisation.
Publisher: BRILL
ISBN: 9004174494
Category : Law
Languages : en
Pages : 585
Book Description
This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to access effective and enforceable remedies and reparation for harm suffered. In discussions between the Conference organisers and Judges and officials of the International Criminal Court, it became ever more apparent that there was a great need for frank and open exchanges on the question of effective reparation, between the representatives of victims, of NGOs and IGOs, and other experts. It was clear to all that the many current initiatives of governments and regional and international institutions to afford reparations to victims of genocide, crimes against humanity and war crimes could benefit greatly by taking into full account the wide and varied practice that had been built up over several decades. In particular, the Hague Conference sought to consider in detail the long experience of the Conference on Jewish Material Claims against Germany (the Claims Conference) in respect of Holocaust restitution programmes, as well as the practice of truth commissions, arbitral proceedings and a variety of national processes to identify common trends, best practices and lessons. This book thus explores the actions of governments, as well as of national and international courts and commissions in applying, processing, implementing and enforcing a variety of reparations schemes and awards. Crucially, it considers the entire complex of issues from the perspective of the beneficiaries - survivors and their communities - and from the perspective of the policy-makers and implementers tasked with resolving technical and procedural challenges in bringing to fruition adequate, effective and meaningful reparations in the context of mass victimisation.