The Subjects and Subjectivities of International Criminal Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Subjects and Subjectivities of International Criminal Law PDF full book. Access full book title The Subjects and Subjectivities of International Criminal Law by Emily Haslam. Download full books in PDF and EPUB format.
Author: Emily Haslam
Publisher: Bloomsbury Publishing
ISBN: 1509973745
Category : Law
Languages : en
Pages : 197
Get Book Here
Book Description
This book provides a critical introduction to the core elements of international criminal law. It does so by provoking thought on what international criminal law is, or could be, by contrasting the practice of widely recognised state-based actors and institutions such as the International Criminal Court with practices associated with non-state actors in particular citizens' tribunals. International criminal law is now established as an essential legal and institutional response to atrocity. However, it faces a series of political and practical challenges. It is vital to consider its limits and potential, as well as the ways and extent to which those limitations might be addressed. Many actors with very different visions of its nature and parameters play a role in shaping the meaning of international criminal law whether that be in official or unofficial spaces. This book explores the principles and institutions of international criminal law alongside the alternative visions of it put forward by citizens' tribunals. In so doing it encourages reflection on that law's multiple meanings and usages in order to provoke consideration of what it means, and might mean, to deploy international criminal law today.
Author: Emily Haslam
Publisher: Bloomsbury Publishing
ISBN: 1509973745
Category : Law
Languages : en
Pages : 197
Get Book Here
Book Description
This book provides a critical introduction to the core elements of international criminal law. It does so by provoking thought on what international criminal law is, or could be, by contrasting the practice of widely recognised state-based actors and institutions such as the International Criminal Court with practices associated with non-state actors in particular citizens' tribunals. International criminal law is now established as an essential legal and institutional response to atrocity. However, it faces a series of political and practical challenges. It is vital to consider its limits and potential, as well as the ways and extent to which those limitations might be addressed. Many actors with very different visions of its nature and parameters play a role in shaping the meaning of international criminal law whether that be in official or unofficial spaces. This book explores the principles and institutions of international criminal law alongside the alternative visions of it put forward by citizens' tribunals. In so doing it encourages reflection on that law's multiple meanings and usages in order to provoke consideration of what it means, and might mean, to deploy international criminal law today.
Author: Emily Haslam
Publisher: Bloomsbury Publishing
ISBN: 1509973737
Category : Law
Languages : en
Pages : 279
Get Book Here
Book Description
This book provides a critical introduction to the core elements of international criminal law. It does so by provoking thought on what international criminal law is, or could be, by contrasting the practice of widely recognised state-based actors and institutions such as the International Criminal Court with practices associated with non-state actors in particular citizens' tribunals. International criminal law is now established as an essential legal and institutional response to atrocity. However, it faces a series of political and practical challenges. It is vital to consider its limits and potential, as well as the ways and extent to which those limitations might be addressed. Many actors with very different visions of its nature and parameters play a role in shaping the meaning of international criminal law whether that be in official or unofficial spaces. This book explores the principles and institutions of international criminal law alongside the alternative visions of it put forward by citizens' tribunals. In so doing it encourages reflection on that law's multiple meanings and usages in order to provoke consideration of what it means, and might mean, to deploy international criminal law today.
Author: Anne Peters
Publisher: Cambridge University Press
ISBN: 1107164303
Category : Law
Languages : en
Pages : 645
Get Book Here
Book Description
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Author: Thomas Rauter
Publisher: Springer
ISBN: 3319644777
Category : Law
Languages : en
Pages : 274
Get Book Here
Book Description
This study analyzes the methods used by international criminal tribunals when determining customary international criminal law and to consider the compatibility of these approaches with the nullum crimen sine lege principle. In this context, the following research questions are of particular importance: Is there one approach common to all international criminal tribunals, or can different approaches be detected in their jurisprudence when determining customary international law? Do international criminal tribunals regard both traditional elements of customary international law – State practice and opinio iuris – as necessary elements for the establishment of customary international law? Do international criminal tribunals argue along the lines of the International Court of Justice (ICJ), requiring a high frequency and consistency of State practice that is both “extensive and virtually uniform”?In addition, the book analyzes the evidence used by international criminal tribunals in order to establish the constituent elements of customary international. It then poses the question: Do international criminal tribunals distinguish, as defined by Schwarzenberger, between the “law-creating processes” of public international law on the one hand, and the “law-determining agencies” as a subsidiary means of determining rule of law on the other?Assuming that they exist, how can different methodological approaches to determine customary international law be assessed in light of the nullum crimen sine lege principle? Does the principle require judges to apply the traditional method to establish customary international law as being based on extensive, uniform and enduring State practice accompanied by opinio iuris? Can the principle balance the desire for justice and the specificities of law creation of the international legal order with fairness for the accused? How can the law be accessible and criminal punishment foreseeable, when the underlying legal basis for criminal convictions, namely customary international criminal law, is unwritten in nature?
Author: Antonio Cassese
Publisher:
ISBN: 0199231281
Category : Law
Languages : en
Pages : 613
Get Book Here
Book Description
'Cassese's International Law' is a new edition of an established classic. The authors have refreshed Cassese's original approach, ensuring the book continues to compare the traditional legal position with the developing and evolving law. Advancing areas such as the law of the sea, territorial matters, and international environmental law have been expanded to give proper place to their evolving development, while brand new chapters on international trade and foreign investment have been written to reflect the advancements of these areas.
Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 829308135X
Category : Law
Languages : en
Pages : 300
Get Book Here
Book Description
'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.
Author: Nilay Saiya
Publisher: Cambridge University Press
ISBN: 1108474314
Category : Law
Languages : en
Pages : 243
Get Book Here
Book Description
This book shows that attempts to repress religion produce the very violent religious extremism that states seek to avoid.
Author: René Urueña
Publisher: Martinus Nijhoff Publishers
ISBN: 9004220690
Category : Law
Languages : en
Pages : 362
Get Book Here
Book Description
Building on the notion of a risk society, this book offers an alternative to the traditional notion of international legal subjects by arguing that international law creates fragmented subjectivities, whose conflicting identities help perpetuate a certain global loss of sense that is characteristic of our times.
Author: The Xiamen Academy of International Law
Publisher: BRILL
ISBN: 9004204113
Category : Law
Languages : en
Pages : 552
Get Book Here
Book Description
The Collected Courses of the Xiamen Academy of International Law contain the Summer Courses taught at the Xiamen Academy of International Law by highly qualified international legal professionals. The Third Volume of the Series contains the following articles: New Trends of International Law in the Era of Globalization, Stephan Hobe; Tradition versus Harmonization in the Recent Reforms of Contract Law, Ole Lando; Constitutional Functions and Constitutional Problems of International Economic Law in the 21st Century, Ernst-Ulrich Petersmann; International Law: A System of Relationships, Malcolm N. Shaw, QC; The International Law of Watercourses: New Dimensions, Patricia Wouters The Xiamen Academy of International Law aims to promote academic exchanges among legal communities across the globe, encourage examination of major international issues and, by so doing, seek ways to improve the possibilities for world peace and international cooperation. It seeks to achieve this aim by providing the highest level of education to individuals, particularly those from Asian countries, interested in the development and use of international law – persons such as young lecturers in international law, diplomats, practitioners of transnational law, government officials in charge of foreign affairs, and officials of international organizations.
Author: Valsamis Mitsilegas
Publisher: Bloomsbury Publishing
ISBN: 184731726X
Category : Law
Languages : en
Pages : 561
Get Book Here
Book Description
EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.
