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Author: Serena Forlati
Publisher: BRILL
ISBN: 9004408576
Category : Law
Languages : en
Pages : 219
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Book Description
In Universal Civil Jurisdiction ¬– Which Way Forward? leading experts of public and private international law discuss the challenges that victims of international crimes face when they seek reparation in countries other than the country where the crime was committed.
Author: Serena Forlati
Publisher: BRILL
ISBN: 9004408576
Category : Law
Languages : en
Pages : 219
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Book Description
In Universal Civil Jurisdiction ¬– Which Way Forward? leading experts of public and private international law discuss the challenges that victims of international crimes face when they seek reparation in countries other than the country where the crime was committed.
Author: Nergis Canefe
Publisher: University of Wales Press
ISBN: 178683703X
Category : Law
Languages : en
Pages : 338
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Book Description
This volume considers how, based on the examination of cases pertaining to transitional justice settings that resort to local interpretations of crimes against humanity jurisprudence, fragmentation of international law and circumscribed applications of universal jurisdiction are necessary aspects of the grand enterprise to overcome the impasse of the tainted legacy of international criminal law in the Global South. If we are to proceed with adjudication of the most egregious and heinous crimes involving state criminality without facing the charge of neo-colonialist plotting, then we must reckon with localised and domesticated interpretations of international criminal law, rather than pursuing strict forms of legislative dictation of international criminal law.
Author: Justice Bankole Thompson
Publisher: Springer
ISBN: 9462650543
Category : Law
Languages : en
Pages : 141
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Book Description
The doctrine of universal jurisdiction has evolved throughout modern times in the context of global criminal justice as a paramount agent of combating impunity emanating from international criminality. Sierra Leone, as a member of the international community and the United Nations, has, in recent times, been a pioneer in the progressive application and development of international criminal law in the African region. Despite this role, the country’s profile, both in terms of the incorporation and application of the doctrine of universal jurisdiction, is deficient in several major respects falling far short of its dual international obligation not to provide safe havens from justice for perpetrators of international crimes and to combat impunity from such criminogenic acts. Hence, a compelling reason for the author to write this book was to provide a seminal scholarly work on the subject articulating the existing state of the law in Sierra Leone and highlighting the deficiencies in the law and factors inhibiting the exercise of universal jurisdiction in this UN member state. It was also to propose necessary substantive and procedural law reforms in the state’s jurisprudence on the subject. The book is recommended reading for practitioners and scholars in international criminal law and related disciplines. Its accessibility is highly enhanced by relevant tables and summaries of each chapter. Justice Rosolu J.B. Thompson is Professor Emeritus of Criminal Justice Studies, Eastern Kentucky University, USA. He was a member of and Presiding Judge in Trial Chamber I of the Special Court for Sierra Leone.
Author: Cedric Ryngaert
Publisher: OUP Oxford
ISBN: 0191002224
Category : Law
Languages : en
Pages : 300
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Book Description
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applicatins of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Author: Stephen Macedo
Publisher:
ISBN: 9780971185906
Category : Criminal jurisdiction
Languages : en
Pages : 67
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Book Description
Author: Kenneth S. Gallant
Publisher: Oxford University Press
ISBN: 0199941475
Category : Law
Languages : en
Pages : 809
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Book Description
"Whose law must I obey? This question is so basic to our legal obligations that it ought to be easy. Specifically, a person considering an action ought to be able to answer this question by the use of law-like rules. This ought to be particularly true of criminal law, which will be the principal focus of this book. Actually, this question is partially unanswerable in the world as it exists today. Whether by accident or design, the current structure and content of law-national and international-sometimes prevents persons (natural or juridical) from being able to answer the question fully at the time of action"--
Author: Julie Fraser
Publisher: Edward Elgar Publishing
ISBN: 1839107308
Category : Law
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.
Author: Dário Moura Vicente
Publisher: Martinus Nijhoff Publishers
ISBN: 9004298711
Category : Law
Languages : en
Pages : 595
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Book Description
Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective offers a comprehensive overview of legal issues concerning the role and interrelations of international courts and jurisdictions.
Author: Hazel Fox
Publisher: OUP Oxford
ISBN: 0191669768
Category : Law
Languages : en
Pages : 704
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Book Description
The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.
Author: William J Aceves
Publisher: BRILL
ISBN: 9047431235
Category : Law
Languages : en
Pages : 817
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Book Description
This is the story of one of the most significant examples of human rights litigation in the U.S., presented as a documentary history. The pleadings and documents appear with minimal editing and are supplemented through commentary.
