Nullum Crimen Sine Lege The European Convention On Human Rights And The Foreseeability Of The Law

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Nullum Crimen Sine Lege, the European Convention on Human Rights and the Foreseeability of the Law

Sara Paiusco
Nullum Crimen Sine Lege the European Convention on Human Rights and the Foreseeability of the Law Book PDF

Author : Sara Paiusco
Publisher : Nomos Verlag
Page : 492 pages
File Size : 41,8 Mb
Release : 2021-06-17
Category : Law
ISBN : 9783748922766

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Nullum Crimen Sine Lege, the European Convention on Human Rights and the Foreseeability of the Law by Sara Paiusco Pdf

Das Buch untersucht nullum crimen sine lege als europäischen Grundsatz. Die Untersuchung konzentriert sich auf die Rolle der Vorhersehbarkeit als Lösung für die Legalitätsprobleme, die sich aus dem Richterrecht im Strafrecht ergeben. Die Vorhersehbarkeit und seine Entwicklung werden in der Rechtsprechung des EGMR untersucht. Aktuelle Lösungen, die von Zivilrechtsstaaten (Italien und Deutschland) angenommen wurden, werden auch unter Berücksichtigung der theoretischen Grundlagen von ncsl analysiert. Darüber hinaus wird die Rolle der Vorhersehbarkeit im EU-Recht als Beispiel für eine wirkungsorientierte Rechtsordnung betrachtet. Abschließend werden Zukunftsperspektiven für die Umsetzung der Vorhersehbarkeit analysiert.

Genocide, Crimes Against Humanity, War Crimes

Machteld Boot
Genocide Crimes Against Humanity War Crimes Book PDF

Author : Machteld Boot
Publisher : Intersentia nv
Page : 754 pages
File Size : 52,9 Mb
Release : 2002
Category : Crimes against humanity
ISBN : 9789050952163

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Genocide, Crimes Against Humanity, War Crimes by Machteld Boot Pdf

3.1 The Tokyo Charter

Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege

Thomas Rauter
Judicial Practice Customary International Criminal Law and Nullum Crimen Sine Lege Book PDF

Author : Thomas Rauter
Publisher : Springer
Page : 261 pages
File Size : 55,7 Mb
Release : 2017-09-05
Category : Law
ISBN : 9783319644776

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Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege by Thomas Rauter Pdf

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?

The European Convention on Human Rights – Principles and Law

Carla M. Buckley,Krešimir Kamber,Pamela McCormick,David J. Harris
The European Convention on Human Rights Principles and Law Book PDF

Author : Carla M. Buckley,Krešimir Kamber,Pamela McCormick,David J. Harris
Publisher : Council of Europe
Page : 408 pages
File Size : 47,8 Mb
Release : 2022-11-23
Category : Political Science
ISBN : 9789287191915

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The European Convention on Human Rights – Principles and Law by Carla M. Buckley,Krešimir Kamber,Pamela McCormick,David J. Harris Pdf

An indispensable guide for university students, government officials and legal practitioners alike. The European Convention on Human Rights – Principles and law is the essential handbook for university students, government officials, lawyers and human rights advocates seeking a comprehensive and concise account of the case law generated under the European Convention on Human Rights. Written by experts on the Convention, it: • cites nearly 1 500 cases, providing links to each case in the HUDOC database; • identifies key challenges and current legal developments; • provides suggestions for further reading on contentious issues; • is a companion text to Council of Europe’s book The individual application under the European Convention on Human Rights – Procedural guide by Linos-Alexandre Sicilianos and Maria-Andriani Kostopoulou.

Law-Making and Legitimacy in International Humanitarian Law

Püschmann, Jonas
Law Making and Legitimacy in International Humanitarian Law Book PDF

Author : Püschmann, Jonas
Publisher : Edward Elgar Publishing
Page : 488 pages
File Size : 43,7 Mb
Release : 2021-10-19
Category : Political Science
ISBN : 9781800883963

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Law-Making and Legitimacy in International Humanitarian Law by Püschmann, Jonas Pdf

International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.

Intersections of Law and Culture at the International Criminal Court

Julie Fraser,Brianne McGonigle Leyh
Intersections of Law and Culture at the International Criminal Court Book PDF

Author : Julie Fraser,Brianne McGonigle Leyh
Publisher : Edward Elgar Publishing
Page : 456 pages
File Size : 44,9 Mb
Release : 2020-10-30
Category : Law
ISBN : 9781839107306

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Intersections of Law and Culture at the International Criminal Court by Julie Fraser,Brianne McGonigle Leyh Pdf

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.

The Defence of Mistake of Law in International Criminal Law

Antonio Coco
The Defence of Mistake of Law in International Criminal Law Book PDF

Author : Antonio Coco
Publisher : Oxford University Press
Page : 305 pages
File Size : 50,7 Mb
Release : 2022-08-04
Category : Electronic
ISBN : 9780192895745

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The Defence of Mistake of Law in International Criminal Law by Antonio Coco Pdf

The adage 'ignorance of the law is no excuse' is significantly inaccurate. Ignorance and mistake of law do, under certain circumstances, exclude responsibility both in national and international criminal law. This monograph updates the existing reviews of law and practice on the topic, aiming to go a step further: it takes the analysis of mistake of law as a starting point for systematic observations about international criminal law in general. First, the volume defines the contours of the defence of mistake of law in general theory of criminal law, distinguishing it from cognate defences and highlighting, most notably, its connection with superior orders. Secondly, it gives an overview of the possible approaches to the defence, offering examples from national law as terms of reference for the subsequent analysis of international criminal law. Thirdly, it surveys the relevant law and practice of international criminal tribunals, with a focus on the International Criminal Court, and it contemplates offences for which a defence of mistake of law may potentially succeed. Finally, the author tries to interpret what the rules on mistake of law applicable before international criminal tribunals imply about the purpose of punishing individuals and to the legitimacy of such punishment. Whilst the discourse on international criminal law is more and more concerned with global politics, The Defence of Mistake of Law in International Criminal Law brings back the focus on the appropriateness of imposing a guilty verdict on the individual defendant, a human being constituting the basic unit of each society.

Europe of Rights: A Compendium on the European Convention of Human Rights

Javier García Roca,Pablo Santolaya
Europe of Rights A Compendium on the European Convention of Human Rights Book PDF

Author : Javier García Roca,Pablo Santolaya
Publisher : Martinus Nijhoff Publishers
Page : 690 pages
File Size : 55,8 Mb
Release : 2012-03-20
Category : Law
ISBN : 9789004219915

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Europe of Rights: A Compendium on the European Convention of Human Rights by Javier García Roca,Pablo Santolaya Pdf

This book is a systematic commentary on half a century of case law on the Convention system made by a group of legal experts from various universities and legal disciplines. It provides a guide of the rights protected under ECHR as well as a better understanding, open to supranational scenarios, of fundamental rights in the respective Constitutions. Our intention is not only to make available a mere case law commentary. This work indeed offers succinct information on the most consolidated lines of case law and this is probably where it is most useful. Nevertheless there is also academic reflection, which we believe is nowadays essential as Europe is becoming more than a continent: it is, above all, a civilisation, with a common language of rights, a developing ius commune.

Smith, Hogan, and Ormerod's Text, Cases, and Materials on Criminal Law

David (Professor of Criminal Justice Ormerod, University College London and Deputy High Court Judge),David Ormerod,Karl (Lecturer in Law at Exeter College Laird, University of Oxford and a Senior Retained Lecturer at Pembroke College)
Smith Hogan and Ormerod s Text Cases and Materials on Criminal Law Book PDF

Author : David (Professor of Criminal Justice Ormerod, University College London and Deputy High Court Judge),David Ormerod,Karl (Lecturer in Law at Exeter College Laird, University of Oxford and a Senior Retained Lecturer at Pembroke College)
Publisher : Unknown
Page : 858 pages
File Size : 48,6 Mb
Release : 2020-06-22
Category : Electronic
ISBN : 9780198831945

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Smith, Hogan, and Ormerod's Text, Cases, and Materials on Criminal Law by David (Professor of Criminal Justice Ormerod, University College London and Deputy High Court Judge),David Ormerod,Karl (Lecturer in Law at Exeter College Laird, University of Oxford and a Senior Retained Lecturer at Pembroke College) Pdf

Smith, Hogan, and Ormerod's Text, Cases, and Materials on Criminal Law is a thorough and accessible guide to criminal law, providing invaluable extracts from key cases, statutes, and expert articles, which have been carefully selected to illuminate the core of criminal law. Ormerod and Lairdexpertly guide the reader through the various facets of the law while posing stimulating questions for students to investigate further and reflect upon.This book provides the law student with everything they need to develop a thorough understanding of this fascinating subject.Online Resourceswww.oup.com/uk/shoThis book is accompanied by a selection of online resources, including detailed annual updates, useful web links, and outline answer guidance to selected in-text questions.

Judges and Democratization

B. C. Smith
Judges and Democratization Book PDF

Author : B. C. Smith
Publisher : Taylor & Francis
Page : 326 pages
File Size : 44,6 Mb
Release : 2022-11-18
Category : Political Science
ISBN : 9781000786439

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Judges and Democratization by B. C. Smith Pdf

This second edition examines judicial independence as an aspect of democratization based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence and examines the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. Focusing on the growing authoritarianism in the new democracies of Eastern Europe, Latin America, Asia and Africa, the book analyses the paradox of judicial activism arising from the independence endowed upon the judiciary and the rights bestowed on citizens by post-authoritarian constitutions. Finally, it asks how judicial accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. This book will be of key interest to scholars and students of judicial studies, democratization and autocratization studies, constitutionalism, global governance, and more broadly comparative government/politics, human rights and comparative public law.

Experientiam et Progressionem in Comparative and International Law

Banggui Jin,Cristina Elena Popa Tache
Experientiam et Progressionem in Comparative and International Law Book PDF

Author : Banggui Jin,Cristina Elena Popa Tache
Publisher : ADJURIS – International Academic Publisher
Page : 185 pages
File Size : 47,6 Mb
Release : 2022-08-19
Category : Law
ISBN : 9786069535141

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Experientiam et Progressionem in Comparative and International Law by Banggui Jin,Cristina Elena Popa Tache Pdf

This volume contains the scientific papers presented at the 2nd Conference on Comparative and International Law that was held on 24 June 2022 online on Zoom. This is an international conference. The conference is organized every year by the Society of Juridical and Administrative Sciences together with the Faculty of Law of the Bucharest University of Economic Studies. More information about the conference can be found on the official website: www.comparativelawconference.eu . The scientific studies included in this volume are grouped into three chapters: Contemporary Applicability Presentations in Comparative Law, International Law and Its Modern Regulatory Powers and Some aspects regarding criminal challenges. This volume is aimed at practitioners, researchers, students and PhD. candidates in juridical sciences, who are interested in recent developments and prospects for development in the field of comparative and international law.

Transitional Jurisprudence and the ECHR

Antoine Buyse,Michael Hamilton
Transitional Jurisprudence and the ECHR Book PDF

Author : Antoine Buyse,Michael Hamilton
Publisher : Cambridge University Press
Page : 331 pages
File Size : 45,8 Mb
Release : 2011-08-11
Category : Law
ISBN : 9781139501118

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Transitional Jurisprudence and the ECHR by Antoine Buyse,Michael Hamilton Pdf

The European Convention on Human Rights has been a standard-setting text for transitions to peace and democracy in states throughout Europe. This book analyses the content, role and effects of the jurisprudence of the European Court relating to societies in transition. It features a wide range of transitional challenges, from killings by security forces in Northern Ireland to property restitution in East Central Europe, and from political upheaval in the Balkans to the position of religious minorities and Roma. Has the European Court developed a specific transitional jurisprudence? How do politics affect the ways in which the Court's judgments are implemented? Does the Court's case-law itself become woven into narratives of struggle in transitional societies? This book seeks to answer these questions by highlighting the unique role of Europe's main guardian of human rights, the Court in Strasbourg. It includes a comparison with the Inter-American and African human rights systems.

European Competition Law

Weijer VerLoren van Themaat,Berend Reude
European Competition Law Book PDF

Author : Weijer VerLoren van Themaat,Berend Reude
Publisher : Edward Elgar Publishing
Page : 1010 pages
File Size : 43,8 Mb
Release : 2018-01-26
Category : Law
ISBN : 9781786435477

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European Competition Law by Weijer VerLoren van Themaat,Berend Reude Pdf

This updated second edition explains EU competition law by presenting the relevant legal provisions together with carefully selected case extracts pertaining to those provisions. The book’s unique structure enables users to quickly locate information on procedural and substantive aspects of competition law. Containing an article by article overview of EU competition law jurisprudence and concise selected extracts from judgments in key cases, this book serves as an easy to navigate resource for practitioners, academics and competition authorities themselves.

The EU Charter of Fundamental Rights

Steve Peers,Tamara Hervey,Jeff Kenner,Angela Ward
The EU Charter of Fundamental Rights Book PDF

Author : Steve Peers,Tamara Hervey,Jeff Kenner,Angela Ward
Publisher : Bloomsbury Publishing
Page : 2013 pages
File Size : 51,8 Mb
Release : 2021-11-18
Category : Law
ISBN : 9781509933501

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The EU Charter of Fundamental Rights by Steve Peers,Tamara Hervey,Jeff Kenner,Angela Ward Pdf

“..this most thorough commentary must be regarded as the Bible on the Charter” Peter Oliver, Common Market Law Review This second edition of the first commentary of the EU Charter of Fundamental Rights in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. This is a much-welcomed new edition of the authoritative guide to the Charter.

Strengthening the Validity of International Criminal Tribunals

Joanna Nicholson
Strengthening the Validity of International Criminal Tribunals Book PDF

Author : Joanna Nicholson
Publisher : BRILL
Page : 383 pages
File Size : 55,5 Mb
Release : 2018-05-03
Category : Law
ISBN : 9789004343771

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Strengthening the Validity of International Criminal Tribunals by Joanna Nicholson Pdf

Strengthening the Validity of International Criminal Tribunals provides multi-disciplinary perspectives concerning ways in which international criminal tribunals can be made more valid and effective in a time of uncertainty for the field of international criminal justice.