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Piracy and the Origins of Universal Jurisdiction by Mark Chadwick Pdf
In Piracy and the Origins of Universal Jurisdiction, Mark Chadwick relates a colourful account of how and why piracy on the high seas came to be considered an international crime subject to the principle of universal jurisdiction, prosecutable by any State in any circumstances.
The Slave Trade and the Origins of International Human Rights Law by Jenny S. Martinez Pdf
There is a broad consensus among scholars that the idea of human rights was a product of the Enlightenment but that a self-conscious and broad-based human rights movement focused on international law only began after World War II. In this book, the nineteenth century's absence is conspicuous - few have considered that era seriously, much less written books on it. But as this author shows, the foundation of the movement that we know today was a product of one of the nineteenth century's central moral causes: the movement to ban the international slave trade.
CONTENTS: Foreword Preface The Origins The Evolution of the Concept of Piracy in England The United States of America and the Law of Piracy British Practice in the Nineteenth Century "Piracy" in the Twentieth Century Appendices Abbreviations Bibliography Index Index of Cases Professor Alfred P. Rubin of the Fletcher School of Law and Diplomacy of Tufts University, the author of this volume, has contributed a work of exceptional scholarship that will long be regarded as an authoritative reference material not only with respect to the law of piracy, but to the whole of international law. Professor Rubin's work is considered to be informative, comprehensive, and provocative. Ronald J. Kurth Rear Admiral, U.S. Navy President, Naval War College
The Concept of Universal Crimes in International Law by Terje Einarsen Pdf
This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.
UN Security Council Referrals to the International Criminal Court by Alexandre Skander Galand Pdf
Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.
Universal Jurisdiction under International Criminal Law. A Critical Analysis by P. R. Ramdhass Pdf
Document from the year 2018 in the subject Law - Miscellaneous, , language: English, abstract: The concept of universal jurisdiction evolved out of protecting international commerce, but now it has become a necessity for protecting human values in modern times. Even though the concept is good, its misuse threatens peaceful international relations. The study propose to discuss the legal status of the concept of universal jurisdiction under international law and its conflict with other legal principles like State sovereignty, sovereign immunity and non-intervention. It will also highlight how jus cogens norms and obligatio erga omnes strengthen the concept of universal jurisdiction. Further, the study will discuss the related concepts, such as ‘responsibility to protect’ and ‘extradite or prosecute’. However, scope of the study will be limited to the problems of universal jurisdiction under international criminal law; and it will not address the issues of active, passive and territorial jurisdictions except to the extent necessary.
State Sovereignty and International Criminal Law by Morten Bergsmo,LING Yan Pdf
'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.
Universal Civil Jurisdiction by Serena Forlati,Pietro Franzina Pdf
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.
Piracy and Maritime Crime: Historical and Modern Case Studies by Bruce A. Ellerman,Andrew Forbes,David Rosenberg Pdf
Piracy is a basic and fundamental concern for all navies. From almost the beginning of state-sponsored navies, piracy suppression has been one of their major responsibilities -- when Julius Caesar was captured by pirates in 76 BCE, the first thing he did after paying the pirates' ransom and being released was to fit "out a squadron of ships to take his revenge." Despite piracy's importance and the continued frequency of piratical attacks, however, relatively few scholarly works have been written analyzing cases of modern piracy and piracy suppression in terms of varying strategic, policy, and operational decisions. This edited collection of case studies attempts to fill this gap. There have been a number of important historical studies that have dealt with the subjects of piracy and piracy suppression. Books written from the point of view of those wishing to end piracy have tended to focus on legal issues, including the rights of victims, the procedures and decisions of Admiralty courts in punishing pirates, and the capture of piracy ships as prizes. Others have looked at the existence of piracy in terms of one particular place or time period, with the Barbary Coast and the Caribbean Sea claiming disproportionate shares of attention. Pirates are often romanticized; Forbes magazine has recently listed history's top-earning pirates, including Samuel "Black Sam" Bellamy at US$120 million (2008 dollars), Sir Francis Drake at US$115 million, and Thomas Tew at US$103 million. More famous pirates, like Edward Teach (Blackbeard), came in far down the list, at tenth place, with only US$12.5 million.
Charles C. Jalloh,Kamari M. Clarke,Vincent O. Nmehielle
Author : Charles C. Jalloh,Kamari M. Clarke,Vincent O. Nmehielle Publisher : Cambridge University Press Page : 1199 pages File Size : 42,7 Mb Release : 2019-05-16 Category : History ISBN : 9781108422734
The African Court of Justice and Human and Peoples' Rights in Context by Charles C. Jalloh,Kamari M. Clarke,Vincent O. Nmehielle Pdf
This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.
This comparative study of piracy and maritime violence provides a fresh understanding of European overseas expansion and colonisation in Asia. This title is also available as Open Access on Cambridge Core.
The philosophical genealogy of a remarkable antagonist: the pirate, the key to the contemporary paradigm of the universal foe. The pirate is the original enemy of humankind. As Cicero famously remarked, there are certain enemies with whom one may negotiate and with whom, circumstances permitting, one may establish a truce. But there is also an enemy with whom treaties are in vain and war remains incessant. This is the pirate, considered by ancient jurists considered to be "the enemy of all." In this book, Daniel Heller-Roazen reconstructs the shifting place of the pirate in legal and political thought from the ancient to the medieval, modern, and contemporary periods presenting the philosophical genealogy of a remarkable antagonist. Today, Heller-Roazen argues, the pirate furnishes the key to the contemporary paradigm of the universal foe. This is a legal and political person of exception, neither criminal nor enemy, who inhabits an extra-territorial region. Against such a foe, states may wage extraordinary battles, policing politics and justifying military measures in the name of welfare and security. Heller-Roazen defines the piracy in the conjunction of four conditions: a region beyond territorial jurisdiction; agents who may not be identified with an established state; the collapse of the distinction between criminal and political categories; and the transformation of the concept of war. The paradigm of piracy remains in force today. Whenever we hear of regions outside the rule of law in which acts of "indiscriminate aggression" have been committed "against humanity," we must begin to recognize that these are acts of piracy. Often considered part of the distant past, the enemy of all is closer to us today than we may think. Indeed, he may never have been closer.
