The Principle Of Legality In International And Comparative Criminal Law

Author : Kenneth S. Gallant
Publisher : Cambridge University Press
Page : 128 pages
File Size : 47,6 Mb
Release : 2008-11-17
Category : Political Science
ISBN : 9781139474726

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The Principle of Legality in International and Comparative Criminal Law by Kenneth S. Gallant Pdf

This book fills a major gap in the scholarly literature concerning international criminal law, comparative criminal law, and human rights law. The principle of legality (non-retroactivity of crimes and punishments and related doctrines) is fundamental to criminal law and human rights law. Yet this was the first book-length study of the status of legality in international law - in international criminal law, international human rights law, and international humanitarian law. This was also the first book to survey legality/non-retroactivity in all national constitutions, developing the patterns of implementation of legality in the various legal systems such as Common Law, Civil Law, Islamic Law, and Asian Law around the world. This is a necessary book for any scholar, practitioner, and library in the area of international, criminal, comparative, human rights, or international humanitarian law.

Author : Kenneth S. Gallant
Publisher : Unknown
Page : 603 pages
File Size : 43,7 Mb
Release : 2011
Category : Criminal jurisdiction
ISBN : OCLC:958701598

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The Principle of Legality in International and Comparative Criminal Law by Kenneth S. Gallant Pdf

Author : Kenneth S. Gallant
Publisher : Unknown
Page : 603 pages
File Size : 50,5 Mb
Release : 2009
Category : Criminal jurisdiction
ISBN : 0511475942

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The Principle of Legality in International and Comparative Criminal Law by Kenneth S. Gallant Pdf

This 2009 text was the first modern book-length study of the status of legality in international criminal law, international human rights law, and comparative law.

Author : Kenneth S. Gallant
Publisher : Cambridge University Press
Page : 0 pages
File Size : 51,6 Mb
Release : 2010-12-23
Category : Political Science
ISBN : 0521187605

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The Principle of Legality in International and Comparative Criminal Law by Kenneth S. Gallant Pdf

This book fills a major gap in the scholarly literature concerning international criminal law, comparative criminal law, and human rights law. The principle of legality (non-retroactivity of crimes and punishments and related doctrines) is fundamental to criminal law and human rights law. Yet this is the first book-length study of the status of legality in international law - in international criminal law, international human rights law, and international humanitarian law. This is also the first book to survey legality/non-retroactivity in all national constitutions, developing the patterns of implementation of legality in the various legal systems (e.g., Common Law, Civil Law, Islamic Law, Asian Law) around the world. This is a necessary book for any scholar, practitioner, and library in the area of international, criminal, comparative, human rights, or international humanitarian law.

Author : Gabriel Hallevy
Publisher : Springer Science & Business Media
Page : 199 pages
File Size : 51,7 Mb
Release : 2010-09-09
Category : Law
ISBN : 9783642137143

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A Modern Treatise on the Principle of Legality in Criminal Law by Gabriel Hallevy Pdf

This book is a scientific treatise on the principle of legality in criminal law. It explores the relation between the principle of legality and the general theory of criminal law and contains definite rules emphasized for practitioners as well as academia.

Author : Kenneth S. Gallant
Publisher : Oxford University Press
Page : 809 pages
File Size : 50,5 Mb
Release : 2022
Category : Law
ISBN : 9780199941476

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International Criminal Jurisdiction by Kenneth S. Gallant Pdf

"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 : Gerhard Werle,Florian Jessberger
Publisher : Oxford University Press
Page : 711 pages
File Size : 42,6 Mb
Release : 2014
Category : Law
ISBN : 9780198703594

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Principles of International Criminal Law by Gerhard Werle,Florian Jessberger Pdf

Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.

Author : Christina Peristeridou
Publisher : Unknown
Page : 0 pages
File Size : 41,7 Mb
Release : 2015
Category : Criminal law
ISBN : 178068357X

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The Principle of Legality in European Criminal Law by Christina Peristeridou Pdf

This book develops a theory for the principle of legality in European criminal law. Its focus is on the legitimising and normative functions of this principle.

Author : Farhad Malekian
Publisher : BRILL
Page : 477 pages
File Size : 55,6 Mb
Release : 2011-06-22
Category : Law
ISBN : 9789004203969

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Principles of Islamic International Criminal Law by Farhad Malekian Pdf

The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.

Author : Georges Martyn,Anthony Musson,Heikki Pihlajamäki
Publisher : Unknown
Page : 406 pages
File Size : 42,8 Mb
Release : 2013
Category : Criminal law
ISBN : 3428140184

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From the Judge's Arbitrium to the Legality Principle by Georges Martyn,Anthony Musson,Heikki Pihlajamäki Pdf

Author : Joanna Nicholson
Publisher : BRILL
Page : 383 pages
File Size : 51,7 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.

Author : Morten Bergsmo,LING Yan
Publisher : Torkel Opsahl Academic EPublisher
Page : 300 pages
File Size : 45,7 Mb
Release : 2012-11-19
Category : Law
ISBN : 9788293081357

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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.

Author : Laura Pineschi
Publisher : Springer
Page : 325 pages
File Size : 43,8 Mb
Release : 2015-06-22
Category : Law
ISBN : 9783319191805

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General Principles of Law - The Role of the Judiciary by Laura Pineschi Pdf

This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin’s theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on the role of general principles in transnational judicial communication, a study on the recognition of international law from formal criteria to substantive principles, and an inquiry from the viewpoint of neo-constitutionalism. The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences. The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality. Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as further their reciprocal interactions.

Author : Mercedes Pérez Manzano,Juan Antonio Lascuraín Sánchez,Marina Mínguez Rosique
Publisher : Springer
Page : 234 pages
File Size : 52,9 Mb
Release : 2017-11-07
Category : Law
ISBN : 3319638645

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Multilevel Protection of the Principle of Legality in Criminal Law by Mercedes Pérez Manzano,Juan Antonio Lascuraín Sánchez,Marina Mínguez Rosique Pdf

This book examines the simultaneous protection of fundamental rights by various norms and jurisdictional organs, focussing on the multilevel protection of the principle of legality in Criminal Law.Written by accredited specialists in criminal law, constitutional law, international public law, and the philosophy of law, the majority of them ex-Counsels of the Spanish Constitutional Court, it addresses various manifestations of the principle of legality: the requirement of precision, the judicial subjection to law and the prohibition of bis in idem. It does so not only from a theoretical perspective, but also through a comparative study of the jurisdiction of the European Court of Human Rights, the Inter-American Court of Human Rights, the Court of Justice of the European Union and state constitutional courts. This practical approach characterizes the book, which culminates in a detailed analysis of the relevant ECtHR Judgement Del Río Prada v. Spain on the retroactivity of unfavourable jurisprudence."Multilevel protection of the principle of legality in Criminal Law" is a useful instrument of reflection for scholars of both the principle of criminal legality and the problems that arise from the concurrency of protective jurisdictions of human rights.

Author : Marina Aksenova
Publisher : Bloomsbury Publishing
Page : 297 pages
File Size : 42,6 Mb
Release : 2016-12-15
Category : Law
ISBN : 9781509900091

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Complicity in International Criminal Law by Marina Aksenova Pdf

This book tackles one of the most contentious aspects of international criminal law – the modes of liability. At the heart of the discussion is the quest for balance between the accused's individual contribution and the collective nature of mass offending. The principle of legality demands that there exists a well-defined link between the crime and the person charged with it. This is so even in the context of international offending, which often implies 'several degrees of separation' between the direct perpetrator and the person who authorises the atrocity. The challenge is to construct that link without jeopardising the interests of justice. This monograph provides the first comprehensive treatment of complicity within the discipline and beyond. Extensive analysis of the pertinent statutes and jurisprudence reveals gaps in interpreting accessorial liability. Simultaneously, the study of complicity becomes a test for the general methods and purposes of international criminal law. The book exposes problems with the sources of law and demonstrates the absence of clearly defined sentencing and policy rationales, which are crucial tools in structuring judicial discretion. Awarded The Paul Guggenheim Prize in International Law 2017!