The Principle Of Legality In International And Comparative Criminal Law

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The Principle of Legality in International and Comparative Criminal Law

Author : Kenneth S. Gallant
Publisher : Cambridge University Press
Page : 0 pages
File Size : 40,7 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.

The Principle of Legality in International and Comparative Criminal Law

Author : Kenneth S. Gallant
Publisher : Unknown
Page : 603 pages
File Size : 40,8 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.

Principles of International Criminal Law

Author : Gerhard Werle,Florian Jessberger
Publisher : Oxford University Press
Page : 711 pages
File Size : 53,6 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.

Strengthening the Validity of International Criminal Tribunals

Author : Joanna Nicholson
Publisher : BRILL
Page : 383 pages
File Size : 41,9 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.

The Law and Practice of the International Criminal Court

Author : Carsten Stahn
Publisher : Oxford University Press, USA
Page : 1441 pages
File Size : 40,7 Mb
Release : 2015
Category : Law
ISBN : 9780198705161

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The Law and Practice of the International Criminal Court by Carsten Stahn Pdf

The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.

Complicity in International Criminal Law

Author : Marina Aksenova
Publisher : Bloomsbury Publishing
Page : 297 pages
File Size : 48,6 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!

The Principle of Legality in European Criminal Law

Author : Christina Peristeridou
Publisher : Unknown
Page : 0 pages
File Size : 42,9 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.

Principles of Islamic International Criminal Law

Author : Farhad Malekian
Publisher : BRILL
Page : 477 pages
File Size : 50,7 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.

From the Judge's Arbitrium to the Legality Principle

Author : Georges Martyn,Anthony Musson,Heikki Pihlajamäki
Publisher : Unknown
Page : 406 pages
File Size : 49,8 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

State Sovereignty and International Criminal Law

Author : Morten Bergsmo,LING Yan
Publisher : Torkel Opsahl Academic EPublisher
Page : 300 pages
File Size : 54,7 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.

A Modern Treatise on the Principle of Legality in Criminal Law

Author : Gabriel Hallevy
Publisher : Springer Science & Business Media
Page : 199 pages
File Size : 43,9 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.

The Concept of Universal Crimes in International Law

Author : Terje Einarsen
Publisher : Torkel Opsahl Academic EPublisher
Page : 361 pages
File Size : 53,5 Mb
Release : 2012-08-15
Category : Law
ISBN : 9788293081333

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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.

International Criminal Jurisdiction

Author : Kenneth S. Gallant
Publisher : Oxford University Press
Page : 809 pages
File Size : 46,5 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"--

Criminal Law

Author : Markus Dubber,Tatjana Hörnle
Publisher : Oxford University Press
Page : 710 pages
File Size : 47,8 Mb
Release : 2014-03
Category : Law
ISBN : 9780199589609

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Criminal Law by Markus Dubber,Tatjana Hörnle Pdf

"A systematic and comprehensive comparative analysis, of criminal law, focused on two major jurisdictions: the United States and Germany."--Jacket.