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The Fundamental Concept of a Crime in International Criminal Law: A Comparative Law Analysis
Par Iryna Marchuk. 2014
This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative…
law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.Internationalization of Law
Par Marcelo Dias Varella. 2014
The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its…
traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.Family-Oriented Informed Consent
Par Ruiping Fan. 2015
This volume addresses the proper character of patient informed consent to medical treatment and clinical research. The goal is critically…
to explore the current individually oriented approach to informed consent which grew out of the dominant bioethics movement that arose in the United States in the 1970s. In contrast to that individually oriented approach, this volume explores the importance of family-oriented approaches to informed consent for medical treatment and clinical research. It draws on both East Asian moral resources as well as a critical response to the ways in which the practice of informed consent has developed in the United StatesEconomic Sanctions under International Law
Par Ali Z. Marossi, Marisa R. Bassett. 2015
Since the Second World War, States have increasingly relied upon economic sanctions programs, in lieu of military action, to exert…
pressure and generally to fill the awkward gap between verbal denunciation and action. Whether or not sanctions are effective remains a point of contention among policymakers. Frequently asked questions include whether any legal order constrains the use of sanctions, and, if so, what the limits on the use of sanctions are. This volume gathers contributions from leading experts in various relevant fields providing a seminal study on the limits of economic sanctions under international law, including accountability mechanisms when sanctioning States go too far. Where there are gaps in the law, the authors provide novel and important contributions as to how existing legal structures can be used to ensure that economic sanctions remain within an accepted legal order. This book is a most valuable contribution to the literature in the fields of international economic law, public international law and international dispute resolution. Ali Z. Marossi is an advisory board member of The Hague Center for Law and Arbitration. Marisa R. Bassett is Associate Legal Officer in the Office of the Prosecutor for the ICTY and former Associate at White & Case LLP.Sub-State Governance through Territorial Autonomy
Par Markku Suksi. 2010
This study focuses on territorial autonomy, which is often used in different conflict-resolution and minority situations. Four typical elements are…
identified on the basis of the historical example of the Memel Territory and the so-called Memel case of the PCIJ; distribution of powers, participation through elections and referendums, executive power of territorial autonomy, and international relations. These elements are used for a comparative analysis of the constitutional law that regulates the position of six currently existing special jurisdictions, the Åland Islands in Finalnd, Scotland in the United Kingdom, Puerto Rico in the United States of America, Hong Kong in China, Aceh in Indonesia and Zanzibar in Tanzania. The current sub-state entities examined can be arranged in relation to Memel in a manner that indicates that Hong Kong and the Åland conform to the typical territorial autonomy, while Puerto Rico and Aceh should probably not be understood as territorial autonomies proper. At the same time, the territorial autonomies can be distinguished from federally organized sub-state entities.The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain, Volume 1
Par Alberto López Basaguren, Leire Escajedo San Epifanio. 2012
Territorial autonomy in Spain has reached a crossroads. After over thirty years of development, the consensus regarding its appropriateness has…
started to crumble. The transformation project embodied by the reform of Statute of Catalonia (2006) has failed to achieve its most significant demands. Although the concept of Spain as a Federation is disputed -more within the country than beyond-, the evolution of the Spanish system needs to follow a markedly federalist path. In this perspective, reference models assume critical importance. This edition gathers the works of a broad group of European, American and Spanish experts who analyse the present-day challenges of their respective systems. The objective, thus, is to contribute ideas which might help to address the evolution of the Spanish system in the light of the experience of more established Federations. This first volume analyses the challenges facing federal systems in the age of globalisation from a global perspective. It also addresses current questions and the challenges faced today by, in the sphere of the internal division of powers, the most significant ‘western’ federal systems, on the one hand, and the Spanish system of territorial autonomy, on the other.The Arts of Transitional Justice
Par Olivera Simić, Peter D. Rush. 2014
The Art of Transitional Justice examines the relationship between transitional justice and the practices of art associatedwith it. Art, which includes…
theater, literature, photography, and film, hasbeen integral to the understanding of the issues faced in situations oftransitional justice as well as other issues arising out ofconflict and mass atrocity. The chapters in this volume take up this understandingand its demands of transitional justice in situations in several countries:Afghanistan, Serbia, Srebenica, Rwanda, Northern Ireland, Cambodia, as well asthe experiences of resulting diasporic communities. In doing so, it brings tobear the insights from scholars, civil society groups, and art practitioners,as well as interdisciplinary collaborations.Systems Thinkers
Par Karen Shipp, Magnus Ramage. 2009
This book presents a biographical history of the field of systems thinking, by examining the life and work of thirty…
of its major thinkers. It discusses each thinker's key contributions, the way this contribution was expressed in practice and the relationship between their life and ideas. This discussion is supported by an extract from the thinker's own writing, to give a flavour of their work and to give readers a sense of which thinkers are most relevant to their own interests.The Politics Of Law: A Progressive Critique, Third Edition
Par David Kairys. 1998
The Politics of Law is the most widely read critique of the nature and role of the law in American…
society. This revised edition continues the book’s concrete focus on the major subjects and fields of law. New essays on emerging fields and the latest trends and cases have been added to updated versions of the now-classic essays from earlier editions. A unique assortment of leading scholars and practitioners in law and related disciplinespolitical science, economics, sociology, criminology, history, and literatureraise basic questions about law, challenging long-held ideals like the separation of law from politics, economics, religion, and culture. They address such issues contextually and with a keen historical perspective as they explain and critique the law in a broad range of areas. This third edition contains essays on all of the subjects covered in the first year of law school while continuing the book’s tradition of accessibility to non-law-trained readers. Insightful and powerful, The Politics of Law makes sense of the debates about judicial restraint and the range of legal controversies so central to American public life and culture.Empirical Views on European Gambling Law and Addiction
Par Simon Planzer. 2014
This book analyses the voluminous and meandering case law on gambling of the Court of Justice from an empirical perspective.…
It offers a comprehensive overview of the legal situation of gambling services in the EU Single Market. Additionally, the book presents the current state of research on gambling addiction. It then seeks to answer the central research question as to what extent the views of the Court of Justice on gambling find support in empirical evidence. The Court of Justice granted exceptionally wide discretion to the Member States due to a so-called 'peculiar nature' of games of chance. With the margin of appreciation having played a key role, the book inquires whether the Court of Justice followed the principles and criteria that normally steer the use of this doctrine. Noting the Court's special approach, the book elaborates on its causes and consequences. Throughout the book, the approach of the Court of Justice is contrasted with that of its sister court, the EFTA Court. Finally, the potential role of the precautionary principle and of EU fundamental rights in the area of gambling law is examined. Situated at the intersection of law and science, this book seeks to bridge the legal and scientific perspectives and the unique vocabularies common to each. It illustrates the direct relevance of science and empirical research for court cases and policy making. And it contrasts science-informed policy making with the on-going morality discourse on gambling.When Gadgets Betray Us: The Dark Side of Our Infatuation With New Technologies
Par Robert Vamosi. 2011
Writing in plain language for general readers, Vamosi, a computer security analyst and a contributing editor at PCWorld, explains what…
we're really signing up for when we log in and reveals the secret lives of our electronic devices, offering a commonsense approach for protecting ourselves. The book is about hardware hacking and new kinds of identity fraud: how our mobile phone conversations can be intercepted, how our credit cards and driver's licenses can be copied at a distance. The author travels from the streets of New York and LA to Johannesburg and Berlin, to talk to people who have experienced firsthand how gadgets can betray us and to examine the effects of technology in the Third World. He recommends the addition of basic authentication and strong encryption to most hardware to reduce the vulnerabilities described in the book, but notes that hardware manufacturers have so far shown little interest in securing their gadgets. Annotation ©2011 Book News, Inc. , Portland, OR (booknews. com)Procedural Justice in the United Nations Framework Convention on Climate Change
Par Luke Tomlinson. 2015
This book considers what is needed for fairness in the decisions of the UNFCCC. It analyses several principles of procedural…
fairness in order to develop practical policy measures for fair decision-making in the UNFCCC. This includes measures that determine who should have a right to participate in its decisions, how these decisions should take place and what level of equality should exist between these actors. In doing so, it proposes that procedural fairness is a fundamental feature of a multilateral response to address climate change. By showing that procedural fairness is most likely to be achieved through the inclusive process of the UNFCCC, it also shows that global efforts to address climate change should continue in this forum.Crime And Punishment In American History
Par Lawrence Friedman. 1993
In a panoramic history of our criminal justice system from Colonial times to today, one of our foremost legal thinkers…
shows how America fashioned a system of crime and punishment in its own image.Private Property and the Constitution
Par Bruce Ackerman. 1977
I am deeply indebted to my research assistant, John Borgo, for an ongoing flow of criticism, as well as to…
my secretary, Diane McDougal, for typing a steady stream of second thoughts. Their work, as well as mine, was supported in part by the Law and Social Science Division of The National Science Foundation. The Foundation,however, should not be held responsible for the views expressed in this essay.I am also very grateful to my many friends at Yale and elsewhere who helped me with this book. But my debts here are so numerous and diverse as to defy a comprehensive and exact accounting.Gothic Forensics
Par Michael Arntfield. 2016
Mental Health in South Asia: Ethics, Resources, Programs and Legislation
Par Jitendra Kumar Trivedi, Adarsh Tripathi. 2015
Asia is by far the largest continent in the world in terms of area with population exceeding 3. 5 billion…
and has dozens of cultures, religions, languages and ethnic groups. As a result of its highly varied political systems, Asia also spawns a wide variety of health care systems including mental health care systems, often based on historical roots and at times colonial heritages. The people who suffer from mental or neurological disorders in the continent form a vulnerable section of society and often face stigma, discrimination and marginalization in all societies, and this increases the likelihood that their human rights will be violated This book tackles the issue of mental health legislation in South Asia The first of its kind, it addresses an issue that is necessary for protecting the rights of people with mental disorders and serves as an essential text for reinforcing mental health policy in South Asia It is a timely addition to our global understanding of mental health and how different regions address it.Divergence and Convergence of Automobile Fuel Economy Regulations
Par Masahiko Iguchi. 2015
This book reveals the mechanisms underlying the convergence of car fuel economy regulations in Europe, Japan and the US by…
drawing upon a constructivist theory of International Relations and law that focuses on business competition and environmental regulations. It offers new understanding of the topic of cars and an issue of climate change, discussing the emerging phenomenon of convergence of fuel economy regulations; addressing the role of business actors in pushing for climate change action; proposing the new model of agency with and beyond states; and providing insightful case studies from Europe, Japan and the US. The opening chapter reviews the automobile industry and global climate change, providing a background for the discussion to follow. Chapter 2, Business Actors and Global Environmental Governance, grounds the discussion in the field of environmental governance. The third chapter is a case study examining the construction and timing of the European Union's climate policies for automobile CO2 emissions, discussing the underlying factors and the actors influencing the policies. The following chapter argues that Japan adopted its stringent fuel economy regulations primarily because of industry competitiveness, motivated by stringent environmental regulations in export markets and encouraged by a tradition of 'co-regulation' and 'corporatism' to enhance the regulations. Chapter 5 asks why the US, the first country to introduce fuel economy regulations, spent two decades in regulatory stagnation, and discusses how recent US fuel economy regulations came to converge with Japanese and European standards. Chapter 6 compares, contrasts and analyzes fuel economy regulations among the three case studies and identifies policy implications for the future climate governance for 2015 and beyond. The final chapter explores applicability of the 'agency with and beyond the state' model to other sectors and to climate governance as a whole.Self-Help, Private Debt Collection and the Concomitant Risks
Par Cӑtӑlin Gabriel Stӑnescu. 2015
The book shows that self-help in commercial law is a fast, inexpensive and efficient alternative to court enforcement. Self-help remedies…
and private debt collection are largely but not exclusively features of common law jurisdictions, since remnants of private enforcement can still be found in contract law in civilian systems. The book argues that - despite their usefulness - self-help and private debt collection entail significant risks, especially for consumer debtors. This means that private enforcement needs to be accompanied by the introduction of tailor-made consumer-debtor protection regulation. Specific attention is given to factoring, which functions in many instances as a form of pseudo-private debt collection and which has been exploited to bypass sector-specific consumer protection regulations.Twenty-five new runways would eliminate most air travel delays in America; fifty patent owners are blocking a major drug company…
from creating a cancer cure; 90 percent of our broadcast spectrum sits idle while American cell phone service suffers. These problems have solutions that can jump-start innovation and help save our troubled economy. So, what’s holding us back? Michael Heller, a leading authority on property, reveals that while private ownership creates wealth, too much ownership means that everyone loses. Startling and accessible, The Gridlock Economy offers insights on how we can overcome this preventable paradox.Lawyers and Mediation
Par Bryan Clark. 2011
This book charts the historical and current interaction between lawyers and mediation in both the common law and civil law…
world and analyses a number of issues relevant to lawyers' part in the process. Lawyers have in the past and continue to play many roles in the context of mediation. While some are champions for the process, many remain on the fringes and apathetic, while others are openly sceptical or even anti-mediation in their stance. Yet others may have embraced mediation but, it is argued, for cynical, disingenuous reasons. By reviewing existing empirical evidence on lawyers' interactions with mediation and by examining historical and current trends in lawyers' dalliance with mediation, this book seeks to shed new light on a number of related issues, including: lawyers' resistance to mediation; lawyers' motives for involvement with mediation; the appropriateness of lawyers acting as mediators and party representatives; and the impact that both lawyers and the increasing institutionalisation of mediation have had on the normative form of the process, as well as the impact that mediation experience heralds for lawyers and legal systems in general.