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Author : Serena Forlati
Publisher : BRILL
Page : 219 pages
File Size : 45,29 MB
Release : 2020-10-12
Category : Law
ISBN : 9004408576
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.
Author : Justice Bankole Thompson
Publisher : Springer
Page : 153 pages
File Size : 18,23 MB
Release : 2015-03-12
Category : Law
ISBN : 9462650543
The doctrine of universal jurisdiction has evolved throughout modern times in the context of global criminal justice as a paramount agent of combating impunity emanating from international criminality. Sierra Leone, as a member of the international community and the United Nations, has, in recent times, been a pioneer in the progressive application and development of international criminal law in the African region. Despite this role, the country’s profile, both in terms of the incorporation and application of the doctrine of universal jurisdiction, is deficient in several major respects falling far short of its dual international obligation not to provide safe havens from justice for perpetrators of international crimes and to combat impunity from such criminogenic acts. Hence, a compelling reason for the author to write this book was to provide a seminal scholarly work on the subject articulating the existing state of the law in Sierra Leone and highlighting the deficiencies in the law and factors inhibiting the exercise of universal jurisdiction in this UN member state. It was also to propose necessary substantive and procedural law reforms in the state’s jurisprudence on the subject. The book is recommended reading for practitioners and scholars in international criminal law and related disciplines. Its accessibility is highly enhanced by relevant tables and summaries of each chapter. Justice Rosolu J.B. Thompson is Professor Emeritus of Criminal Justice Studies, Eastern Kentucky University, USA. He was a member of and Presiding Judge in Trial Chamber I of the Special Court for Sierra Leone.
Author : Nergis Canefe
Publisher : University of Wales Press
Page : 257 pages
File Size : 11,48 MB
Release : 2021-04-15
Category : Law
ISBN : 1786837048
This book brings together jurisprudential debates on international criminal law, international law scholarship on the limits of state sovereignty, and applied political philosophy concerning responsibility and accountability in the context of mass political crimes and state criminality. It offers a compelling view of legal reasoning concerning accountability regimes in the Global South. No other study addresses questions of ethical dimensions of mass crimes and accountability for state criminality.
Author : Dário Moura Vicente
Publisher : Martinus Nijhoff Publishers
Page : 595 pages
File Size : 14,19 MB
Release : 2016-04-08
Category : Law
ISBN : 9004298711
The recent proliferation of international courts and jurisdictions raises a number of important issues ranging from the redefinition of the role of the International Court of Justice to the recent emergence of domestic courts as international jurisdictions. Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective, containing edited articles presented at the International Law Association’s Regional Conference held in Lisbon, offers a comprehensive overview of those issues and outlines challenges ahead for every branch of international law.
Author : Stephen Macedo
Publisher :
Page : 67 pages
File Size : 35,22 MB
Release : 2001
Category : Criminal jurisdiction
ISBN : 9780971185906
Author : Julie Fraser
Publisher : Edward Elgar Publishing
Page : 456 pages
File Size : 26,63 MB
Release : 2020-10-30
Category : Law
ISBN : 1839107308
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.
Author : William Schabas
Publisher : Cambridge University Press
Page : 760 pages
File Size : 35,14 MB
Release : 2009-02-19
Category : Law
ISBN : 0521883970
Previous edition, 1st, published in 2000.
Author : Cedric Ryngaert
Publisher :
Page : 273 pages
File Size : 27,52 MB
Release : 2015
Category : Law
ISBN : 0199688516
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Author : Stephen Macedo
Publisher : University of Pennsylvania Press
Page : 398 pages
File Size : 39,23 MB
Release : 2006-02-22
Category : Law
ISBN : 9780812219500
Universal jurisdiction is becoming a potent instrument of international law, but it is poorly understood by legal experts and remains a mystery to most public officials and citizens.
Author : Mark Chadwick
Publisher : BRILL
Page : 290 pages
File Size : 21,36 MB
Release : 2019-01-03
Category : Law
ISBN : 9004390464
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.