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Surrendering to International Criminal Courts: Contemporary Practice and Procedures
This innovative book provides an incisive, knowledgeable and comprehensive study of the promises and limitations of the emerging phenomenon of surrender of individuals to international criminal courts, such as the International Criminal Court of the Former Yugoslavia (ICTY), the International Criminal Court of Rwanda (ICTR), and the International Criminal Court (ICC). It is the first study on this area. The author analyses the distinctions and similarities with international extradition norms and persuasively establishes the international legal confinements of the surrender concept and the role of states and NATO-forces within this concept. In developing an international uniform framework for the surrender of individuals to international criminal courts, the author meticulously examines the Statutes of the ICTY, ICTR and ICC as well as their case law on this subject in conjunction with that of the European Court of Human Rights. Published under the Transnational Publishers imprint.
International Criminal Justice
Summary: "Written by seasoned scholars and practitioners, this collection of essays provides a most comprehensive analysis of the institutional dynamics and political underpinnings of international criminal justice. They explore and provide critical comment on the main institutional difficulties experienced by International Tribunals."--Publisher description.
Defenses in Contemporary International Criminal Law
The Second Edition of "Defenses in Contemporary International Criminal Law" ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court, while examining the first judgment in this field rendered by the Special Court for Sierra Leone, on June 20, 2007. The conceptual reach of this work includes not only the defenses recognized in the field's jurisprudence and scholarship (superior orders, duress, self-defense, insanity, necessity, mistake of law and fact, immunity of States), but also presents a strong case for the incorporation of genetic and neurobiological data into the functioning of certain defenses. Procedural mechanisms to invoke these defenses are also addressed.
Countering Terrorism in Britain and France
Though Britain and France have faced a similar threat from Islamist terrorism in the years following September 11 2001, they have often responded in different ways to the challenges it posed. This groundbreaking work offers the first in-depth comparative analysis of counterterrorist policies and operations in these two leading liberal democracies. Challenging the widely held view that the nature of a state's counterterrorist policies depends on the threat it is facing, Foley suggests that such an argument fails to explain why France has mounted more invasive police and intelligence operations against Islamist terrorism than Britain and created a more draconian anti-terrorist legal regime. Drawing on institutional and constructivist theories, he develops a novel theoretical framework that puts counterterrorism in its organisational, institutional and broader societal context. With particular appeal to students and specialists of International Relations and Security Studies, this book will engage readers in the central debates surrounding anti-terrorist policy.
The American Influence on International Commercial Arbitration
Addresses the US common law and its doctrinal contribution to transparency, arbitrator immunity and evidence gathering in international commercial arbitration.
Defences in Contemporary International Criminal Law
In an area of law so thoroughly politicized, culturally freighted and passionately punitive, there is need for an extraordinary measure of protection for the accused if we are to pay more than lip service to justice. Defenses in Contemporary International Criminal Law ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court. Dr. Knoops' conceptual reach not only includes the defenses recognized in the field's jurisprudence and scholarship (superior orders, duress, self-defense, insanity, necessity, immunity of States) but also presents a strong case for the incorporation of genetic and neurobiological data into the working assets of the international criminal defense attorney. Published under the Transnational Publishers imprint.
Yearbook of International Humanitarian Law - 2002
The world’s only annual publication devoted to the study of the laws of armed conflict, the Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this highly-topical branch of international law. The Yearbook also includes a selection of documents from the reporting period, many of which are not accessible elsewhere and a comprehensive bibliography of all recent publications in humanitarian law and other relevant fields. Ease of use of the Yearbook is guaranteed by the inclusion of a detailed index. Distinguished by its topicality and contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.
Czech Yearbook of International Law - Second Decade Ahead: Tracing the Global Crisis - 2010
Czech Yearbook of International Law is a compilation of articles written by professionals who offer unique insight into special issues regulated in the European legal culture. CYIL promotes development of international law and of new analytical approaches that will increase understanding of this branch of law and its goals in the current global era. The focal points of interest in Czech Yearbook of International Law are actual issues involving international treaties in the context of EU law, international contractual relations, the protection of human rights in the international context, aspects of criminal law as well as international arbitration. The goal of this book is to further advance and develop the international law analyses particularly from the countries of central and eastern Europe.
Tamed Power
Revolutionary changes in global and European politics have reawakened old fears that Europe will be dominated by an unpredictable German giant. The same changes have fueled new hopes for Germany and Europe as models of political pluralism in a peaceful and prosperous world. In fact, Peter J. Katzenstein explains, the current reality is too complex to fit either expectation. Katzenstein contends that a multilateral institutionalization of power is the most distinctive aspect of the relationship between Europe and Germany. Only the observer who is aware of this important fact can understand why Germany is willing to give up its new sovereign power. Although Germany is larger than any other member of the European Union and plays a crucial role in the economic and political life of Eastern Europe, its power is now funneled through the institutions of the European Union rather than erupting in a narrow, power-defined sense of national self-interest. The empirical chapters of this book explore the institutionalization of power relations between the European Union and Germany, as well as the relations of Germany and the European Union with most of the smaller European states.
Policing Cooperation Across Borders
This book provides new insights into police cooperation from a comparative socio-legal perspective. It presents a broad analysis of comparable police cooperation strategies in two systems: the EU and Australia. The evolution of regulatory trends and cooperation models is analysed for both systems and possible transferable strategies identified. Drawing on interviews with practitioners in the EU and Australia this book highlights a number of areas where the EU can be compared to a federal system and addresses the advantages and disadvantages of being a Union or a federation of states with a view to police cooperation practice. Particular topics addressed are the evolution of legal frameworks regulating police cooperation, informal cooperation strategies, Joint Investigation Teams, Europol and regional cooperation. These instruments foster police cooperation, but could be improved with a view to cooperation practice by learning from regulatory techniques and practitioner experiences of the respective other system.
