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The Right to Silence in Transnational Criminal Proceedings
This book considers the effectiveness and fairness of using international cooperation to obtain confession evidence or evidence of a suspect or accused person’s silence across borders. This is a question of balance in limiting and protecting the right to silence. The functioning of the applicable law in Denmark, England and Wales and Australia is analysed in relation to investigative and trial measures such as police questioning, administrative questioning powers, covert surveillance and the use of silence as evidence of guilt.On the national level, this work examines the way in which domestic rules balance the right to silence in national criminal proceedings, and whether investigative an...
The United Nations Convention on the Law of the Sea
The 1982 United Nations Convention on the Law of the Sea (UNCLOS) has for four decades been considered by many to be one of the most important legislative achievements of international law. It is revered as a "constitution of the oceans", providing the legal framework for the governance of the oceans. This volume explores how the UNCLOS is functioning in various complex settings, how it adapts to new, emerging developments, as well as how it interacts with other regulation, both within the law of the sea regime and outside. Engaging in themes such as law and order at sea, UNCLOS’ interaction with human rights and the role of private actors, the book raises complex questions in the applicat...
The Right to Silence in Transnational Criminal Proceedings
This book considers the effectiveness and fairness of using international cooperation to obtain confession evidence or evidence of a suspect or accused person’s silence across borders. This is a question of balance in limiting and protecting the right to silence. The functioning of the applicable law in Denmark, England and Wales and Australia is analysed in relation to investigative and trial measures such as police questioning, administrative questioning powers, covert surveillance and the use of silence as evidence of guilt.On the national level, this work examines the way in which domestic rules balance the right to silence in national criminal proceedings, and whether investigative an...
Maritime Security Law in Hybrid Warfare
‘This is the essential book today for understanding maritime security law” -Prof. James Kraska (US Naval War College & Harvard Law School) The recrudescence of great power competition at sea raises several legal problems. Maritime Security Law in Hybrid Warfare brings together authors from various fields of international law to address such challenges in the legal intersection between naval war, military activities, maritime law enforcement, and hybrid warfare. This book explores the means for increasing legal resilience against the emerging trend of weaponization of commercial ships, underwater cables and pipelines, lawfare, and migration by hybrid adversaries.
Transnationalisation and Legal Actors
Transnational tendencies have led to a pluralistic legal environment in which emerging and established legal actors, regulatory levels and types of legal norms co-exist, compete and interact in complex ways. This challenges and changes not only how legal norms are created, applied and enforced but also when these actors, norms and processes are considered legitimate. The book investigates how states and non-state actors interact in transnational settings and pays attention to the understudied question of what effect transnational tendencies have on the legitimacy of legal actors, norms and processes. It seeks to confront three fundamental questions: Has legitimacy significantly changed? Who ...
The Internationalisation of Criminal Evidence
An examination of international attempts to develop common principles for regulating criminal evidence across different legal traditions.
The Needed Balances in EU Criminal Law
This important volume provides an up-to-date overview of the main questions currently discussed in the field of EU criminal law. It makes a stimulating addition to literature in the field, while offering its own distinctive features. It takes a four-part approach: firstly, it addresses issues of a constitutional nature, such as the EU competence in the field of criminal law, the importance of the principle of subsidiarity and the role played by the different EU institutions. Secondly, it looks at issues linked to the quest of the right balance between diversity and unity, and focuses in particular on the special relationship between approximation and mutual recognition. Thirdly, it focuses on the balance between security and freedom, or, in other words, between the shield and sword functions of EU criminal law. Special attention is given here to transatlantic cooperation, data protection, terrorism, the European Arrest Warrant and the European Investigation Order. Finally, it examines the importance of balanced relations between criminal justice actors.
Fundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice
This book explores the relationship of mutual trust and fundamental rights in the Area of Freedom, Security and Justice (AFSJ) of the European Union and asks whether there is any role for proportionality. Mutual trust among Member States has long been presumed by the Court in a manner that mutual recognition was prioritised in regard to, but to the detriment of, the protection of fundamental rights. After thoroughly reviewing this relationship, this book offers a comprehensive framework of proportionality and explores its impact on the protection of fundamental rights in a mutual trust environment. It applies a theoretical and a normative framework of proportionality to two case studies (EU criminal and asylum law) by reference to several fundamental rights, enabling a carefully constructed analysis with useful parallels. The book argues that such analysis, based on proportionality, is not always desirable and helpful for the protection of fundamental rights in this area and thoroughly explores its impact on the protection of fundamental rights vis-à-vis mutual trust.
The European Arrest Warrant in Practice
the EU Member States are equally authoritative, which leads to serious compli- tions. After all, translations are always inferior to the original texts. The conclusion by Advocate-General Kokott in the Pupino case may lead to a practical solution: just use the language/text that reflects the intention of the drafters of the Fra- work Decision most clearly, regardless of the ‘nationality’ of the case. In the case of the EAW Framework Decision the French text is more authentic than any other text: reliable information from Brussels has taught me that all language versions have been translated from the French. Moreover, the negotiations on this Fra- work Decision were mostly in French. And ...
