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Legality Matters
This book examines the way international criminal courts and tribunals have interpreted the crimes against humanity proscription of other inhumane acts. This clause is consistently used in spite of the long list of more specific offences forbidden as crimes against humanity. The volume proposes that the current approach is based on a misunderstanding of the nature of the clause. Properly understood, the clause is an invitation to courts to create and apply retroactive criminal laws. This leads to a problem. A prohibition on the use of retroactive criminal laws, one which admits no exceptions, is deeply embedded in international law. The author argues that it is time to revisit the assumption...
Justice in Extreme Cases
The book shows how moral theory can challenge and improve international criminal law and how extreme cases can challenge and improve mainstream theory.
After Dictatorship
Numerous studies concerning transitional justice exist. However, comparatively speaking, the effects actually achieved by measures for coming to terms with dictatorships have seldom been investigated. There is an even greater lack of transnational analyses. This volume contributes to closing this gap in research. To this end, it analyses processes of coming to terms with the past in seven countries with different experiences of violence and dictatorship. Experts have drawn up detailed studies on transitional justice in Albania, Argentina, Ethiopia, Chile, Rwanda, South Africa and Uruguay. Their analyses constitute the empirical material for a comparative study of the impact of measures intro...
International and Transnational Criminal Law
International criminal law has focused on the prosecution of truly internationalcrimes -- genocide, crimes against humanity, war crimes, and aggression. Our post-Cold War, post-9/11 world has also seen the growth of transnational crimes of international concern, such as terrorism, money laundering, organized crime, and human and narcotics trafficking, as well as transnational crimes of domestic concern, which are simply ordinary domestic crimes that involve the jurisdiction of more than one state. This book surveys these two related but increasingly distinct fields with a focus on Canada, bringing together in one accessible text topics that are of increasing importance in a world of globalized crime. The second edition updates caselaw from Canada as well as international courts and tribunals, transnational criminal law treaties, and recent literature, and adds a new chapter on extended liability, defences, and child soldiers. It reviews the new definition of the crime of aggression and some of Canada's new criminal cooperation ventures.
Current Law Index
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Feminist Human Rights
Kristen Hessler argues that philosophy can best contribute to understanding human rights by exploring the full range of their use in practice. Her approach emphasizes how human rights activism and adjudication can both reveal and dismantle unjust social hierarchies. The result is an innovative vision of interdisciplinary human rights scholarship.
International & Transnational Criminal Law
However, as it is part of the "Essentials of Canadian Law" series, a major goal of the book is to explore fully the nexus between these bodies of international law and Canadian domestic law--and help Canadian courts and lawyers engage successfully with the international aspects of the cases they work on. Accordingly, the book contains: a stand-alone chapter on the prosecution of international crimes before Canadian courts; a detailed examination of how the various transnational crime treaties are implemented in Canadian law; and a full chapter on Canadian extradition and mutual legal assistance law and practice.
Transnational and Cross-Border Criminal Law
The time of globalization has seen an onslaught of criminal activity that crosses borders. The legal suppression and prosecution of transnational and cross-border crime raise unique and complex legal issues, and law enforcement, lawyers, and judges have struggled to keep up. Transnational & Cross-Border Criminal Law: Canadian Perspectivesfills a pronounced gap in Canadian legal literature. Written by subject matter experts, each chapter exposes and analyzes a current and pressing issue in this realm and is designed both to serve as a resource for researchers and to provide cutting-edge insight on front-burner issues. The group of authors -- made up of prosecutors, defence lawyers, government counsel, academics, and civil society advocates -- take on a variety of subjects, including terrorism, financial crime and corruption, jurisdiction, extradition, money laundering, trafficking, maritime enforcement, cross-border evidence-gathering, and the international transfer of prisoners. This unique collection will help to advance general understanding of one of the most pressing public policy issues of our time.
Hierarchy in International Law: The Place of Human Rights
This book takes an inductive approach to the question of whether there is a hierarchy in international law, with human rights obligations trumping other duties. It assesses the extent to which such a hierarchy can be said to exist through an analysis of the case law of national courts. Each chapter of the book examines domestic case law on an issue where human rights obligations conflict with another international law requirement, to see whether national courts gave precedence to human rights. If this is shown to be the case, it would lend support to the argument that the international legal order is moving toward a vertical legal system, with human rights at its apex. In resolving conflicts...
Justice as Message
International criminal justice relies on messages, speech acts, and performative practices in order to convey social meaning. Major criminal proceedings, such as Nuremberg, Tokyo, and other post-World War II trials have been branded as 'spectacles of didactic legality'. However, the expressive and communicative functions of law are often side-lined in institutional discourse and legal practice. This innovative work brings these functions centre-stage, developing the idea of justice as message and outlining the expressivist foundations of international criminal justice in a systematic way. Professor Carsten Stahn examines the origins of the expressivist theory in the sociology of law and the ...
