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Criminal Law and Human Rights
The essays selected for this volume discuss the meaning and rationale of fundamental individual rights to substantive criminal law, criminal procedure law and sentencing law. The essays have been chosen for their high quality, timeless approach and general attention to issues that are of universal interest and thus not too closely related to the technicalities of a specific criminal justice system, and offer a general overview as well as an in-depth examination of criminal law and human rights.
International and Regional Human Rights Documents
This extensive work contains no fewer than around one hundred and fifty instruments, either on human rights or relevant to human rights protection. The volume offers a practical and extensive compilation of important human rights documents, suitable for students, academics, legal practitioners, governmental and non-governmental organizations and anyone else interested in human rights.
International Law & Cannabis II
See also volume I, Regulation of Cannabis Cultivation for Recreational Use under the UN Narcotic Drugs Conventions and the EU Legal Instruments in Anti-Drugs Policy, here. Both volumes can also be purchased as a set here. What legal avenues do states have to regulate cannabis cultivations and trade for recreational use? This question has generated heated discussions in various societies, in political and academic discourses. Several states are considering adjusting or have adjusted their legal and policy approaches towards a more lenient regulation of cannabis cultivation and trade for the recreational user market. Seen from the perspective of relevant United Nations narcotic drugs conventio...
The Criminal Justice System of the Netherlands
The criminal justice system of the Netherlands offers an introduction to our fascinating legal system from a criminal law angle. It is recommended to students taking an introductory course on Dutch criminal law or on comparative criminal law and is also an excellent starting point for foreign researchers who wish to explore the Dutch criminal law system.
Death in State Custody
What is expected of State authorities with regard to the obligation to safeguard the life of detainees? What obligations do State authorities have in relation to the investigation into deaths that occur during deprivation of liberty by the State? This book addresses these questions regarding death in State custody in view of the European Convention on Human Rights, in particular the right to life, the prohibition of torture and the right to respect for private life (including the right to self-determination). It also provides an analysis of whether the Dutch legal framework contains safeguards to meet the requirements that follow from the European Convention on Human Rights. Matters that are...
Legality and Other Requirements for Sentencing / Légalité Et Autres Exigences En Matière de Condamnation
All over the world, governments impose punishments on their citizens for transgressions of the criminal law. Consensus exists that this sanctioning should be in accordance with the principle of legality and the rule of law. However, governments around the world struggle with providing foreseeability and non-arbitrariness in their sentencing systems. This continuous struggle raises the question how - and to what extent - foreseeability and non-arbitrariness must be guaranteed. Not only in relation to the type of sentence imposed (quality), but also to its length (quantity) and the circumstances under which the sentence is executed. Worldwide, a variety of sentencing principles (e.g., proporti...
International Law and Cannabis I
See also volume II, Regulation of Cannabis Cultivation and Trade for Recreational Use: Positive Human Rights Obligations versus UN Narcotic Drugs Conventions, here. Both volumes can also be purchased as a set here. What legal avenues do states have to regulate cannabis cultivations and trade for recreational use? This question has generated heated discussions in various societies, in political and academic discourses. Several states are considering adjusting or have adjusted their legal and policy approaches towards a more lenient regulation of cannabis cultivation and trade for the recreational user market. This book addresses the legal question to what extent domestic initiatives involving...
The Duty to Investigate in Situations of Armed Conflict
This book explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations. On the basis of general international law, it also develops and applies a novel and more broadly applicable step-by-step methodology for resolving issues of interplay between both legal regimes. In doing so, this study clarifies the scope of application and contents of investigative obligations under both legal regimes, as well as for situations to which both apply. The book finds that the oft-heard narrative that to require States to conduct human rights investigations during armed conflict would be wholly unrealistic in light of the realities of hostilities is unfounded and in need of revision.
Practical Global Criminal Procedure
Practical Global Criminal Procedure contextualizes criminal procedural law by analyzing police investigation in a homicide case under the law of the United States, Argentina, and the Netherlands. The book discusses the fictional case of Nico Jansen, an 18-year-old high school student who, after a series of events, is charged with murder. The initial police investigation of Nico and his co-defendant becomes the vehicle for an in-depth examination of seizures, searches, interrogations, identifications, and remedies for procedural violations under the law of each country. This book is designed as a student reader, and it can be used to provide a comparative experience to students in a basic cri...
