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Incitement in International Law
  • Language: en
  • Pages: 312

Incitement in International Law

  • Categories: Law
  • Type: Book
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  • Published: 2014-08-13
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  • Publisher: Routledge

This book offers a comprehensive study of incitement in its various forms in international law. It discusses the status of incitement to hatred in human rights law and examines its harms and dangers as well as the impact of a prohibition on freedom of speech. The book additionally presents a detailed definition of punishable incitement. In this context, Wibke K. Timmermann argues that incitement should be recognized as the crime of persecution, where it is utilized within a system of persecutory measures by the State or a similarly powerful organization. The book draws on the Nahimana case before the International Criminal Tribunal for Rwanda, as well as jurisprudence from German and other c...

Free Speech in the Balance
  • Language: en
  • Pages: 255

Free Speech in the Balance

  • Categories: Law

A comprehensive study of proportional analysis in free speech theory, this book challenges US Supreme Court's categorical approach and helps readers understand the breadth of concerns arising from regulations impacting expression.

The International Criminal Court in Search of its Purpose and Identity
  • Language: en
  • Pages: 306

The International Criminal Court in Search of its Purpose and Identity

  • Categories: Law
  • Type: Book
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  • Published: 2014-11-27
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  • Publisher: Routledge

The International Criminal Court (ICC) is the first permanent international criminal tribunal, which has jurisdiction over the most serious crimes of concern to the international community as a whole: genocide, crimes against humanity, war crimes, and crime of aggression. This book critically analyses the law and practice of the ICC and its contribution to the development of international criminal law and policy. The book focuses on the key procedural and substantive challenges faced by the ICC since its establishment. The critical analysis of the normative framework aims to elaborate ways in which the Court may resolve difficulties, which prevent it from reaching its declared objectives in ...

Fragmentation vs the Constitutionalisation of International Law
  • Language: en
  • Pages: 319

Fragmentation vs the Constitutionalisation of International Law

  • Categories: Law
  • Type: Book
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  • Published: 2016-07-01
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  • Publisher: Routledge

The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.

The International Criminal Court and Global Social Control
  • Language: en
  • Pages: 192

The International Criminal Court and Global Social Control

  • Categories: Law
  • Type: Book
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  • Published: 2015-12-14
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  • Publisher: Routledge

The International Criminal Court was established in 2002 to prosecute war crimes, crimes against humanity, and genocide. At its genesis the ICC was expected to help prevent atrocities from arising or escalating by ending the impunity of leaders and administering punishment for the commission of international crimes. More than a decade later, the ICC’s ability to achieve these broad aims has been questioned, as the ICC has reached only two guilty verdicts. In addition, some of the world’s major powers, including the United States, Russia and China, are not members of the ICC. These issues underscore a gap between the ideals of prevention and deterrence and the reality of the ICC’s funct...

The Right to Protection from Incitement to Hatred
  • Language: en
  • Pages: 231

The Right to Protection from Incitement to Hatred

  • Categories: Law

Provides an explanatory framework for the challenges facing the development of the international norm prohibiting hate speech.

Reciprocity in International Law
  • Language: en
  • Pages: 194

Reciprocity in International Law

  • Categories: Law
  • Type: Book
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  • Published: 2015-12-22
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  • Publisher: Routledge

In international relations, reciprocity describes an environment in which States support one another for short- or long-term advantage through the balancing of rights, duties and interests. This book examines reciprocity in the context of international law. It considers the role reciprocity plays in the creation and development of international law as well as in the interpretation and application of international law. The book illuminates the reciprocal framework of international law and international relations by examining the role reciprocity plays in different types of States’ obligations, including bilateral, bilateralisable multilateral, non-bilateralisable multilateral and obligations erga omnes. The book examines how reciprocity is intertwined with the principle of equality, as the rights and obligations of States are equal irrespective of size and economic or military strength, and the beneficial effects of reciprocity in creating stability and cooperation amongst States.

Hate Speech Frontiers
  • Language: en
  • Pages: 609

Hate Speech Frontiers

  • Categories: Law

A deep-dive into the theoretical and practical distinctions between the common understanding of hate speech and its legal definitions.

Art and Human Rights
  • Language: en
  • Pages: 389

Art and Human Rights

  • Categories: Law

This timely book builds bridges between the notions of art and aesthetics, human rights, universality, and dignity. It explores a world in which art and justice enter a discussion to answer questions such as: can art translate the human experience? How does humanity link individuality and community building? How do human beings define and look for their identity? The fields of human rights and art are brought together in order to open the discussion and contribute to the promotion and protection of human rights.

Nuclear Weapons and International Law
  • Language: en
  • Pages: 1135

Nuclear Weapons and International Law

  • Categories: Law

This two-volume book provides a comprehensive analysis of the lawfulness of the use of nuclear weapons, based on existing international law, established facts as to nuclear weapons and their effects, and nuclear weapons policies and plans of the United States. Based on detailed analysis of the facts and law, Professor Moxley shows that the United States’ arguments that uses of nuclear weapons, including low-yield nuclear weapons, could be lawful do not withstand analysis. Moxley opens by examining established rules of international law governing the use of nuclear weapons, first analyzing this body of law based on the United States’ own statements of the matter and then extending the ana...