The Diversification and Fragmentation of International Criminal Law

Author: Larissa van den Herik,Carsten Stahn

Publisher: Martinus Nijhoff Publishers

ISBN: 9004236910

Category: Law

Page: 734

View: 9859

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This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.
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Introduction to the Law of the United States

Author: David Clark,Tu?rul Ansay

Publisher: Kluwer Law International B.V.

ISBN: 9041117016

Category: Law

Page: 489

View: 3462

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Introduction to the Laws.....Series Volume 5 As issues in American law turn up with ever-greater frequency in dozens of countries worldwide, some familiarity with the legal system of the United States of America has become de rigueur for practising lawyers everywhere. This incomparable handbook, now in its Second Edition, provides an authoritative description of the major elements, including all matters likely to emerge in the course of normal legal activity. Written from a clear and cogent comparative perspective, it is of great practical value for both counselling and courtroom use. Eighteen lucid chapters by distinguished American law professors, each of whom is also knowledgeable about a legal system outside that of the United States, explain the major laws, legal standards, and legal institutions of the United States. Substantive and procedural comparisons are presented in plain English, with appropriate commentary where deemed helpful to clarify particularly complex or unsettled matters. The resulting volume is an expert historical, systematic, and critical introduction to the law of the United States.
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Pluralism in International Criminal Law

Author: Elies van Sliedregt,Sergey Vasiliev

Publisher: OUP Oxford

ISBN: 019100829X

Category: Law

Page: 410

View: 6191

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Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.
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Art of Advocacy Series: Preparation of the Case

Author: David B. Baum

Publisher: LexisNexis

ISBN: 1579112722

Category: Law

Page: 1044

View: 3447

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A planning guide that takes you from the moment the potential client steps into your office, through all aspects of case preparation, to the moment you step before the judge as an advocate. Covers in detail: • Initial client interview • Investigation of the case • Gathering evidence • Case organization • Initiating lawsuits • Preserving the attorney-client relationship • Retaining an expert • Preparation of demonstrative evidence • Final 100 days First published in 1981. 1 Volume; updated with revisions.
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Accountability for Human Rights Atrocities in International Law

Beyond the Nuremberg Legacy

Author: Steven R. Ratner,Jason S. Abrams,James L. Bischoff

Publisher: OUP Oxford

ISBN: 0191018678

Category: Political Science

Page: 536

View: 9412

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This book explores the promises and limitations of holding individuals accountable for violations of international human rights and humanitarian law. It analyses the principal crimes under international law, such as genocide, crimes against humanity, and war crimes, and appraises both prosecutorial and other key mechanisms developed to bring individuals to justice. After applying their conclusions in a detailed case study, the authors offer a series of compelling conclusions on the prospects for accountability. This fully updated new edition contains expanded coverage of national trials under universal jurisdiction, international criminal tribunals including the International Criminal Court, new hybrid tribunals in Cambodia and elsewhere, truth commissions, and lustration. It also explores individual accountability for terrorist acts and for abuses committed in the name of counter-terrorism policy.
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The Foundations of International Investment Law

Bringing Theory into Practice

Author: Zachary Douglas,Joost Pauwelyn,Jorge E. Viñuales

Publisher: OUP Oxford

ISBN: 0191508586

Category: Law

Page: 586

View: 5442

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International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.
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