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Author: Harmen van der Wilt
Publisher: Edward Elgar Publishing
ISBN: 1786433990
Category :
Languages : en
Pages : 336
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Book Description
This book critically reflects on the relationship between ‘core crimes’ which make up the subject matter jurisdiction of the International Criminal Court (such as war crimes, crimes against humanity, genocide, and aggression) and transnational crimes. The contributions in the book address the features of several transnational crimes and generally acknowledge that the boundaries between core crimes and transnational crimes are blurring. One of the major questions is whether, in view of this gradual merger of the categories, the distinction in legal regime is still warranted. Should prosecution and trial of transnational crimes be transferred from national to international jurisdictions?
Author: Harmen van der Wilt
Publisher: Edward Elgar Publishing
ISBN: 1786433990
Category :
Languages : en
Pages : 336
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Book Description
This book critically reflects on the relationship between ‘core crimes’ which make up the subject matter jurisdiction of the International Criminal Court (such as war crimes, crimes against humanity, genocide, and aggression) and transnational crimes. The contributions in the book address the features of several transnational crimes and generally acknowledge that the boundaries between core crimes and transnational crimes are blurring. One of the major questions is whether, in view of this gradual merger of the categories, the distinction in legal regime is still warranted. Should prosecution and trial of transnational crimes be transferred from national to international jurisdictions?
Author: David Luban
Publisher: Aspen Publishing
ISBN: 1543847099
Category : Criminal jurisdiction
Languages : en
Pages : 1288
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Book Description
"Casebook on international and transnational criminal law"--
Author: Neil Boister
Publisher: Oxford University Press
ISBN: 0192660616
Category : Law
Languages : en
Pages : 369
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Book Description
This edited collection provides an in-depth account of the history of key developments in transnational criminal law. While the history of international criminal law is now a much written about topic, the origins of most modern transnational criminal laws are not well understood. Histories of Transnational Criminal Law provides for the first time a set of legal histories of state efforts to combat and cooperate against transnational crime. With contributions from a group of word-leading experts, this edited volume traverses a range of topics, beginning with the normative, intellectual, and institutional histories of transnational criminal law. It then moves to the histories of specific transnational crimes ranging across eras from piracy to cybercrime, and finishes by examining jurisdiction, modes of liability, different forms of procedural cooperation, and the predicament of the individual in transnational criminal law. The book highlights specific issues and how they have been resolved, in the loose assemblage of norms, institutions, and practices that constitutes transnational criminal law.
Author: Valsamis Mitsilegas
Publisher: Edward Elgar Publishing
ISBN: 1784719447
Category : Law
Languages : en
Pages : 544
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Book Description
This Research Handbook on Transnational Crime is an interdisciplinary, up-to-date guide to this growing field, written by an international cohort of leading scholars and experts. It covers all the major areas of transnational crime, providing a well-rounded, detailed discussion of each topic, and includes chapters focusing on responses to transnational crime in specific regions.
Author: Héctor Olásolo
Publisher: BRILL
ISBN: 9004341005
Category : Law
Languages : en
Pages : 251
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Book Description
Parties negotiating the end of authoritarian regimes or armed conflicts are almost inevitably left in a situation of legal uncertainty. Despite their overlapping scope of application, the differences between the approaches of International Criminal Law (ICL) and Transitional Justice (TJ) are so profound that, unless dogmatisms are left aside and a process of dialogue is entered into, it will not be possible to harmonize the current legal regime of international crimes with the need to articulate transitional processes that are capable of effectively overcoming authoritarian regimes and armed conflicts. The serious material limitations shown by national, international and hybrid ICL enforcement mechanisms should be acknowledged and the goals pursued by ICL should be redefined accordingly. A minimum level of consensus on the scope of application, goals and elements of TJ should also be reached. Situations of systematic or large scale violence against the civilian population by transnational criminal organizations increase the challenge.
Author: Gerhard Werle
Publisher: Springer
ISBN: 9462651507
Category : Law
Languages : en
Pages : 347
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Book Description
This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
Author: Neil Boister
Publisher: Oxford University Press
ISBN: 019251573X
Category : Law
Languages : en
Pages : 512
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Book Description
National borders are permeable to all types of illicit action and contraband goods, whether it is trafficking humans, body parts, digital information, drugs, weapons, or money. Whilst criminals exist in a borderless world where territorial boundaries allow them to manipulate different markets in illicit goods, the authorities who pursue them can remain constrained inside their own jurisdictions. In a new edition of his ground-breaking work, Boister examines how states must cooperate to tackle some of the greatest security threats in this century so far, analyses to what extent vested interests have determined the course of global policy and law enforcement, and illustrates how responding to transnational crime itself becomes a form of international relations which reorders global political power and becomes, at least in part, an end in itself. Arguing that transnational criminal law is currently geared towards suppressing criminal activity, but is not as committed to ensuring justice, Boister suggests that it might be more strongly influenced by individual moral panics and a desire for criminal retribution than an interest in ensuring a proportional response to offences, protection of human rights, and the preservation of the rule of law.
Author: André Bossard
Publisher:
ISBN:
Category : Crime
Languages : en
Pages : 172
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Book Description
Author: Geoff Gilbert
Publisher: Martinus Nijhoff Publishers
ISBN: 9004152768
Category : Law
Languages : en
Pages : 528
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Book Description
Following the wars in the former Yugoslavia and Rwanda, and the events of 11 September 2001, awareness of international crimes has come to the forefront of public consciousness. The very public responses seen in the establishment by the Security Council of the ad hoc tribunals and the international community coming together to create the International Criminal Court have done much to promote the idea that there should be no impunity for international criminals. Nevertheless, while those are incredibly significant steps in the attempt to combat international crime, there is no way due to their jurisdictional competence that such bodies could ever hope to address all the various crimes that are committed that are not confined to a single domestic jurisdiction either by reason of their nature or trans-border factors. As such, the response of the international community to international crime depends as much on extraterritorial criminal jurisdiction, mutual legal assistance agreements, extradition and other means of lawful rendition. Furthermore, given the fundamental rule that a person is innocent until proven guilty and that everyone within the jurisdiction of a State is owed certain basic minimum human rights guarantees, responses to international crime cannot be without limitation. Respect for the alleged transnational fugitive offender is as important a factor in responding to international crime as preventing impunity for genocide, crimes against humanity, war crimes and gross human rights violations.
Author: Jessica Roher
Publisher: Routledge
ISBN: 131545663X
Category : Law
Languages : en
Pages : 260
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Book Description
Philip Jessup coined the term "transnational law" in his Storrs Lecture on Jurisprudence delivered in 1956 to describe law that regulates activities or actions that transcend national borders. The term redefined the development and practice of the law, and became a distinct field of study. In 2001, Neil Boister applied Jessup’s concept to the field of criminal law and identified the emergence of transnational criminal law in a formative article published in the European Journal of International Law. Inspired by Boister’s work, the editors of the journal Transnational Legal Theory sought contributions from leading academics and practitioners for a symposium issue on transnational criminal law. In their papers, the authors built upon and developed novel approaches to legal issues arising in an increasingly globalized world, where both crimes and the regulation of crimes transcend borders. The publication of this book marks the sixtieth anniversary of Jessup’s seminal lecture and exemplifies the significant impact that Jessup, and later Boister, have had on legal scholarship and practice in the area of criminal law. We are honoured to publish the symposium as a monograph and to contribute to this rapidly evolving field. This book was previously published as a special issue of Transnational Legal Theory.
