Globalization has increased the number of individuals in criminal proceedings who are unable to understand the language of the courtroom, and as a result the number of court interpreters has also increased. But unsupervised interpreters can severely undermine the fairness of a criminal proceeding. In this innovative and methodological new study, Dingfelder Stone comprehensively examines the multitudes of mistakes made by interpreters, and explores the resultant legal and practical implications. Whilst scholars of interpreting studies have researched the prevalence of interpreter error for decades, the effect of these mistakes on criminal proceedings has largely gone unanalyzed by legal scholars. Drawing upon both interpreting studies research and legal scholarship alike, this engaging and timely study analyzes the impact of court interpreters on the right to a fair trial under international law, which forms the minimum baseline standard for national systems.

This book provides an insight into commercial relations between large economies and Small States, the benefits of regional integration, the role of Small States as financial centres as well as B2B and State to State dispute resolution involving Small States. Several contributions allow the reader to familiarise themselves with the general subject matter; others scrutinise the particular issues Small States face when confronted with an international dispute and discuss new and innovative solutions. These solutions range from inventive ideas to help economic growth to appropriate mechanisms of dispute resolution including inter-State dispute resolution and specific areas of arbitration such as tax arbitration. Researchers, policy advisors and practitioners will find a wealth of insights, information and practical ideas in this book.

This work focuses on the EU's participation in the Dispute Settlement Proceedings (DSP) of the WTO for matters of non-conferred competences. The underlying thesis is that the joint membership of the EU and its Member States is fallacious, in that it could cause the EU to become responsible for violations of the WTO regulations on the part of the Member States. Such fallacies are rooted in the blurred nature of the distribution of powers in the EU polity.In order to tackle the issue of international responsibility, the analysis is based on the facts of a real-world case. Based on the tenets of public international law, the law of mixed agreements and the EU constitutional principles, the book puts forward a model for the EU's participation in the DSP, and for the reallocation of burdens to the respective responsible entity. This proposition deconstructs the joint responsibility regime and endorses a solution that could address the issue of responsibility in mixed agreements without a declaration of powers.

The right information, at the right time, for the right user has become the most valuable currency of our times. Yet, traditional view on the use of information is being challenged: never before both businesses and users had to deal with the necessity of processing enormous amounts of data, often either privacy-sensitive or covered by intellectual property rights. The law tries to respond - both domestically and internationally - with new rules and novel applications of traditional rules. This book investigates these rules, their rationales, and consequences.

This textbook provides an overview for students in Criminology and Criminal Justice about the overlap between the criminal justice system and mental health. It provides an accessible overview of basic signs and symptoms of major mental illnesses and size of scope of justice-involved individuals with mental illness. In the United States, the criminal justice system is often the first public service to be in contact with individuals suffering from mental illness or in mental distress. Those with untreated mental illnesses are often at higher risk for committing criminal acts, yet research on this population continues to shed light on common myths - such a prevailing assumption that those with mental illness tend to commit more violent crimes. Law enforcement agents may be called in as first responders for cases of mental distress; and due to a lack of mental health facilities, resources, and pervasive misconceptions about this population, those with mental illness often end up in the corrections system. In this environment, students in Criminology and Criminal Justice are likely to encounter those with mental illness in their future career paths, and need to be prepared for this reality. This timely work covers the roles of each part of the criminal justice system interacting with mentally ill individuals, from law enforcement and first responders, social services, public health services, sentencing and corrections, to release and re-entry. It also covers the crucial topic of mental health for criminal justice professionals, who suffer from high rates of job stress, PTSD, and other mental health issues. The final section of the book includes suggestions for future research. This work will be of interest to students of criminology and criminal justice with an interest in working in the professional sector, as well as those in related fields of sociology, psychology, and public health. It will also be of interest to policy-makers and practitioners already working in the field. The overall goal of this work is to inform, educate, and inspire change.

This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union's approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States' laws, which create barriers to trade and hinder the Union's economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union's smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.

This book analyses the instruments and approaches offered by public international law to resolve cultural heritage related disputes and facilitate the return of illicitly transferred objects to their countries of origin. In addition to assessing the instruments themselves, their origins, and their advantages and disadvantages, it also examines the roles and interests of the actors involved. Lastly, the book explores the interaction between hard and soft law approaches, the reasons for and importance of this interaction, as well as its consequences.

The book provides a comprehensive and practical overview of arbitration in the People's Republic of China. The process of arbitrating a dispute is described from the perspective of a non-Chinese individual or business. Readers are guided through the typical course of events in an arbitration process. By avoiding both excessive technicality and undue simplification, the book appeals to both law professionals and business managers, and is useful for practitioners and non-experts alike. Recent developments in Chinese law on the matter, up to the first quarter of 2015, has been taken into account in order to provide readers with a pragmatic, up-to-date presentation of the topic. For the same reasons, illustrative reference is made to the Shanghai FTZ Arbitration Rules. The relevant provisions are noted throughout the text; the three appendices at the end of the book allow for easy referencing of the main legislation and regulations. The appendices include English versions of the most important PRC Statutes and Interpretations of Statutes on arbitration, the Arbitration Rules of the main Chinese arbitration institutions and the official Model Arbitration Clauses suggested by those institutions.

The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes. The present volume covers decisions rendered by the Court of arbitration for Sport (CAS) and national courts in 2016. It is a must-have for sports lawyers and arbitrators, as well as researchers engaged in this field. It provides in-depth articles on burning issues raised by international sports arbitration, and independent commentaries by esteemed academics and seasoned practitioners on the most important decisions of the year by the CAS and national courts. Dr. Antoine Duval is Senior Researcher for International and European Sports Law at the T.M.C. Asser Instituut in The Hague. He holds a Ph.D. on the interaction between Lex Sportiva and EU Law from the European University Institute in Florence. Prof. Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchatel, Switzerland, and is the partner in charge of the sports arbitration practice at Levy Kaufmann-Kohler, a Geneva-based law firm specializing in international arbitration.

This open access book presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of roles in court-connected mediation, and the challenges in dispute systems. Over the past 20-30 years, mediation has gained in popularity in many countries around the world and is often heralded as a suitable and cost-effective mode of conflict resolution. However, as the studies in this volumes show, mediation also has a number of potential drawbacks. Parties' self-determination may be jeopardized, affected third parties are involved in an inadequate way, and the legal regulations may be flawed. The publication can inspire research, help professionals and policymakers in the field and be used as a textbook.

This book outlines how community sentences and early release options are administered in China. Chen provides empirical insights into the emerging community sector of the Chinese penal system, and illustrates how Chinese criminal courts decide between imprisonment and community sentences. Drawing on interviews with government and non-governmental supervisors, this methodological and rigorous study offers an in-depth discussion of the enforcement of these community sanctions and measures (CSM). By using the CSM reform as an example, this book illustrates the adaptation of Chinese governance and social control. Ultimately, Chen argues that the current model of governance in China (disciplinary governance) cannot guarantee an effective state-agent relationship; it also denies local governments sufficient legitimacy to secure social stability. Finally, proposing that only the rule of law and an active judiciary can complement these two deficiencies, this book will be of great interest to scholars of criminology, law, and penology, as well as anyone who is interested in how China is held together in a socio-legal sense.

This volume of Studies in Law, Politics, and Society brings together research by graduate students from universities in the United States and the United Kingdom. The work of these students was singled out by their teachers and advisors as showing unusual promise and marking out directions for the next generationA" of interdisciplinary legal scholars. The research collected here is often comparative. It is theoretically informed and rigorous in its methods. Taken together it shows breadth and excellence, and it signals the continuing vibrancy of interdisciplinary legal studies.

This groundbreaking edited volume evaluates prisoner reentry using a critical approach to demonstrate how the many issues surrounding reentry do not merely intersect but are in fact reinforcing and interdependent. The number of former incarcerated persons with a felony conviction living in the United States has grown significantly in the last decade, reaching into the millions. When men and women are released from prison, their journey encompasses a range of challenges that are unique to each individual, including physical and mental illnesses, substance abuse, gender identity, complicated family dynamics, the denial of rights, and the inability to voice their experiences about returning home. Although scholars focus on the obstacles former prisoners encounter and how to reduce recidivism rates, the main challenge of prisoner reentry is how multiple interdependent issues overlap in complex ways. By examining prisoner reentry from various critical perspectives, this volume depicts how the carceral continuum, from incarceration to reentry, negatively impacts individuals, families, and communities; how the criminal justice system extends different forms of social control that break social networks; and how the shifting nature of prisoner reentry has created new and complicated obstacles to those affected by the criminal justice system. This volume explores these realities with respect to a range of social, community, political, and policy issues that former incarcerated persons must navigate to successfully reenter society. A springboard for future critical research and policy discussions, this book will be of interest to U.S. and international researchers and practitioners interested in the topic of prisoner reentry, as well as graduate and upper-level undergraduate students concerned with contemporary issues in corrections, community-based corrections, critical issues in criminal justice, criminal justice policies, and reentry.

This book offers the first theoretical approach to rules of evidence and the practice of judicial proof in China written in English by a Chinese professor. As Prof. He's first representative work, based on over three decades of studying and researching evidence law, it clarifies concepts relevant to evidence law, highlights the value of studying evidence law, re-examines the domain of presumption, reviews central problems in obtaining evidence, and discusses the reasons for misjudged cases. In brief, the book not only presents all major aspects of Chinese rules of evidence in criminal justice, but also introduces readers to the latest developments from a global perspective.

Trials are well known as paradigmatic legal events. Some attract wide attention; others mostly escape notice. Indeed in the United States trials have recently become rare, with some scholars bemoaning the death of the trial. This issue of "Studies in Law, Politics and Society" contains, along with two general interest articles, a symposium on the past, present, and future of the trial. It brings together the work of leading scholars to think about the nature, utility, and limits of trials. This work takes stock of the field, charts its progress, and points the way for its future development.

Nonjudicial officers (NJOs) permeate the criminal justice and the forensic mental health systems in hidden ways. But what are the impact and consequences of non-lawyers and non- "real judges" hearing cases? Across the nation, numerous cases are outsourced to administrative and other NJOs to decide issues ranging from family court cases involving custody disputes and foster care, to alcohol, substance abuse, as well as mental health and institutionalization issues. Moreover, NJOs may also deal with probation sentencing, conditions of confinement, release restrictions, and even capital punishment. The editors and contributors to the indispensable Justice Outsourced examine the hidden role of these non-judicial officers in the courtroom and administrative settings, as well as the ethical and practical considerations of using NJOs. Written from the perspective of therapeutic jurisprudence by judges, criminologists, lawyers, law professors, psychologists, and sociologists, this volume provides a much-needed wake-up call that emphasizes why the removal of a judge weakens a defendant's rights and dignity and corrupts the administration of justice. However, Justice Outsourced also suggests effective employments of NJOs, revealing the potential of therapeutic principles and procedures to enhance the practical knowledge supplied by nonjudicial decision-makers.

This book provides answers to the following questions. Is there a bright future aheadfor a European Public Prosecutor's Office? If so, is the regulation establishing the officesufficiently clear and balanced to attain that goal? Moreover, will the office be able toeffectively fight fraud now damaging the EU's budget and will it respect the fundamentalrights of the parties involved? Included are issues ranging from EU substantive and procedural criminal law, combattingEU fraud, the distribution of competences in European law enforcement,EU fundamental rights, to forum choice. The book's aim is to inform academics,policy-makers and criminal law practitioners about key issues surrounding theattribution of prosecutorial powers to an entirely remodelled European Union body. Indoing so, it sheds light on this body, as fundamentally changed by the Council, whichwill undoubtedly have a greater impact on the European criminal justice system thanthe European Arrest Warrant ever did. Dr. Willem Geelhoed is Assistant Professor in criminal law and criminal procedureat the University of Groningen, The Netherlands, and Drs. Leendert H. Erkelensand Prof. Mr. Arjen W.H. Meij are both Visiting Research Fellow at the T.M.C. AsserInstituut in The Hague in The Netherlands, while the latter is also Honorary Professorat the University of Luxembourg.

This volume explores the role that European institutions have come to play in regulating national prisons systems. The authors introduce and contribute to advancing a new research agenda in international penology ('Europe in prisons') which complements the conventional comparative approach ('prisons in Europe'). The chapters examine the impact - if any - that institutions such as the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the European Court of Human Rights have had on prison policy throughout Europe. With contributions from a wide range of countries such as Albania, Austria, Belgium, Ireland, Norway and Spain, this edited collection offers a wide-ranging and authoritative guide to the effects of European institutions on prison policy.

This book offers a clear, accessible account of the American litigation over the restitution of works of art taken from Jewish families during the Holocaust. For the past two decades, the courts of the United States have been an arena of conflict over this issue that has recently captured widespread public attention. In a series of cases, survivors and heirs have come forward to claim artworks in public and private collections around the world, asserting that they were seized by the Nazis or were sold under duress by owners desperate to escape occupied countries. Spanning two continents and three-quarters of a century, the cases confront the courts with complex problems of domestic and international law, clashes among the laws of different jurisdictions, factual uncertainties about the movements of art during and after the war, and the persistent question whether restitution claims have been extinguished by the passage of time.Through individual case studies, the book examines the legal questions these conflicts have raised and the answers the courts have given. From the internationally celebrated "Woman in Gold" lawsuit against Austria to lesser-known claims against Germany, Hungary, Spain, and museums and private collections in the United States, the book synthesizes the legal and evidentiary materials and judicial rulings in each case, creating a coherent narrative of proceedings that are often labyrinthine in complexity. Written by a leading authority on litigation and procedure, the book will be of interest to readers in various fields of the humanities and social sciences as well as law, and to anyone interested in the fate of artworks that have been called the "last prisoners" of the Second World War.

The Soviet Gulag was one of the largest, most complex, and deadliest systems of incarceration in the 20th century. What lessons can we learn from its network of labor camps and prisons and exile settlements, which stretched across vast geographic expanses, included varied institutions, and brought together inmates from all the Soviet Union's ethnicities, professions, and social classes? Drawing on a massive body of documentary evidence, Rethinking the Gulag: Identities, Sources, Legacies explores the Soviet penal system from various disciplinary perspectives. Divided into three sections, the collection first considers "identities"-the lived experiences of contingents of detainees who have rarely figured in Gulag histories to date, such as common criminals and clerics. The second section surveys "sources" to explore the ways new research methods can revolutionize our understanding of the system. The third section studies "legacies" to reveal the aftermath of the Gulag, including the folk beliefs and traditions it has inspired and the museums built to memorialize it. While all the chapters respond to one another, each section also concludes with a reaction by a leading researcher: geographer Judith Pallot, historian Lynne Viola, and cultural historian and literary scholar Alexander Etkind. Moving away from grand metaphorical or theoretical models, Rethinking the Gulag instead unearths the complexities and nuances of experience that represent a primary focus in the new wave of Gulag studies.

In recent years, much political and legal debate has centered on the class action lawsuit. Many lawyers and judges have noted the intense pressure to settle caused by the very filing of a suit. Some contend that the procedure amounts to a form of judicial blackmail. Others counter that it is an effective means of policing corporate behavior and assuring injured victims' fair compensation.
This book represents the first scholarly effort to view the modern class action comprehensively through the lenses of American political and constitutional theory. Redish argues that the modern class action undermines foundational constitutional principles, including procedural due process and separation of powers, and has been improperly transformed from its origins as a complex procedural device into a means for altering controlling substantive law in highly undemocratic ways. Redish proposes an alternative vision of the class action lawsuit, one that is designed to enable the device to serve its valuable procedural purposes without simultaneously contravening core precepts of American constitutional democracy.

This book offers a compendium of diverse essays on emerging legal issues in outer space, written by experts in the field of Space Law from different parts of the globe. The book comprehensively addresses opportunities in space and the inevitable legal challenges that these space activities pose for mankind. It explores the increasing role of private sector in outer space, which calls for a review of policy and legislation; invites opinio juris from law scholars for ensuring the applicability of the Outer Space Treaty on all states without ratification and universal abidance with Space Law without demur; reflects upon the challenges for the global space community involved in implementing a more effective approach to international space governance; and considers the use of domestic laws, and the consequent need for legal reform, to encourage broader engagement with commercial space innovation. Further, the book delves into the adequacy of existing international liability regime to protect space tourists in the event of a space vehicle accidents; examines the increasing use of space for military activities and canvasses how International Law may apply to condition behaviour; highlights the challenges of scavenging space debris; calls for protections of space assets; touches upon the legal regime pertaining to ASAT and discusses other ways of creating normative instruments, which also come from other areas and use other methods. Given its comprehensive coverage of opportunities in space and the inevitable legal challenges that they pose, the book offers a valuable resource for students, researchers, academics and professionals including government officials, industry executives, specialists, and lawyers, helping them understand essential contemporary issues and developments in Space Law.

This book analyses Nicaragua's role in the development of international law, through its participation in cases that have come before the International Court of Justice. Nicaragua has appeared before the ICJ in fourteen cases, either as an applicant, respondent or intervening State, thus setting an important example of committment to the peaceful judicial settlement of disputes. The "Nicaraguan" cases have enabled the ICJ to take positions on and clarify a whole range of important procedural, jurisdictional and substantive legal issues, which have inspired the jurisprudence of international and regional courts and tribunals and influenced the development of international law. The book focuses on reviewing Nicaragua's cases before the ICJ, using a thematic approach to identify their impact on international law. Each chapter includes a discussion of the relevant cases on a particular theme and their impact over time on general as well as specific branches of international law, notably through their use as precedent by other international and regional courts and tribunals.

Of late, historians have been realising that South Asia and Europe have more in common than a particular strand in the historiography on "the rise of the West" would have us believe. In both world regions a plurality of languages, religions, and types of belonging by birth was in premodern times matched by a plurality of legal systems and practices. This volume describes case-by-case the points where law and social diversity intersected.