If Nigeria fails to prosecute the crimes recognised under the Rome Statute, then the International Criminal Court (ICC) will intervene. The ICC is only expected to complement the criminal justice system in Nigeria and is not a court of first instance, but one of last resort. This is what is known as the principle of complementarity. Before the ICC can step in, it must make a finding of 'unwillingness' or 'inability' on the part of Nigeria. It is only after this finding is made that the ICC can take over the prosecution of the crimes recognised under the Statute from Nigeria. This book examines the criminal justice process in Nigeria and discovers that the justice system is latent with the requirements of 'unwillingness' and 'inability.' The requirements, which serve as tests for assessment, are as they are laid down by the Rome Statute and interpreted by the ICC. This book offers recommendations as to what Nigeria must do in order to avoid the ICC intervention by reversing those parameters that give rise to 'unwillingness' and 'inability.' The International Criminal Court and Nigeria: Implementing the Complementarity Principle of the Rome Statute offers a contribution to the advancement of international law and will be of practical use to African countries. It aims to sensitise policy makers in different African countries in respect of policy options open to them to close impunity gap in their respective countries. This volume addresses the topics with regard to international criminal law and comparative public law and will be of interest to researchers, academics, organizations, and students in the fields of international law, governance, and comparative criminal justice.

Are international courts effective tools for international governance? Do they fulfill the expectations that led to their creation and empowerment? Why do some courts appear to be more effective than others, and do so such appearances reflect reality? Could their results have been produced by other mechanisms? This book evaluates the effectiveness of international courts and tribunals by comparing their stated goals to the actual outcomes they achieve. Using a theoretical model borrowed from social science, the book assesses their effectiveness by analysing key empirical data. Its first part is dedicated to theory and methodology, laying out the effectiveness model, explaining its different components, its promise and limits, and discussing the measurement challenges it faces. The second part analyses the role that indicators such as jurisdiction, judicial independence, legitimacy, and compliance play in achieving effectiveness. Part three applies the effectiveness model to the International Court of Justice, the WTO dispute settlement mechanisms (panels and Appellate Body), the International Criminal Tribunals for Rwanda and Yugoslavia, the European Court of Human Rights, and the European Court of Justice, reflecting the diversity of the field of international adjudication. Given the recent proliferation of international courts and tribunals, this book makes an important contribution towards understanding and measuring the value that these institutions provide.

Karen Alter's work on the European Court of Justice (ECJ) heralded a new level of sophistication in the political analysis of the controversial institution, through its combination of legal understanding and active engagement with theoretical questions. The European Court's Political Power assembles the most important of Alter's articles written over a fourteen year span, adding an original new introduction and conclusion taking an overview of the Court's development and current concerns.
Together the articles provide insight into the historical and political contours of the ECJ's influence on European politics, explaining how and why the same institution can have such a varying impact across time and issue area. The book starts with the European Coal and Steel Community, where the ECJ was largely unable to facilitate greater member state respect for ECSC rules. Alter then shows how legal actors orchestrated an activist transformation of the European legal system-with the critical aid of jurist advocacy movements, and via the co-optation national courts. The transformation of the European legal system wrested from member states control over the meaning of European law, but the ECJ continues to have differential influence across issue area. Alter explains that different influence of the ECJ comes from the varied extent to which sub and supra-national actors turn to the ECJ to achieve political objectives.
Looking beyond the European experience, the book includes four chapters that put the ECJ into a comparative perspective, examining the extent to which the ECJ experience is unique, or a harbinger of the future role international courts may play in international and comparative politics.

This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.

Over the last century, international courts, once reserved for arcane matters of diplomacy and trade, have begun to address a broad range of human experience and activity. This volume corrects some of the common misperceptions about international judges, while providing a balanced introduction to both the strengths and shortcomings of their work. As they rule on crucial issues of war and peace, human rights, and trade, in addition to high-profile criminal trials, international judges are playing a critical role in developments that will affect world affairs for years to come. Based on interviews with more than 30 international judges, this volume is the first comprehensive portrait of the men and women in this new global profession. The working environment of international judges is closely examined in courts around the world, highlighting the challenge of carrying out work in multiple languages, in the context of intricate bureaucratic hierarchies, and with a necessary interdependence between judges and their courts' administration. Arguing that international judges have to balance their responsibilities as interpreters of the law and as global professionals, the authors discuss the challenges of working in the fluid circumstances of international courts. Profiles of five individual judges provide insight into the experience and dilemmas of the men and women on the international bench.

If Nigeria fails to prosecute the crimes recognised under the Rome Statute, then the International Criminal Court (ICC) will intervene. The ICC is only expected to complement the criminal justice system in Nigeria and is not a court of first instance, but one of last resort. This is what is known as the principle of complementarity. Before the ICC can step in, it must make a finding of 'unwillingness' or 'inability' on the part of Nigeria. It is only after this finding is made that the ICC can take over the prosecution of the crimes recognised under the Statute from Nigeria. This book examines the criminal justice process in Nigeria and discovers that the justice system is latent with the requirements of 'unwillingness' and 'inability.' The requirements, which serve as tests for assessment, are as they are laid down by the Rome Statute and interpreted by the ICC. This book offers recommendations as to what Nigeria must do in order to avoid the ICC intervention by reversing those parameters that give rise to 'unwillingness' and 'inability.' The International Criminal Court and Nigeria: Implementing the Complementarity Principle of the Rome Statute offers a contribution to the advancement of international law and will be of practical use to African countries. It aims to sensitise policy makers in different African countries in respect of policy options open to them to close impunity gap in their respective countries. This volume addresses the topics with regard to international criminal law and comparative public law and will be of interest to researchers, academics, organizations, and students in the fields of international law, governance, and comparative criminal justice.

The Rome Statute of the International Criminal Court entered into force in 2002 and the ICC will soon be fully operational. Earlier in the ICC process, an international conference was held in Trento to address a specific issue that is still unresolved in the post-Rome negotiations: the crime of aggression. Article 5 of the ICC Statute includes aggression, yet the Statute postpones the exercise of its jurisdiction over the crime of aggression until such time as further provisions have been prepared on the definition of this crime and on the related conditions for the Court's intervention. This important volume collects the papers given by the participants at the Trento Conference. The volume is divided into three parts: the historical background of the crime of aggression; the definition of the crime of aggression, in light of proposals in the Preparatory Commission; and various points of view on the relationship between the Court's competence in adjudicating cases of alleged crimes of aggression and the Security Council's competence.

This Study Guide is designed to help students review and apply the material presented in the textbook, "Families in Context." Many of the sample questions were originally prepared by Wanda Clark for the first edition of the textbook. The organization of this study guide corresponds to chapters in "Families in Context."To learn more about the "Families in Context" main text, please visit the bookpage here: Families In Context, Second Edition, Revised & Updated

Now that the Cold War has ended and poverty, environmental crises and nationalist demands loom so large in world affairs, the establishment of a just world order has become an urgent priority. But what is international justice? Are international agents ever likely to be just, and under what conditions? This book considers answers to these questions as found in the modern tradition of political philosophy - the tradition of Hobbes, Kant, Fichte, Hegel, Mill and Marx - and in contemporary writings about international justice and world order. "Justice and World Order" determines the implications for international justice of the debates between cosmopolitans and communitarians. Is a well-grounded, universally acceptable theory of international justice possible, and if so, what social relationships should a just world promote? The book develops a theory of international justice and a conception of a just world which take as basic a respect for individual freedom and differences among communities. This book should be of interest to undergraduates and academics of social and political philosophy.

The objective of European integration serves as an ideal of the legal order of the European Union and invites reconsideration of law's conceptual features. This book critically assesses the legal order of the European Union, focusing on the operative aspects of the Union constitution with particular reference to the institutional practices of the Court of Justice in expressing the values underlying this constitution. Drawing together positivist and non-positivist accounts within an institutional understanding of law, Timothy Moorhead breaks new ground in applying a range of analytic jurisprudential perspectives to the Union legal order, and in employing the theoretical resources provided by the Union to model a revised conceptual viewpoint concerning legal order generally. In offering this conceptual approach, Moorhead emphasises the flexibility inherent in law's institutional character as the basis for a theoretical rationalisation of the Union legal order. This book will be of great use and interest to scholars and students of European Union Law, Jurisprudence and European Constitutionalism.

American reluctance to join the International Criminal Court illuminates important trends in international security and a central dilemma facing U.S. Foreign policy in the 21st century. The ICC will prosecute individuals who commit egregious international human rights violations such as genocide. The Court is a logical culmination of the global trends toward expanding human rights and creating international institutions. The U.S., which fostered these trends because they served American national interests, initially championed the creation of an ICC. The Court fundamentally represents the triumph of American values in the international arena. Yet the United States now opposes the ICC for fear of constraints upon America's ability to use force to protect its national interests. The principal national security and constitutional objections to the Court, which the volume explores in detail, inflate the potential risks inherent in joining the ICC. More fundamentally, they reflect a belief in American exceptionalism that is unsustainable in today's world. Court opponents also underestimate the growing salience of international norms and institutions in addressing emerging threats to U.S. national interests. The misguided assessments that buttress opposition to the ICC threaten to undermine American leadership and security in the 21st century more gravely than could any international institution.

Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice-an emotional response to competing interpretations of justice-to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC's all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC's mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.

The objective of European integration serves as an ideal of the legal order of the European Union and invites reconsideration of law's conceptual features. This book critically assesses the legal order of the European Union, focusing on the operative aspects of the Union constitution with particular reference to the institutional practices of the Court of Justice in expressing the values underlying this constitution. Drawing together positivist and non-positivist accounts within an institutional understanding of law, Timothy Moorhead breaks new ground in applying a range of analytic jurisprudential perspectives to the Union legal order, and in employing the theoretical resources provided by the Union to model a revised conceptual viewpoint concerning legal order generally. In offering this conceptual approach, Moorhead emphasises the flexibility inherent in law's institutional character as the basis for a theoretical rationalisation of the Union legal order. This book will be of great use and interest to scholars and students of European Union Law, Jurisprudence and European Constitutionalism.

Any legal library would be incomplete without the entire set of this historical reprint. The 15 bound volumes of the judgments, orders and advisory opinions of the PCIJ include the collections of judgments from 1923-1930 (Series A) and advisory opinions from 1923-1930 (Series B), and the collection of judgments, orders and advisory opinions from 1931-1940 (Series A/B). Volume 15 contains the judgments in the following cases: Panevezys-Saldutiskis Railway, Electricity Company of Sofia and Bulgaria, and Societe Commerciale de Belgique; and orders in Electricity Company of Sofia and Bulgaria.

Criminal Law, Twelfth Edition, a classic introduction to criminal law for criminal justice students, combines the best features of a casebook and a textbook. Its success over numerous editions, both at community colleges as well as in four-year college criminal justice programs, is proof this text works as an authoritative source on criminal law, as well as a teaching text that communicates with students. The book covers substantive criminal law and explores its principles, sources, distinctions, and limitations. Definitions and elements of crimes are explained, and defenses to crimes are thoroughly analyzed. Each chapter offers guidance to help students understand what is important, including chapter outlines, key terms, learning objectives, Legal News boxes that highlight current criminal law issues, and Quick Checks that cue the reader to stop and answer a question or two concerning the material just covered. Unique Exploring Case Law boxes offer guidance in using the accompanying cases, which are provided on the book's website and in Part II of this textbook. A robust collection of instructor support materials addresses teaching and learning issues. Updated with all the newest relevant law, this book is appropriate for undergraduate students in criminal law and related courses.

The Elgar Companion to the International Criminal Tribunal for Rwanda is a one-stop reference resource on this complex tribunal, established in the aftermath of the 1994 genocide in Rwanda, which closed its doors on 31 December 2015. This Companion provides an insightful account of the workings and legacy of the ICTR in the field of international criminal justice. Surveying and analyzing the contributions from different disciplinary angles, the Companion is comprised of four comprehensive parts. It begins with a detailed account of the establishment of the ICTR, covering the setting up of the tribunal, its mandate, structure and personnel. The second part explores substantive law and examines issues such as genocide, crimes against humanity, war crimes, sexual violence and modes of liability. The third part discusses procedural law and explores investigation, arrest, trial/appeal, evidence, rights of the accused, rights of victims and sentencing. It concludes with the fourth part, which considers the contribution of the ICTR to international criminal justice, as well as to the lives of Rwandans. An important contribution to the jurisprudence of international criminal courts, the Companion will appeal to academics, students and legal practitioners alike. It will be fascinating reading for anyone interested in international criminal law or the recent history of Rwanda. Contributors include: P. Akhavan, K. Ambos, S. Bock, C. Buisman, N.A. Combs, A.-M. de Brouwer, M.A. Drumbl, H. Hintjens, B. Hola, H.B. Jallow, U. Kaitesi, G.W. Mugwanya, R. Muzigo-Morrison, F.M. Ndahinda, F.-X. Nsanzuwera, A. Odora-Obote, V. Oosterveld, C. Paulussen, N Pillay, A. Smeulers

Judicial dialogue is one of the pressing phenomena in contemporary EU law and constitutional law. It is a device of judicial policy-making and networking and an instrument for policy coordination and negotiation between the national, international and supranational legal orders. Judicial dialogue is also tipping point of the influence of courts on multilevel constitutional politics in the context of global constitutional (dis)order. This book provides original analysis of the different aspects of judicial dialogue. It starts with exploring the constitutional dimension of this phenomenon. The volume offers insightful analysis in relation to the spheres of public finance management, putting emphasis on the judicial dialogue related to the Economic and Monetary Union and the Eurozone crisis management. It outlines important issues of judicial dialogue in Private International Law and international dispute settlement. The book finishes with enlightening case-studies of the judicial dialogue between the Court of Justice of the EU and several national courts. The book offers novel theoretical insights and comparative research combined with case-studies.

As all manner of commerce becomes increasingly global, states must establish laws to protect property rights, human rights, and national security. In many cases, states delegate authority to resolve disputes regarding these laws to an independent court, whose power depends upon its ability to enforce its rulings. Examining detailed case studies of the International Court of Justice and the transition from the General Agreement on Tariffs and Trade to the World Trade Organization, Leslie Johns finds that a court's design has nuanced and mixed effects on international cooperation. A strong court is ideal when laws are precise and the court is nested within a political structure like the European Union. Strong courts encourage litigation but make states more likely to comply with agreements when compliance is easy and withdraw from agreements when it is difficult. A weak court is optimal when law is imprecise and states can easily exit agreements with minimal political or economic repercussions. Johns concludes the book with recommendations for promoting cooperation by creating more precise international laws and increasing both delegation and obligation to international courts.

As all manner of commerce becomes increasingly global, states must establish laws to protect property rights, human rights, and national security. In many cases, states delegate authority to resolve disputes regarding these laws to an independent court, whose power depends upon its ability to enforce its rulings. Examining detailed case studies of the International Court of Justice and the transition from the General Agreement on Tariffs and Trade to the World Trade Organization, Leslie Johns finds that a court's design has nuanced and mixed effects on international cooperation. A strong court is ideal when laws are precise and the court is nested within a political structure like the European Union. Strong courts encourage litigation but make states more likely to comply with agreements when compliance is easy and withdraw from agreements when it is difficult. A weak court is optimal when law is imprecise and states can easily exit agreements with minimal political or economic repercussions. Johns concludes the book with recommendations for promoting cooperation by creating more precise international laws and increasing both delegation and obligation to international courts.

The Rome Statute of the International Criminal Court entered into force in 2002 and the ICC will soon be fully operational. Earlier in the ICC process, an international conference was held in Trento to address a specific issue that is still unresolved in the post-Rome negotiations: the crime of aggression. Article 5 of the ICC Statute includes aggression, yet the Statute postpones the exercise of its jurisdiction over the crime of aggression until such time as further provisions have been prepared on the definition of this crime and on the related conditions for the Court's intervention. This important volume collects the papers given by the participants at the Trento Conference. The volume is divided into three parts: the historical background of the crime of aggression; the definition of the crime of aggression, in light of proposals in the Preparatory Commission; and various points of view on the relationship between the Court's competence in adjudicating cases of alleged crimes of aggression and the Security Council's competence.

This book highlights the importance of optional choice of court agreements, and the need for future research and legal development in this area. The law relating to choice of court agreements has developed significantly in recent years, reflecting their increased use in practice. However, most recent legal developments concern exclusive choice of court agreements. In comparison, optional choice of court agreements, also called permissive forum selection clauses and non-exclusive jurisdiction clauses, have attracted little attention from lawmakers or commentators. This collection is comprised of 19 National Reports, providing a critical analysis of the legal treatment of optional choice of court agreements, including asymmetric choice of court agreements, under national laws as well as under multilateral instruments. It also includes a General Report offering an overview of this area of the law and a synthesis of the findings of the national reporters. The contributions to this collection show that the legal treatment of optional choice of courts differs between legal systems. In some countries, the law on the effect of optional choice of court agreements is at an early stage in its development, whereas in others the law is relatively advanced. Irrespective of this, the national reporters identify unresolved issues with the effect of optional choice of court agreements, where the law is unclear or the cases are conflicting, demonstrating that this topic warrants greater attention. This book is of interest to judges, legislators, lawyers, academics and students who are concerned with private international law and international civil procedure.

Understanding exactly how the International Court of Justice applies the remedies of international law is vital in order to determine its prioritisation of remedies and its rationales for resolving inter-state disputes. This analysis also shows whether the framework of remedies of international law, designed by the International Law Commission through the Articles on Responsibility of States for Internationally Wrongful Acts, is strictly observed by the International Court of Justice. This is among the few systemic studies in the field of remedies, contrasting the theoretical controversies with a complete survey of the large set of requests that have been submitted before the ICJ. International lawyers, agents of states and diplomats will be able to identify the relevant case-law for each remedy in order to frame more effective requests to the Court. This study will also be of interest to researchers, practitioners, judges, policymakers, and graduate students.

This book highlights the importance of optional choice of court agreements, and the need for future research and legal development in this area. The law relating to choice of court agreements has developed significantly in recent years, reflecting their increased use in practice. However, most recent legal developments concern exclusive choice of court agreements. In comparison, optional choice of court agreements, also called permissive forum selection clauses and non-exclusive jurisdiction clauses, have attracted little attention from lawmakers or commentators. This collection is comprised of 19 National Reports, providing a critical analysis of the legal treatment of optional choice of court agreements, including asymmetric choice of court agreements, under national laws as well as under multilateral instruments. It also includes a General Report offering an overview of this area of the law and a synthesis of the findings of the national reporters. The contributions to this collection show that the legal treatment of optional choice of courts differs between legal systems. In some countries, the law on the effect of optional choice of court agreements is at an early stage in its development, whereas in others the law is relatively advanced. Irrespective of this, the national reporters identify unresolved issues with the effect of optional choice of court agreements, where the law is unclear or the cases are conflicting, demonstrating that this topic warrants greater attention. This book is of interest to judges, legislators, lawyers, academics and students who are concerned with private international law and international civil procedure.

In Freedom of Expression in the Supreme Court, Terry Eastland brings together the Court's leading First Amendment cases, some 60 in all, starting with Schenck v. United States (1919) and ending with Reno v. American Civil Liberties Union (1998). Complete with a comprehensive introduction, pertinent indices and a useful bibliography, Freedom of Expression in the Supreme Court offers the general and specialized reader alike a thorough treatment of the Court's understanding on the First Amendment's speech, press, assembly, and petition clauses.

Great Judgments of the European Court of Justice presents a new approach to understanding the landmark decisions of the European Court of Justice in the 1960s and 1970s. By comparing the Court's doctrines to the enforcement and escape mechanisms employed by more common forms of trade treaty, it demonstrates how the individual rights created by the doctrine of direct effect were connected to the practical challenges of trade politics among the European states and, in particular, to the suppression of unilateral safeguard mechanisms and inter-state retaliation. Drawing on the writings and speeches of French Judge and President of the Court, Robert Lecourt, it demonstrates that one of the Court's most influential judges shared this understanding of the logic of direct effect. This book offers a distinctive interpretation of the Court of Justice's early years, as well as of the purpose of the fundamental principles of European law.