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Books > Law > International law > Settlement of international disputes > International courts & procedures

The European Court's Political Power - Selected Essays (Hardcover): Karen Alter The European Court's Political Power - Selected Essays (Hardcover)
Karen Alter
R2,853 Discovery Miles 28 530 Ships in 10 - 15 working days

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.

Hong Kong's War Crimes Trials (Hardcover): Suzannah Linton Hong Kong's War Crimes Trials (Hardcover)
Suzannah Linton
R3,245 Discovery Miles 32 450 Ships in 10 - 15 working days

In the aftermath of the Second World War, the British military held 46 trials in Hong Kong in which 123 defendants, from Japan and Formosa (Taiwan), were tried for war crimes. This book provides the first comprehensive legal analysis of these trials. The subject matter of the trials spanned war crimes committed during the fall of Hong Kong, its occupation, and in the period after the capitulation following the nuclear bombings of Hiroshima and Nagasaki, but before the formal surrender. They included killings of hors de combat, abuses in prisoner-of-war camps, abuse and murder of civilians during the military occupation, forced labour, and offences on the High Seas. The events adjudicated included those from Hong Kong, China, Japan, the High Seas, and Formosa (Taiwan). Taking place in the same historical period as the more famous Nuremberg and Tokyo trials, the Hong Kong war crimes trials provide key insights into events of the time, and the development of international criminal law and procedure in this period. A team of experts in international criminal law examine these trials in detail, placing them in their historical context, investigating how the courts conducted their proceedings and adjudicated acts alleged to be war crimes, and evaluating the extent to which the Hong Kong trials contributed to the development of contemporary issues, such as joint criminal enterprise and superior orders. There is also comparative analysis with contemporaneous proceedings, such as the Australian War Crimes trials, trials in China, and those conducted by the British in Singapore and Germany, placing them within the wider history of international justice. This book is essential reading for anyone interested in the development of international criminal law and procedure.

The Birth of the New Justice - The Internationalization of Crime and Punishment, 1919-1950 (Hardcover): Mark Lewis The Birth of the New Justice - The Internationalization of Crime and Punishment, 1919-1950 (Hardcover)
Mark Lewis
R3,288 Discovery Miles 32 880 Ships in 10 - 15 working days

The Birth of the New Justice is a history of the attempts to instate ad hoc and permanent international criminal courts and new international criminal laws from the end of World War I to the beginning of the Cold War. The purpose of these courts was to repress aggressive war, war crimes, terrorism, and genocide. Rather than arguing that these legal projects were attempts by state governments to project a "liberal legalism" and create an international state system that limited sovereignty, Mark Lewis shows that European jurists in a variety of transnational organizations derived their motives from a range of ideological motives - liberal, conservative, utopian, humanitarian, nationalist, and particularist. European jurists at the Paris Peace Conference in 1919 created a controversial new philosophy of prosecution and punishment, and during the following decades, jurists in different organizations, including the International Law Association, International Association for Criminal Law, the World Jewish Congress, and the International Committee of the Red Cross, transformed the ideas of the legitimacy of post-war trials and the concept of international crime to deal with myriad social and political problems. The concept of an international criminal court was never static, and the idea that national tribunals would form an integral part of an international system to enforce new laws was frequently advanced as a pragmatic-and politically convenient-solution. The Birth of the New Justice shows that legal organizations were not merely interested in ensuring that the guilty were punished or that international peace was assured. They hoped to instil particular moral values, represent the interests of certain social groups, and even pursue national agendas. At the same time, their projects to define new types of crimes and ensure that old ones were truly punished also sprang from hopes that a new international political and moral order would check the power of the sovereign nation-state. When jurists had to scale back their projects, it was not only because state governments opposed them; it was also because they lacked political connections, did not build public support for their ideas, or decided that compromises were better than nothing.

The Future of the Judicial System of the European Union (Hardcover): Alan Dashwood, Angus C Johnston The Future of the Judicial System of the European Union (Hardcover)
Alan Dashwood, Angus C Johnston
R3,670 Discovery Miles 36 700 Ships in 10 - 15 working days

Originating in a conference organised by the Centre for European Legal Studies (CELS),Cambridge in July 1999, this book contains a number of pieces on the highly topical issue of the reform of the European judicial system. Including copies of the major contributions to the debate from the institutions of the European Union, the volume aims both to provide a useful reference point for the major proposals currently under consideration and to stimulate further thinking on the subject. Contributors to this collection include Ross Cranston, Advocate General Francis Jacobs, Judge Pernilla Lindh, Henry Schermers, Anthony Arnull and Ole Due.

The International Judge - An Introduction to the Men and Women Who Decide the World's Cases (Hardcover): Daniel Terris,... The International Judge - An Introduction to the Men and Women Who Decide the World's Cases (Hardcover)
Daniel Terris, Cesare P.R. Romano, Leigh Swigart
R1,626 Discovery Miles 16 260 Ships in 10 - 15 working days

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.

The Politics of Constructing the International Criminal Court - NGOs, Discourse, and Agency (Hardcover, New and REV): M Struett The Politics of Constructing the International Criminal Court - NGOs, Discourse, and Agency (Hardcover, New and REV)
M Struett
R1,415 Discovery Miles 14 150 Ships in 18 - 22 working days

The book analyzes the political process that led to the establishment of the International Criminal Court (ICC). It argues that non-governmental organizations (NGOs) played an important role in shaping key provisions in the Court's statute and in achieving early ratification of the ICC Statute. NGOs were able to achieve this result through their use of principled, communicatively rational argument. Thus in addition to accounting for the particular outcome of the ICC negotiations, the book also makes a contribution to our theoretical understandings of the ways that NGO discourse can transform the process of policy formation in world politics.

Judgment At Istanbul - The Armenian Genocide Trials (Hardcover, New edition): Vahakn N. Dadrian, Taner Akcam Judgment At Istanbul - The Armenian Genocide Trials (Hardcover, New edition)
Vahakn N. Dadrian, Taner Akcam
R3,143 Discovery Miles 31 430 Ships in 10 - 15 working days

"This book by Vahakn Dadrian and Taner Akcam, one Armenian, one Turkish, both noted scholars of the Armenian Genocide] stands as a monument of original scholarship on the facts of the Genocide. The wealth of specific citations, the multiplicity of sources surveyed make this volume an invaluable and fundamental source for any future study." . The Armenian Mirror-Spectator

Turkey's bid to join the European Union has lent new urgency to the issue of the Armenian Genocide as differing interpretations of the genocide are proving to be a major reason for the delay of the its accession. This book provides vital background information and is a prime source of legal evidence and authentic Turkish eyewitness testimony of the intent and the crime of genocide against the Armenians. After a long and painstaking effort, the authors, one an Armenian, the other a Turk, generally recognized as the foremost experts on the Armenian Genocide, have prepared a new, authoritative translation and detailed analysis of the Takvim-i Vekayi, the official Ottoman Government record of the Turkish Military Tribunals concerning the crimes committed against the Armenians during World War I. The authors have compiled the documentation of the trial proceedings for the first time in English and situated them within their historical and legal context. These documents show that Wartime Cabinet ministers, Young Turk party leaders, and a number of others inculpated in these crimes were court-martialed by the Turkish Military Tribunals in the years immediately following World War I. Most were found guilty and received sentences ranging from prison with hard labor to death. In remarkable contrast to Nuremberg, the Turkish Military Tribunals were conducted solely on the basis of existing Ottoman domestic penal codes. This substitution of a national for an international criminal court stands in history as a unique initiative of national self-condemnation. This compilation is significantly enhanced by an extensive analysis of the historical background, political nature and legal implications of the criminal prosecution of the twentieth century's first state-sponsored crime of genocide.

Vahakn N. Dadrian was director of a large Genocide Study Project with sustained support by the National Science Foundation and the H. F. Guggenheim Foundation. The project's first major achievement was the publication of an extensive volume, "The History of the Armenian Genocide: Ethnic Conflict from the Balkans to Anatolia to the Caucasus" (Berghahn Books 1995), now in its 8th edition, which has been translated into Arabic, French, Greek, Italian, Russian, Spanish and Turkish. In 2005, he received four separate awards for his lifetime contribution to genocide studies. He taught at the State University of New York (SUNY) system (1970-1991) and has been Director of Genocide Research at the Zoryan Institute since 1999.

Taner Akcam was born in the province of Ardahan in the northeast of Turkey. As the editor-in-of a political journal, he was arrested in 1976 and sentenced to 10 years' imprisonment. One year later, he escaped and fled to Germany as a political refugee. He is the first Turkish scholar to have drawn attention to the historicity of the Armenian Genocide and has been persecuted by the Turkish state for it. In April 2006, the Commonwealth of Massachusetts presented him with a distinguished award for his outstanding work in human rights and fighting genocide denial. Currently, he is Associate Professor of History and the Kaloosdian/Mugar Chair in Armenian Genocide Studies at the Center for Holocaust and Genocide Studies, Clark University"

The International Tribunal for the Law of the Sea (Hardcover): Kriangsak Kittichaisaree The International Tribunal for the Law of the Sea (Hardcover)
Kriangsak Kittichaisaree
R2,906 Discovery Miles 29 060 Ships in 10 - 15 working days

Written by an incumbent Judge of the International Tribunal for the Law of the Sea, this volume in the Elements of International Law series shows why a stable legal regime governing the uses and management of the oceans is such an important feature of international relations. Providing a fresh, objective, and non-argumentative approach to the discipline of international law, the Elements series is an accessible go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students. In seven incisive chapters, Judge Kittichaisaree provides a clear overview of the organization and structure of the Tribunal and explores the various dispute mechanisms and advisory opinions that lie at the heart of its jurisprudence. He further guides readers through ITLOS' intended role as the main dispute settlement mechanism for the international law of the sea. With first-hand experience and detailed analysis of the relevant instruments and prominent cases, he sheds light on the inner workings of the Tribunal, providing an accessible and invaluable resource for students and practitioners alike. The final chapter concludes by considering ITLOS' place in the settlement of future disputes in the law of the sea.

Interim Measures Indicated by International Courts (Hardcover, 1994 ed.): Rudolf Bernhardt Interim Measures Indicated by International Courts (Hardcover, 1994 ed.)
Rudolf Bernhardt
R1,545 Discovery Miles 15 450 Ships in 10 - 15 working days

Professor Hermann Mosler, former Director of the Max Planck Institute for Comparative Public Law and International Law, former Judge and Vice President of the European Court of Human Rights, Judge of the Interna tional Court of Justice from 1976 to 1985, celebrated his 80th birthday at the end of the year 1992. On 22nd January 1993, the Max Planck Institute organized a colloquium in honour of Hermann Mosler, on a topic which is of theoretical as weIl as practical interest: Interim Measures Indicated by International Courts. The participants of the colloquium were outstanding scholars and experts in the area of international dispute settlement. The present publication is based on the colloquium of January 1993. It contains four reports, namelyon the International Court of Justice (Thirl way), the Court of Justice of the European Communities (Jacobs), the Inter-American Court of Human Rights (Buergenthal) and the European Court of Human Rights (Bernhardt). Three of the reports were orally pre sented and discussed, and they have been revised and expanded for this publication; the report by Thomas Buergenthal could only be submitted in writing. In preparing the colloquium the authors were requested to concentrate their contributions on the following questions : 1. Legal bases for the indication of interim measures (convention, statute, rules of court). 2. Conditions for the indication of interim measures (jurisdiction, compe tence, admissibility, urgency, necessity - irreparable damage -; request of the parties andjor indication by the court proprio molu).

The Development of International Law by the International Court of Justice (Hardcover): Christian J. Tams, James Sloan The Development of International Law by the International Court of Justice (Hardcover)
Christian J. Tams, James Sloan
R4,130 Discovery Miles 41 300 Ships in 10 - 15 working days

This book traces the impact that the International Court of Justice (ICJ), the principal judicial organ of the United Nations, has had on various areas of international law. A number of prominent international experts examine whether, and to what extent, international law has been shaped by the Court's jurisprudence. The informal development of international law through the Court's judgments contrasts with the development of international law through more deliberate means, such as treaty-making. Assessing key areas of international law over which the ICJ has exercised its jurisdiction, such as international environmental law, international human rights, the law of the sea, and the law of immunities, this book comprehensively details the impact of international jurisprudence on contemporary international law. Continuing the work started by Sir Hersch Lauterpacht's influential book The Development of International Law by the Permanent Court of International Justice, this book provides key new insights into the role of the Court in wider international law. It makes required reading for anyone studying the ways in which international courts have in shaped the evolution of international law.

Nuclear Weapons and International Law - 3rd edition (Hardcover, 3rd New edition): Geoffrey Darnton Nuclear Weapons and International Law - 3rd edition (Hardcover, 3rd New edition)
Geoffrey Darnton; Contributions by Colin Archer, Richard Falk, Nicholas Grief, David Krieger
R1,290 Discovery Miles 12 900 Ships in 10 - 15 working days
The Legacy of Punishment in International Law (Hardcover): H. Gould The Legacy of Punishment in International Law (Hardcover)
H. Gould
R1,395 Discovery Miles 13 950 Ships in 18 - 22 working days

"The Legacy of Punishment in International Law illustrates how 17th and 18th century rationales for the use of force in support of piracy and colonialism have been transformed into progressive features of contemporary International Law. The classic practice of international punishment was a part of the jus ad bellum, and was the fig leaf for intra-European violence, and for the European conquest of the Americas. It has been transformed, however, into the basis for the assertion of a set of unconditionally, universally binding rules of international law, and for universal jurisdiction over perpetrators of crimes against humanity and war crimes"--

Optional Choice of Court Agreements in Private International Law (Hardcover, 1st ed. 2020): Mary Keyes Optional Choice of Court Agreements in Private International Law (Hardcover, 1st ed. 2020)
Mary Keyes
R4,331 Discovery Miles 43 310 Ships in 18 - 22 working days

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.

Transforming International Criminal Justice (Paperback): Mark Findlay, Ralph Henham Transforming International Criminal Justice (Paperback)
Mark Findlay, Ralph Henham
R1,526 Discovery Miles 15 260 Ships in 10 - 15 working days

This book sets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities through collaboration of currently competing paradigms. It reflects a transformation of thinking about the comparative analysis of the trial process, and seeks to advance the boundaries of international criminal justice through wider access and inclusivity in an environment of rights protection.Collaborative justice is advanced as providing the future context of international criminal trials. The book's radical dimension is its argument for the harmonization of restorative and retributive justice within the international criminal trial. The focus is initially on the trial process, a key symbol of developing international styles of justice. It examines theoretical models and political applications of criminal justice through detailed empirical analysis, in order to explore the underlying relationship of theory and empirical study, applying the outcome in theory testing and policy evaluation in several different jurisdictions. The book injects a significant comparative dimension into the study of international criminal justice.This is achieved through searching the traditional foundations of internationalism in justice by employing an original methodology to enable a multi-dimensional exploration of contexts (local, regional and global), so recognising the importance of difference within an agenda suggesting synthesis.The book argues for a concept of international trial within a 'rights paradigm', understood against different procedural traditions and practices, and provides a detailed description of trials and trial decision-making in various jurisdictions. Transforming International Criminal Justice also sets out to develop effective research strategies as part of its interrogation of specific trial narratives and meanings in contemporary legal cultures. Key themes are those of internationalisation, fair trial and the exercise of discretion in justice resolutions (sentencing in particular), and the lay/professional relationship and its dynamics. Finally, the book provides a searching critique of the relevance of existing criminology and legal sociology in relation to international criminal justice, and speculates on trial transformation and the merger of retributive and restorative international criminal justice. comparative analysis of the criminal trial process internationallyargues for harmonization of retributive and restorative justice within the international criminal trialsets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities

International Law in Domestic Courts: Rule of Law Reform in Post-Conflict States (Hardcover, New): Edda Kristjansdottir, Andre... International Law in Domestic Courts: Rule of Law Reform in Post-Conflict States (Hardcover, New)
Edda Kristjansdottir, Andre NollKaemper, Cedric Ryngaert
R2,398 Discovery Miles 23 980 Ships in 10 - 15 working days

States that are in transition after a violent conflict or an authoritarian past face daunting challenges in (re)establishing the rule of law. This volume examines in detail attempts that were made in certain significant post-conflict or post-authoritarian situations to strengthen the domestic rule of law with the aid of international law. Attention is paid in particular to the empowerment of domestic courts in such situations. International law may serve these courts as a tool for reconciling the demands for new rights and responsibilities with due process and other rule of law requirements. The volume contains case studies of the role of domestic courts in various post-conflict and transitional situations (Balkans, Iraq, Afghanistan, Nepal, East Timor, Russia, South Africa, and Rwanda). Each of these case studies seeks to answer questions relating to the exact constitutional moment empowering domestic courts to apply international law, the range of international legal norms that are applied, the involvement of international actors in bringing about change, the contextualization of international legal norms in states in transition, tension within such states as a result of the application of international law, and the legacy of domestic courts' empowerment in terms of durable rule of law entrenchment.

New Directions in Judicial Politics (Hardcover): Kevin T. McGuire New Directions in Judicial Politics (Hardcover)
Kevin T. McGuire
R4,939 Discovery Miles 49 390 Ships in 10 - 15 working days

With its often vague legal concepts and institutions that operate according to unfamiliar procedures, judicial decision-making is, in many respects, a highly enigmatic process. New Directions in Judicial Politics seeks to demystify the courts, offering students the insights of empirical research to address questions that are of genuine interest to students.

In addition to presenting a set of conclusions about the way in which courts operate, this book also provides students with a sense of the craft of political research, illustrating how one can account for a variety of factors that might affect the courts and how they operate. New Directions in Judicial Politics invites critical thinking, not only about the original research presented by some of the most noted scholars in the field, but also about the validity and generalizability of material encountered in a study of judicial politics.

International Criminal Tribunals - Justice and Politics (Hardcover, New): Y. Beigbeder International Criminal Tribunals - Justice and Politics (Hardcover, New)
Y. Beigbeder
R2,689 Discovery Miles 26 890 Ships in 18 - 22 working days

The book summarizes the work of international criminal courts focusing on the political challenges faced by them. It is a practical, comprehensive manual on the origin and development of international criminal justice and includes the criminal tribunals of Nuremberg, Tokyo, Yugoslavia, Rwanda, East Timor, Sierra Leone, Cambodia, Lebanon, Iraq.

Formalisation and Flexibilisation in Dispute Resolution (Hardcover): Joachim Zekoll, Moritz Balz, Iwo Amelung Formalisation and Flexibilisation in Dispute Resolution (Hardcover)
Joachim Zekoll, Moritz Balz, Iwo Amelung
R6,340 Discovery Miles 63 400 Ships in 18 - 22 working days

In Formalisation and Flexibilisation in Dispute Resolution, scholars from four continents examine both historical and recent developments that cast doubt on the validity of the widespread assumption that alternative dispute resolution (ADR) can be distinguished from state-based proceedings by invoking the contrasting labels of informal justice versus formal law.

The International Criminal Court - An International Criminal World Court? - Jurisdiction and Cooperation Mechanisms of the Rome... The International Criminal Court - An International Criminal World Court? - Jurisdiction and Cooperation Mechanisms of the Rome Statute and its Practical Implementation (Hardcover, 1st ed. 2018)
Sarah Babaian
R3,114 Discovery Miles 31 140 Ships in 18 - 22 working days

This book provides an analysis of whether the International Criminal Court can be regarded as an International Criminal World Court, capable of exercising its jurisdiction upon every individual despite the fact that not every State is a Party to the Rome Statute. The analysis is based on a twin-pillar system, which consists of a judicial and an enforcement pillar. The judicial pillar is based on the most disputed articles of the Rome Statute; its goal is to determine the potential scope of the Court's strength through the application of its jurisdiction regime. The enforcement pillar provides an analysis of the cooperation and judicial assistance mechanism pursuant to the Rome Statute's provisions and its practical implementation through States' practices. The results of the analysis, and the lack of an effective enforcement mechanism, demonstrate that the ICC cannot in fact be considered a criminal world court. In conclusion, possible solutions are presented in order to improve the enforcement pillar of the Court so that the tremendous strength of the ICC's judicial pillar, and with it, the exercise of worldwide jurisdiction, can be effectively implemented.

Transforming International Criminal Justice (Hardcover): Mark Findlay, Ralph Henham Transforming International Criminal Justice (Hardcover)
Mark Findlay, Ralph Henham
R4,529 Discovery Miles 45 290 Ships in 10 - 15 working days

This book sets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities through collaboration of currently competing paradigms. It reflects a transformation of thinking about the comparative analysis of the trial process, and seeks to advance the boundaries of international criminal justice through wider access and inclusivity in an environment of rights protection.Collaborative justice is advanced as providing the future context of international criminal trials. The book's radical dimension is its argument for the harmonization of restorative and retributive justice within the international criminal trial. The focus is initially on the trial process, a key symbol of developing international styles of justice. It examines theoretical models and political applications of criminal justice through detailed empirical analysis, in order to explore the underlying relationship of theory and empirical study, applying the outcome in theory testing and policy evaluation in several different jurisdictions. The book injects a significant comparative dimension into the study of international criminal justice.This is achieved through searching the traditional foundations of internationalism in justice by employing an original methodology to enable a multi-dimensional exploration of contexts (local, regional and global), so recognising the importance of difference within an agenda suggesting synthesis.The book argues for a concept of international trial within a 'rights paradigm', understood against different procedural traditions and practices, and provides a detailed description of trials and trial decision-making in various jurisdictions. Transforming International Criminal Justice also sets out to develop effective research strategies as part of its interrogation of specific trial narratives and meanings in contemporary legal cultures. Key themes are those of internationalisation, fair trial and the exercise of discretion in justice resolutions (sentencing in particular), and the lay/professional relationship and its dynamics. Finally, the book provides a searching critique of the relevance of existing criminology and legal sociology in relation to international criminal justice, and speculates on trial transformation and the merger of retributive and restorative international criminal justice. comparative analysis of the criminal trial process internationallyargues for harmonization of retributive and restorative justice within the international criminal trialsets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities

States of Justice - The Politics of the International Criminal Court (Paperback): Oumar Ba States of Justice - The Politics of the International Criminal Court (Paperback)
Oumar Ba
R668 Discovery Miles 6 680 Ships in 10 - 15 working days

This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the "justice cascade" argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.

Redfern and Hunter on International Arbitration (Hardcover, 6th Revised edition): Nigel Blackaby, Constantine Partasides, Alan... Redfern and Hunter on International Arbitration (Hardcover, 6th Revised edition)
Nigel Blackaby, Constantine Partasides, Alan Redfern, Martin Hunter
R8,737 Discovery Miles 87 370 Ships in 10 - 15 working days

This leading commentary on international commercial arbitration, now in its sixth edition, is an essential guide for arbitrators, lawyers, and students. Based on the authors' extensive experience as counsel and arbitrators, it provides an updated explanation of all elements of the law and practice of arbitration. This text provides an authoritative guide to the international arbitral process, from the drafting of the arbitration agreement to the enforcement of arbitral awards. The sixth edition has been updated to incorporate reference to the latest significant developments in the field such as the new LCIA, ICC and UNCITRAL Rules and new IBA Guidelines. There will also be an increased reference to international arbitral authority and practice from beyond Europe (China, India, and the US). Following the chronology of an arbitration, the book covers applicable laws, arbitration agreements, the establishment and powers of a tribunal, the conduct of proceedings and the role of domestic courts. In addition, it provides an in-depth examination of the award itself, and comments on the special considerations applying to arbitrations brought under investment treaties. It draws on examples of the rules and practice of arbitration at the International Chamber of Commerce, the London Court of International Arbitration, the American Arbitration Association, the International Centre for Settlement of Investment Disputes and the United Nations Commission on International Trade Law.

The Fuller Court - Justices, Rulings, and Legacy (Hardcover, New): James W. Ely The Fuller Court - Justices, Rulings, and Legacy (Hardcover, New)
James W. Ely
R2,070 Discovery Miles 20 700 Ships in 10 - 15 working days

A fresh interpretation of the workings and legacy of the Supreme Court during the tenure of Chief Justice Melville W. Fuller. The Fuller Court: Justices, Rulings, and Legacy presents an in-depth analysis of the decisions and impact of the U.S. Supreme Court during the twenty-two year reign of Chief Justice Melville W. Fuller. An exploration of key Court decisions-ranging from railroad rate regulation and the Due Process Clause to the 1894 income tax-reveals how the Court assigned a high priority to individual liberty, which it defined largely in economic terms. A revealing discussion of the Commerce Clause and the Interstate Commerce Commission shows how the Fuller Court both limited and accepted some expansion of federal authority. Profiles of the nineteen justices who served on the Fuller Court place a special emphasis on those who made the most significant impact, including John Marshall Harlan, Samuel F. Miller, and Oliver Wendell Holmes, Jr. Places the work of the Fuller Court in historical context and examines the economic and social changes that were transforming U.S. society at the end of the 19th century Provides an analysis of the historical impact and continuing legacy of the Fuller Court's decisions in the areas of federalism, protection of liberty, and the rights of property owners

The Temporal Jurisdiction of International Tribunals (Hardcover): Nick Gallus The Temporal Jurisdiction of International Tribunals (Hardcover)
Nick Gallus
R4,950 Discovery Miles 49 500 Ships in 10 - 15 working days

The period of an international tribunal's temporal jurisdiction is the span of time during which an act must have occurred before the tribunal may consider if the act breached an obligation. There are many questions concerning this particular aspect of an international tribunal's jurisdiction: Does a tribunal have power over acts that occurred after the entry into force of the obligation allegedly breached, but before the tribunal's jurisdiction was accepted? What about acts that began before the tribunal's jurisdiction was accepted but continued after? To what extent can acts before the period of the tribunal's jurisdiction affect its decision on whether or not there is a breach through acts afterwards? The Temporal Jurisdiction of International Tribunals examines these questions in depth. Despite its importance, the temporal jurisdiction of international tribunals is not well understood. Tribunals often confuse different aspects of their jurisdiction and refuse to hear cases they should have heard, or agree to hear cases they should not. This book reduces this confusion by clarifying the different limits on the temporal jurisdiction of international tribunals and the important distinctions between those limits. The book examines the temporal limits resulting from (i) the entry into force of the obligation supposedly breached, (ii) the acceptance of the tribunal's jurisdiction, and (iii) from the period of limitation, as well as the effect of acts that occurred before these limits. Throughout the book, the author comprehensively compares decisions from a wide variety of sources, including the International Court of Justice, Human Rights Courts, World Trade Organization panels, and investment treaty tribunals. It comments on decisions that arose from some of the most notorious events of the twentieth century, including the "Katyn Massacre" of the Second World War, the 1994 Rwandan genocide, and the "forced disappearance" of American political opponents. It reviews these decisions and identifies common principles that help define the temporal jurisdiction of tribunals to decide breaches of international law. This book is essential for anyone practicing in international law, and anyone building a case that could be affected by temporal jurisdiction.

Justice in Conflict - The Effects of the International Criminal Court's Interventions on Ending Wars and Building Peace... Justice in Conflict - The Effects of the International Criminal Court's Interventions on Ending Wars and Building Peace (Hardcover)
Mark Kersten
R2,912 Discovery Miles 29 120 Ships in 10 - 15 working days

What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

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