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After having ignored victims, only recently both domestic and
international law have begun to pay attention to them. As a
consequence, different international norms related to victims have
progressively been introduced. These are norms generally
characterized by a certain concept from the perspective of victims,
as well as by the enumeration of a list of rights to which they are
entitle to; rights upon which the international statute of victims
is built. In reverse, these catalogues of rights are the states'
obligations. Most of these rights are already existent in the
international law of human rights. Consequently, they are not new
but consolidated rights. Others are strictly linked to victims,
concerning the following categories: victims of crime, victims of
abuse of power, victims of gross violations of international human
rights law, victims of serious violations of international
humanitarian law, victims of enforced disappearance, victims of
violations of international criminal law and victims of
terrorism.
The book deals with the secession/separation of territorial entities and the legal consequences that derive from it both for the parent state and for the seceded/separated entity or the entity that intends to secede/separate. This subject is approached from the triple perspective of international law, comparative law, and Spanish law.International law, because it is this legal system which contains the general legal framework within which this issue must be dealt with. Thus, for example, the legal basis of the right to self-determination, the constituent elements of the state, the recognition of states and governments, succession in the matter of treaties, succession in membership of International Organisations, etc.Moreover, international law is also the reference invoked by secessionist/independentist political projects within states in an attempt to provide a legal basis for the legality of their claim.Comparative law, in order to find out not only how most state constitutions deal with secession or independence of their territories, but also the jurisprudence handed down by national courts on the matter (USA, Canada, Italy, France, Spain, among others).And finally, Spanish Law, because the perspective chosen to address the object of study is from the perspective of Spain.
After having ignored victims, only recently both domestic and international law have begun to pay attention to them. As a consequence, different international norms related to victims have progressively been introduced. These are norms generally characterized by a certain concept from the perspective of victims, as well as by the enumeration of a list of rights to which they are entitle to; rights upon which the international statute of victims is built. In reverse, these catalogues of rights are the states' obligations. Most of these rights are already existent in the international law of human rights. Consequently, they are not new but consolidated rights. Others are strictly linked to victims, concerning the following categories: victims of crime, victims of abuse of power, victims of gross violations of international human rights law, victims of serious violations of international humanitarian law, victims of enforced disappearance, victims of violations of international criminal law and victims of terrorism.
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Hiking Beyond Cape Town - 40 Inspiring…
Nina du Plessis, Willie Olivier
Paperback
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