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The boundaries between core crimes and transnational crimes are
blurring. Should prosecution and trial of transnational crimes be
transferred from national to international jurisdictions? Or should
criminal law repression in respect of such crimes remain the
prerogative of the state? Cutting edge contributions to this book
demonstrate that there is no ?one-size-fits-all? answer to these
questions. Addressing the distinctions and commonalities of
transnational and international crimes, eminent contributors
discuss the implications of this relationship in the realm of law
enforcement. This book critically reflects on the connection
between ?core crimes? of the International Criminal Court
including; war crimes, crimes against humanity, genocide,
aggression, and several newly emerging transnational crimes. In
view of this gradual merger of the categories, one of the major
questions is whether the distinction in legal regime is still
warranted. Significantly, the human rights consequences of
transnational criminal law enforcement are brought to attention in
this timely study. Academics and students of law, officials, policy
makers and practicing criminal lawyers, will all greatly benefit
from the crucial insight into the future of handling transnational
crime. Contributors include: I. Bantekas, M. Bo, N. Boister, H.
Bosdriesz, I. Braber, N. Bussolati, A. Chehtman, M.L. Ferioli, S.
Gless, C. Jalloh, G. Nessi, H. Olasolo, C. Paulussen, H. van der
Wilt, D. van Leeuwen, S. Wirken
Author is a recognised leading expert in the field of extradition,
and has served as a judge in Special Chamber on International
Criminal Cooperation in Criminal Matters of the District Court of
Amsterdam. Offers a comprehensive overview of key topics in
extradition law Comparative approach includes case studies from a
wide range of jurisdictions to give students a sense of extradition
law in context Extradition is an increasingly important topic as
governments and law enforcement agencies seek to keep pace with
rising transnational crime
Author is a recognised leading expert in the field of extradition,
and has served as a judge in Special Chamber on International
Criminal Cooperation in Criminal Matters of the District Court of
Amsterdam. Offers a comprehensive overview of key topics in
extradition law Comparative approach includes case studies from a
wide range of jurisdictions to give students a sense of extradition
law in context Extradition is an increasingly important topic as
governments and law enforcement agencies seek to keep pace with
rising transnational crime
Jus cogens is a formidable yet elusive concept of international
law. Since its incorporation in the Vienna Convention on the Law of
Treaties some 35 years ago, it has made tentative inroads into
international legal practice. But its role in international law is
arguably less prominent than might have been expected on the basis
of its powerful potential and in view of wider developments in
international law that call for constitutionalisation and
hierarchy, including the processes of fragmentation and
humanization. This volume of the Netherlands Yearbook of
International Law sets out to clarify the concepts and doctrines
relevant to jus cogens and to sharpen the debate on its theoretical
foundations, functions and legal effects. To that purpose, the
volume brings together contributions on the genesis and function of
jus cogens, on the application of jus cogens in specialised areas
of international law and on its enforcement and legal consequences.
Together, they reinforce the understanding of jus cogens as a
hierarchical concept of international law and shed light on its
potential for further development.
This volume of the Netherlands Yearbook of International Law (NYIL)
addresses the question how the assumption that states have a common
obligation to achieve a collective public good can be reconciled
with the fact that the 195 states of today's world are highly
diverse and increasingly unequal in terms of size, population,
politics, economy, culture, climate and historical development. The
idea of common but differentiated responsibilities is on paper the
perfect bridge between the factual inequality and formal equality
of states. The acknowledgement that states can have common but
still different - more or less onerous - obligations is predicated
on the moral and legal concept of global solidarity. This book
encompasses general contributions on the function and the content
of the related principles, chapters that describe and evaluate how
the principles work in a specific area of international law and
chapters that address their efficiency and broader ramifications,
in terms of compliance, free-rider behaviour and shifting balances
of power. The originality of the book resides in the integration of
conceptual, comparative and practical dimensions of the principles
of global solidarity and common but differentiated
responsibilities. The book is therefore highly recommended reading
for both academics with a theoretical interest and those working
within international organisations. The Netherlands Yearbook of
International Law was first published in 1970. It offers a forum
for the publication of scholarly articles in a varying thematic
area of public international law.
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