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The definition of organised crime has long been the object of
lively debate, at national and international level. Sociological
and legal analysis has not yet led to one definitive answer to the
question of what exactly 'organised crime' means. Nonetheless, many
instruments adopted both at international and national levels set
forth special legal regimes designed to target criminal groups
featuring a stable organisation, which are perceived as
particularly dangerous to society. Therefore, identifying the
notion of organised crime is crucial to establishing the scope of
any legal instrument specifically designed for combating it. The
aim of this book is to reassess the scope, the effectiveness and
the overall coherence of existing definitions of organised crime,
and to identify any need for a reconsideration of these
definitions, specifically with reference to the EU legal order. It
will be of interest to academics, practitioners and legislators
working in the sphere of EU criminal law and of organised crime
more generally.
The International Court of Justice is the principal judicial organ
of the United Nations, and epitomizes the very notion of
international judicial institution. Yet, it decides inter-State
disputes only with the parties' consent. This makes it more similar
to international arbitral tribunals than other international
courts. However, the permanent nature of the Court, the
predetermination of procedural rules by the Statute and the Rules
of Court, the public character of proceedings, the opportunity for
third States to intervene in a case under Articles 62 and 63 of the
Statute and the Court's role as the principal judicial organ of the
United Nations mark a structural difference between the ICJ and
non-institutionalized international arbitral tribunals. This book
analyses if and to what extent these features have influenced the
approach of the ICJ (and of the PCIJ before it) to its own judicial
function and have led it to depart from the principles established
in international arbitration.
The book explores the current role of nationality from the point of
view of international law, reassessing the validity of the
'classical', state-centered, approach to nationality in light of
the 'new' role the human being is gradually acquiring within the
international legal order. In this framework, the collection
assesses the impact of international human rights rules on the
international discourse on nationality and explores the
significance international (including private international) law
attaches to the links individuals may establish with states other
than that of nationality. The book weighs the significance of the
bond of nationality in the context of regional integration systems,
and explores the fields of international law in which nationality
still plays a pivotal role, such as diplomatic protection and
dispute settlement in international investment law. The collection
includes contributions from legal scholars of different
nationalities and academic backgrounds, and offers an excellent
resource for academics, practitioners and students undertaking
advanced studies in international law.
The book explores the current role of nationality from the point of
view of international law, reassessing the validity of the
'classical', state-centered, approach to nationality in light of
the 'new' role the human being is gradually acquiring within the
international legal order. In this framework, the collection
assesses the impact of international human rights rules on the
international discourse on nationality and explores the
significance international (including private international) law
attaches to the links individuals may establish with states other
than that of nationality. The book weighs the significance of the
bond of nationality in the context of regional integration systems,
and explores the fields of international law in which nationality
still plays a pivotal role, such as diplomatic protection and
dispute settlement in international investment law. The collection
includes contributions from legal scholars of different
nationalities and academic backgrounds, and offers an excellent
resource for academics, practitioners and students undertaking
advanced studies in international law.
The definition of organised crime has long been the object of
lively debate, at national and international level. Sociological
and legal analysis has not yet led to one definitive answer to the
question of what exactly 'organised crime' means. Nonetheless, many
instruments adopted both at international and national levels set
forth special legal regimes designed to target criminal groups
featuring a stable organisation, which are perceived as
particularly dangerous to society. Therefore, identifying the
notion of organised crime is crucial to establishing the scope of
any legal instrument specifically designed for combating it. The
aim of this book is to reassess the scope, the effectiveness and
the overall coherence of existing definitions of organised crime,
and to identify any need for a reconsideration of these
definitions, specifically with reference to the EU legal order. It
will be of interest to academics, practitioners and legislators
working in the sphere of EU criminal law and of organised crime
more generally.
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