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International Co Operation In Civil And Criminal Matters

Author : David McClean
ISBN : 9780191637216
Genre : Law
File Size : 23.67 MB
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For over a century states have co-operated in providing evidence for use in civil trials in other countries. The growth of international crimes such as drug-trafficking, money-laundering, terrorism, and insider-trading now pose a substantial threat to the economies and stability of states, and governments and international organizations have been quick to expand past experience into a variety of responses - both diplomatic and institutional - to the new international crimes. This book sets out the law applicable to co-operation between states in these areas, and investigates the relevant practice and case law. It discusses both the civil and criminal dimensions of international co-operation. The new edition incorporates the vast number of developments that have taken place since the previous edition published in 2002, including the European Union's resolve to build an area of freedom, security, and justice, and the recent major update of the Commonwealth Scheme.
Category: Law

The Soviet Union And International Cooperation In Legal Matters 3 Criminal Law

Author : George Ginsburgs
ISBN : 0792330943
Genre : Law
File Size : 28.66 MB
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The present title is the last in a three-volume set addressing the umbrella theme of The Soviet Union and International Cooperation in Legal Matters'. The preceding installments treated the Soviet Union's record in the field of commercial arbitration and civil law, respectively. With the U.S.S.R. dead, use of the term Soviet Union' may call for some justification. In this instance, the desire to preserve stylistic continuity plays a role in the choice. Furthermore, the bulk of the monograph really does deal with the Soviet Union's track record in this domain on the assumption that much of its repertory in this theatre will be salvaged through the machinery of state succession in fairly intact or recognizable shape and affect the deployment of future modes of management of these affairs en route to stripping the old inventory of its socialist' attributes and updating the core package. In that sense, the volume marks the end of a Soviet branch of international law and the dawn of a new discipline of research in the local brand of post-Soviet international law. It seems safe to say, though, that whatever lies ahead is going to have its roots in the country's contemporary history, and understanding these antecedents will make the job of figuring out what to expect next a bit easier. The study concentrates essentially on post-World War II repertory, with some reference to pre-1945 antecedents in order to put the picture in a clearer perspective.
Category: Law

Rethinking International Cooperation In Criminal Matters In The Eu

Author : Gert Vermeulen
ISBN : 9789046604878
Genre : Law
File Size : 30.12 MB
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In the European Union, international cooperation in criminal matters has grown exponentially over the past few decades. Importantly, there are a wide variety of authorities involved therein, rendering the traditional distinction between police and judicial cooperation as outdated. Furthermore, its rapid growth exposed this policy field to inconsistencies and incoherence. Additionally, despite the wave of new legislation, important lacunae can be identified, setting important challenges for the future. The combination of these issues clarifies the title of this book: there is a pressing need to rethink international cooperation in criminal matters. In answer to a call from the European Commission, the contributors of this book have designed a comprehensive methodological framework to review the entirety of international cooperation in criminal matters, combining desktop reviews, expert consultations, Member State questionnaires, and focus group meetings in each of the Member States to obtain a comprehensive overview of the currently experienced obstacles and future policy options that are both needed and feasible. Over 150 individuals from different backgrounds contributed to the study, including academics, lawyers, policy makers, police, customs, intelligence services, prosecution, judiciary, correctional authorities, Ministries of Justice, and Home Affairs. The book provides an overview of the research findings and the recommendations formulated. These findings include, but are not limited to: (1) a helicopter view on cooperation with criminal justice finality, (2) a clear demarcation of the role of the judicial authorities, (3) a comprehensive review of refusal grounds, including proportionality and capacity concerns, (4) an assessment of gaps in the current body of instruments regulating international cooperation in criminal matters and possible remedies thereto, (5) a well-considered further development of Eurojust, and (6) ensuring EU wide effect of mere domestic actions. This book represents the first overall analysis of the entirety of international cooperation in criminal matters in the EU. As essential reading, it is an analysis that moves beyond the actors, bringing logic back, footed in reality. (Series: Institute for International Research on Criminal Policy [IRCP] - No. 42)
Category: Law

International Co Operation In Litigation

Author : Hans Smit
Genre : Law
File Size : 83.6 MB
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The reports collected in this book were prepared at the initiative and under the auspices of the Project on International Procedure of the School of Law of Columbia University within the framework of its co-operation with the Commission on International Rules of Judicial Procedure, a body created by Act of Congress of September 2, 1958, 72 Stat. 1743. The Commission is charged with studying domestic and foreign procedures of international co-operation in litigation with a view to suggesting improvements. Since June 1960, the Project has assisted the Commission in carrying out this statutorily assigned task. Work on the reports here presented was begun in the fall of 1960. The Project invoked the assistance of an active practitioner in each of the foreign countries se1ected and submitted to hirn an extensive questionnaire summarizing American procedures and posing detailed quest ions about foreign practices. The elaborate answers to these questionnaires provided the information on which the American co authors relied in drafting the English versions of the reports. By having proceeded in this fashion, the Project hopes to have prepared reports that reflect the knowledge and experience of the foreign practitioners and at the same time are drafted in terms intelligible to common law lawyers. Furthermore, to ensure that the reports would take due account of official views, in almost all instances, final drafts of the reports were submitted for comments and suggestions to appropriate foreign public officials.
Category: Law

Crime International Co Operation Act 2003

Author :
ISBN : 0105432032
Genre : Transnational crime
File Size : 86.79 MB
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Royal assent, 30th October 2003. Explanatory notes have been produced to assist in the understanding of this Act and are available separately (ISBN 0105632031). Partially revoked by S.I. 2015/583 (ISBN 9780111132531). An Act to make provision for furthering co-operation with other countries in respect of criminal proceedings and investigations; to extend jurisdiction to deal with terrorist acts or threats outside the United Kingdom; to amend section 5 of the Forgery and Counterfeiting Act 1981 and make corresponding provision in relation to Scotland
Category: Transnational crime

The Soviet Union And International Cooperation In Legal Matters

Author : George Ginsburgs
ISBN : 0792313321
Genre : Law
File Size : 25.74 MB
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The present title is the second in a three-volume set addressed to the general theme of The Soviet Union and International Cooperation in Legal Matters.' This project will concentrate essentially on the post-World War II repertory, with some reference to pre-1945 antecedents in order to put the picture in a clearer perspective. The preceding volume, published in 1988, treated the Soviet Union's record in the field of commercial arbitration and the last one in this three-volume set is scheduled to consider its related practices in the domain of criminal law. In Part II the author analyzes the ensemble of rules observed between states whereby the legal organs of one will procure for the legal organs of the other procedural services designed to facilitate performance by the recipient party of its mission to administer justice'.
Category: Law

The Law Of Investor Protection

Author : Jonathan Fisher
ISBN : 0421673001
Genre : Financial services industry
File Size : 75.2 MB
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This work offers coverage of the law (legislation and case) which protects investors and regulates all those involved in the investment history, drawing together all aspects of the investor protection field.
Category: Financial services industry