THE ASHGATE RESEARCH COMPANION TO INTERNATIONAL CRIMINAL LAW CRITICAL PERSPECTIVES

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The Ashgate Research Companion To International Criminal Law

Author : Yvonne McDermott
ISBN : 9781317043157
Genre : Law
File Size : 75.23 MB
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International criminal law is at a crucial point in its history and development, and the time is right for practitioners, academics and students to take stock of the lessons learnt from the past fifteen years, as the international community moves towards an increasingly uni-polar international criminal legal order, with the International Criminal Court (ICC) at the helm. This unique Research Companion takes a critical approach to a wide variety of theoretical, practical, legal and policy issues surrounding and underpinning the operation of international criminal law as applied by international criminal tribunals. The book is divided into four main parts. The first part analyses international crimes and modes of liability, with a view to identifying areas which have been inconsistently or misguidedly interpreted, overlooked to date or are likely to be increasingly significant in future. The second part examines international criminal processes and procedures, and here the authors discuss issues such as victim participation and the rights of the accused. The third part is a discussion of complementarity and sentencing, while the final part of the book looks at international criminal justice in context. The authors raise issues which are likely to provide the most significant challenges and most promising opportunities for the continuing development of this body of law. As international criminal law becomes more established as a distinct discipline, it becomes imperative for international criminal scholarship to provide a degree of critical analysis, both of individual legal issues and of the international criminal project as a whole. This book represents an important collective effort to introduce an element of legal realism or critical legal studies into the academic discourse.
Category: Law

Ashgate Research Companion To International Criminal Law The Critical Perspectives

Author : William A. Schabas
ISBN : 1299398189
Genre : International criminal courts
File Size : 90.74 MB
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This unique research companion takes a critical approach to a wide variety of theoretical, practical, legal and policy issues surrounding and underpinning the operation of international criminal law as applied by international criminal tribunals. The authors raise issues which are likely to provide the most significant challenges and most promising opportunities for the continuing development of this body of law.
Category: International criminal courts

Fairness In International Criminal Trials

Author : Yvonne McDermott
ISBN : 9780191060410
Genre : Law
File Size : 82.92 MB
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With the acceptance of international criminal procedure as a self-sustaining discipline and as the tribunals established to try the most serious crimes in the former Yugoslavia, Sierra Leone, and Rwanda have completed or are beginning to wind up their activities, the time is ripe for a critical evaluation of these international criminal tribunals and their legacy. By examining the due process standards embraced by the five contemporary international criminal tribunals, the author draws conclusions about how the right to a fair trial should be interpreted in international criminal law. This volume addresses key conceptual questions on fairness, including: should international criminal tribunals set the highest standards of fairness, or is it sufficient for their practice to be 'just fair enough'? To whom does the right to a fair trial attach, and can actors such as the prosecution and victims be accurately said to benefit from that right? Does fairness require the full realization of a number of guarantees owed to the accused under the statutory frameworks of international criminal tribunals, or should we instead be concerned with the fairness of the trial 'as a whole'? What is the interplay between domestic and international courts on questions of procedural fairness? What are the elements of fairness in international criminal proceedings? And what remedies are available for breaches of fair trial rights? Through an in-depth exploration of the right to a fair trial, the author concludes that international criminal tribunals should have a role in setting the highest standards of due process protection in their procedures, and that in so doing, they can have a positive impact on domestic justice systems.
Category: Law

The Ashgate Research Companion To Feminist Legal Theory

Author : Vanessa E. Munro
ISBN : 9781317043416
Genre : Law
File Size : 20.93 MB
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As a distinct scholarly contribution to law, feminist legal theory is now well over three decades old. Those three decades have seen consolidation and renewal of its central concerns as well as remarkable growth, dynamism and change. This Companion celebrates the strength of feminist legal thought, which is manifested in this dynamic combination of stability and change, as well as in the diversity of perspectives and methodologies, and the extensive range of subject-matters, which are now included within its ambit. Bringing together contributors from across a range of jurisdictions and legal traditions, the book provides a concise but critical review of existing theory in relation to the core issues or concepts that have animated, and continue to animate, feminism. It provides an authoritative and scholarly review of contemporary feminist legal thought, and seeks to contribute to the ongoing development of some of its new approaches, perspectives, and subject-matters. The Companion is divided into three parts, dealing with 'Theory', 'Concepts' and 'Issues'. The first part addresses theoretical questions which are of significance to law, but which also connect to feminist theory at the broadest and most interdisciplinary level. The second part also draws on general feminist theory, but with a more specific focus on debates about equality and difference, race, culture, religion, and sexuality. The 'Issues' section considers in detail more specific areas of substantive legal controversy.
Category: Law

The Ashgate Research Companion To Chinese Foreign Policy

Author : Emilian Kavalski
ISBN : 9781317043898
Genre : Political Science
File Size : 56.56 MB
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The Ashgate Research Companion to Chinese Foreign Policy draws out the full range of topics and issues that characterise China's external affairs. The volume is intended to provide an overview of Chinese foreign policy that will be relevant both to experts in the field as well as those that are just starting to grapple with Beijing's international outlook. The investigation of Chinese foreign policy offered by the volume is divided into seven parts: - Part I focuses on the historical evolution of Chinese foreign policy by detailing the specific traditions and the altering paradigms of Beijing's external outlook proffered for the explanation and understanding of Chinese foreign policy - Part II discusses the different analytical perspectives proffered for the explanation and understanding of Chinese foreign policy - Part III considers the domestic sources of Chinese foreign policy - Part IV analyses the international impact of Beijing's outreach - Part V of the volume begins the exploration of China's relations with specific international actors - Part VI investigates the regional interactions of Chinese foreign policy - Part VII of the volume draws attention to several issues impacting both the practice and the understanding of Chinese foreign policy This Companion draws a vivid picture of the full spectrum of topics, issues, and relationships that define China's international interactions. The collection therefore provides a relevant point of departure for anyone interested in learning about Beijing's external affairs. Owing to the wide range of themes and ideas, this volume is essential reading for students of Chinese foreign policy.
Category: Political Science

The Ashgate Research Companion To Ethics And International Relations

Author : Patrick Hayden
ISBN : 9781317043539
Genre : Political Science
File Size : 27.25 MB
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While skepticism about the role of moral considerations in international politics has been influential within the discipline of international relations (IR), those writing on topics such as war, peace, rights and trade up until the twentieth century took seriously the importance of ethical values and moral debates. The 1990s and 2000s have seen a substantial growth of attention to the ways in which IR conceives and analyzes themes of an ethical nature, and how issues, problems and policies involving ethics are addressed by a variety of actors within the international system. This indispensable research companion widens the perspective from 'ethics and international relations' to 'ethics in international relations', redressing the (mis)perception that ethical concepts, principles, norms and rules are not in part constitutive of the international system and the agents acting within that system. Necessarily cross-disciplinary, expertise is drawn from IR and also philosophy, political theory, religious studies, history and law, making this an ideal volume for any library reference collection.
Category: Political Science

The Ashgate Research Companion To Political Violence

Author : Marie Breen-Smyth
ISBN : 9781317042099
Genre : Political Science
File Size : 52.19 MB
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Aimed at scholars, students and lay persons interested in peace and conflict studies, The Ashgate Research Companion to Political Violence is a comprehensive resource to understand the principal debates on political violence, a field which is becoming an increasingly important part of courses on peace and conflict. Organized into seven main sections, this volume deals with a wide range of issues covering the following important research areas: · Issues of definition and nomenclature and how contests over these relate to political violence. · Theoretical frameworks and methods for understanding and researching political violence. · Motivations and goals of those who use political violence. · The various forms of political violence. · Perspectives on countering political violence, by state and non-state actors. · Why and how political violence ends. · The aftermath of political violence. Contributions by leading scholars in the field provide an authoritative guide and source book on political violence for the scholar, the researcher and the informed general reader.
Category: Political Science

The Ashgate Research Companion To Fan Cultures

Author : Dr Stijn Reijnders
ISBN : 9781409455622
Genre : Social Science
File Size : 40.10 MB
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The twenty-two chapters of this volume elucidate the key themes of the fan studies vernacular. As the contributing authors draw from recent empirical work around the globe, the book provides fresh insights and innovative angles on the latest developments within fan cultures, both online and offline. Because the volume is specifically set up as companion for researchers, the chapters include recommendations for the further study of fan cultures. As such, it represents an essential reference volume for researchers and scholars in the fields of cultural and media studies, communication, cultural geography and the sociology of culture.
Category: Social Science

Defense Perspectives On International Criminal Justice

Author : Colleen Rohan
ISBN : 9781108161640
Genre : Law
File Size : 63.71 MB
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This examination of the role of the defense in international criminal proceedings highlights its contribution to the development of international criminal law and the fair administration of international criminal justice. Written by leading international practitioners and scholars, it combines the practice and theory of international criminal law in order to provide a first-hand perspective on the significant challenges involved in the administration of international criminal justice. The authors examine, among other issues, the role of the defense during the different stages of international criminal proceedings, the key aspects of defense work which seek to ensure the accused's right to a fair trial, professional ethics, the United Nations Residual Mechanism for International Tribunals, and post-conviction remedies and issues relating to those serving prison sentences.
Category: Law

International Criminal Justice

Author : Roberto Bellelli
ISBN : 9781317114277
Genre : Law
File Size : 28.80 MB
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This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review process of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice through the case-law and practices of the UN ad hoc tribunals and other internationally assisted tribunals and courts. These examples provide advice for possible future developments in international criminal procedure and law, with particular reference to their impact on the ICC and on national jurisdictions. The review process of the Rome Statute is approached as a step of a review process to provide a perspective of the developments in the field since the Statute’s adoption in 1998.
Category: Law