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 : 41.97 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 : 58.44 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 : 49.52 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 Ethics And International Relations

Author : Patrick Hayden
ISBN : 9781317043539
Genre : Political Science
File Size : 38.83 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 Feminist Legal Theory

Author : Vanessa E. Munro
ISBN : 9781317043416
Genre : Law
File Size : 55.90 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 Political Violence

Author : Marie Breen-Smyth
ISBN : 9781317042099
Genre : Political Science
File Size : 28.56 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 Chinese Foreign Policy

Author : Assoc Prof Emilian Kavalski
ISBN : 9781409456421
Genre : Political Science
File Size : 55.15 MB
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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 Military Ethics

Author : James Turner Johnson
ISBN : 9781317042617
Genre : Technology & Engineering
File Size : 57.13 MB
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This Companion provides scholars and graduates, serving and retired military professionals, members of the diplomatic and policy communities concerned with security affairs and legal professionals who deal with military law and with international law on armed conflicts, with a comprehensive and authoritative state-of-the-art review of current research in the area of military ethics. Topics in this volume reflect both perennial and pressing contemporary issues in the ethics of the use of military force and are written by established professionals and respected commentators. Subjects are organized by three major perspectives on the use of military force: the decision whether to use military force in a given context, the matter of right conduct in the use of such force, and ethical responsibilities beyond the end of an armed conflict. Treatment of issues in each of these sections takes account of both present-day moral challenges and new approaches to these and the historical tradition of just war. Military ethics, as it has developed, has been a particularly Western concern and this volume reflects that reality. However, in a globalized world, awareness of similarities and differences between Western approaches and those of other major cultures is essential. For this reason the volume concludes with chapters on ethics and war in the Islamic, Chinese, and Indian traditions, with the aim of integrating reflection on these approaches into the broad consideration of military ethics provided by this volume.
Category: Technology & Engineering

Pluralism In International Criminal Law

Author : Elies van Sliedregt
ISBN : 9780191008290
Genre : Law
File Size : 71.11 MB
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Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.
Category: Law