Criminalization Vol. II : Where Do We Go from Here? /
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In this second of two volumes, Criminalization: Where Do We Go from Here embarks on an exploration of the historical roots of over criminalization. It traces its origins back to ancient legal systems and societal norms, elucidating the evolution of the legal framework alongside shifting attitudes and policy decisions. The chapters shed light on the socio-cultural forces that have contributed to the proliferation of criminal laws, resulting in a state of over criminalization in contemporary society, supported by empirical analysis. See Less
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1 online resource (249 pages) : illustrations. :
Includes bibliographical references and index. :
9789004711105
Justice, the Digital Revolution, Society and the Individual /
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The effects that the digital revolution is having on the threads that make up the fabric of our society are significant. Methods of communication and the ways in which individuals interact are changing. This has led to changes to our institutions, our well known structures and our trusted hierarchies. In this book the authors investigate the instruments of change in order to grasp how justice, the construct of society and the individual can be understood. The innovations brought forward by the digital revolution are inevitable and are here to stay, indeed at times they will cause conflict. This book recognises that changes to institutions such as the law must occur for us to adapt to a new and changing environment. See Less
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1 online resource (215 pages) : illustrations. :
Includes bibliographical references and index. :
9789004702691
Polish Contributions to International Criminal Law /
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The book delves into the substantial and enduring influence of Polish representatives on the development of international criminal law for decades. The authors meticulously document the crucial and distinct role played by Polish diplomats in crafting relevant international treaties and analyze the intricacies of cooperation regarding the prosecution of war criminals following both World Wars. Additionally, the book examines Polish national regulations that have impacted international law itself, alongside the jurisprudence of Polish courts concerning international crimes. Notably, some of these judgments are referenced in the works of international commissions and tribunals, demonstrating their continued relevance in contemporary discussions on immunities and the scope of responsibility for international crimes.
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1 online resource (464 pages) : illustrations. :
Includes bibliographical references and index. :
9789004712690
Who Benefits from the Sanitized Language of Violence? /
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Language is not neutral; it determines, and is determined, by perspective. This volume explores the role of an influential vocabulary of war, sanitised language, the language that seeks to clean up the appearance of events through euphemism, abstract words and opaque phrases. Critical discourse analysis of the language of recent military campaigns shows that the public authorities do not explain events as clearly as they might. Despite social, political and strategic incentives to use sanitised language, its use appears to undermine the democratic process and reduce public authorities' freedoms, possibly emboldening adversaries and turning away potential partners.
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1 online resource (70 pages) : illustrations. :
Includes bibliographical references and index. :
9789004696426
Religious Freedom without the Rule of Law : The Constitutional Odysseys of Afghanistan, Egypt, and Iraq and the Fate of the Middle East /
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The volume compares the efforts to instil the values and practices of the rule of law in the Middle East in the early twenty-first century with their disappointing performances in terms of safety, human rights, and, especially, religious freedom. It zooms in on Afghanistan, Egypt, and Iraq to argue that international interventions and local initiatives underestimated the ethno-religious mosaic of these countries and their political and constitutional culture. The standard notion of the rule of law values individualism, equality, rights, and courts, which hardly fit the makeup of the Middle East. Securing stability and protecting religious freedom in the region requires compromising on the rule of law; the consociational model of constitutionalism would have better chances of achieving them.
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Includes bibliographical references and index. :
9789004533226
A Functional Approach to the Legal Review of Autonomous Weapon Systems /
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Autonomous Weapon Systems (AWS) are no longer limited to science fiction. Conflicts in the Ukraine and Gaza demonstrate an increased trend toward the use of autonomy in the use of force in armed conflict. This book analyses the art 36 legal review obligation and assesses how states can determine the legality of AWS. It proposes a new 'functional' approach to legal review that considers both weapons law and targeting rules engaged by the autonomous functionality.
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1 online resource (255 pages) : illustrations. :
Includes bibliographical references and index. :
9789004707047
The Concept of Marriages of Convenience in EU Free Movement Law : EU and UK Perspectives /
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Over the past two decades, EU Member States have regularly complained about the perceived abuse of EU law via marriages of convenience, allegedly contracted between mobile EU citizens and third-country nationals. During the pre-Brexit years, the UK had been voicing particularly strong concerns about the issue, which ultimately resulted in regulatory changes both at the EU and national level. In this book, Aleksandra Ancite-Jepifánova pursues two interrelated aims. First, she evaluates the compatibility of EU-level measures addressing marriages of convenience with EU free movement law by focusing on the Citizenship Directive. Second, she examines the regulation of the issue in UK law in so far as it concerns the residence rights of EU citizens and their family members, both pre-and post-Brexit. See Less
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1 online resource (312 pages) : illustrations. :
Includes bibliographical references and index. :
9789004499263
The Autonomy of the Åland Islands : Constitutional and International Law Challenges /
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Published on occasion of the 100 year anniversary of the Åland Islands' autonomy, this book brings up and discusses a number of challenging issues, from constitutional and international law perspectives, concerning both the Åland situation and autonomy in general. Among the questions raised are: Is autonomy part of international law and which international organisations may have jurisdiction? Is autonomy a human right or is it about the prevention of violent conflicts? Does the Åland Autonomy constitute a useful model for other minority groups? Do the Åland Islands stand to benefit from anything in international law, be it substantive or procedural?
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1 online resource (330 pages) : illustrations. :
Includes bibliographical references and index. :
9789004691117
The Many Faces of Populism : Perspectives from Critical Theory and Beyond /
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Today, more than ever, it is easy to understand how populism has become such a contested word in contemporary politics. Despite its relatively short history, the term follows a rather volatile trajectory in terms of its historical development and presence as a political practice. When we look at its political and moral impact, one can see that despite its often strict national commitments and narratives, populism is rather a global political phenomenon. As embodiment of anti-establishment narratives, polarizing attitudes, and emancipatory appeal, we can follow its occurrence from Central and Eastern Europe, Latin America, the USA and UK, the Middle East, all the way to China and India. This edited volume helps fill a gap in the existing literature on Critical Theory (broadly construed) and populism, focusing on the multiple dimensions of historical and contemporary contexts for today's rising populist movements and their often - but not necessarily - hostile relations towards cosmopolitanism, globalization, environmentalism, and general notions of inclusion and justice. Contributors are: Emília Barna, Ronald Beiner, Dustin J. Byrd, Samir Gandesha, Carlos Antonio Giovinazzo Júnior, Mlado Ivanovic, Yonathan Listik, Grigoris Markou, Jeremiah Morelock, Felipe Ziotti Narita, Ágnes Patakfalvi- Czirják, Maria Cristina Dancham Simões and Hassan Zaheer. See Less
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1 online resource (316 pages) : illustrations. :
Includes bibliographical references and index. :
9789004712546
The Laws of Yesterday's Wars 4 : From Mesopotamia to West Africa /
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How international is international humanitarian law? The Laws of Yesterday's Wars 4: From Mesopotamia to West Africa , together with its companion volumes, attempts to answer that question. It offers a culture-by-culture account of various unique restrictions placed on warfare over time. Containing essays by a range of laws of war academics and practitioners, it approaches the laws of yesterday's wars from a wide cross-section of history and culture, seeking to find any common ground and to demonstrate a history of international law outside the usual confines of its 'development' by Europeans and its later 'contributions.' This volume includes studies on Egyptian, Jewish and Somali rules of war.
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1 online resource (260 pages) : illustrations. :
Includes bibliographical references and index. :
9789004703094
Conflits armés et droit interna/onal des droits de l'homme /
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A partir de l'affirmation, par la Cour internationale de Justice, que les droits de l'homme s'appliquent en période de conflits armés, l'ouvrage explore ce qu'implique cette irruption des droits de l'homme et de leurs mécanismes de surveillance dans un champ qui, pendant longtemps, a été considéré comme exclusivement ou principalement conduit par le droit des conflits armés. Au-delà de l'humanisation de ce dernier, l'approche des conflits en termes de droits subjectifs individuels ou collectifs, opposables aux Etats et justiciables, constitue un vecteur puissant de l'autonomisation et d'autodétermination de l'individu, même dans des contextes de violences généralisées. L'ouvrage vise aussi à présenter les insuffisances et limites du droit international des droits de l'homme pour appréhender les comportements des groupes non étatiques et des organisations internationales par exemple, ou bien encore la réparation intégrale des violations graves et massives. S'appuyant sur une analyse approfondie et comparée de la pratique judiciaire et quasi judiciaire internationale, le cours invite à réfléchir de manière critique au rôle potentiellement préventif, protecteur et transformateur du droit international des droits de l'homme face aux conflits armés.
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Includes bibliographical references and index. :
9789004735705
The Role of State Parties to the Rome Statute in the Interpretation of the Statute : An Evaluation of Past Practice and Future Prospects /
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This book offers a groundbreaking and thought-provoking examination of the intricate interplay between the role of State Parties to the Rome Statute in the interpretation of the Statute, particularly when the International Criminal Court (ICC) holds the explicit authority to do so. Utilizing the interpretation rules under Article 31(3) of the Vienna Convention on the Law of Treaties, it demonstrates how State Parties, through their subsequent agreements and practice continue to influence treaty interpretation under the Rome Statute. The book highlights specific examples where State Parties have enacted amendments to the rules and passed resolutions during related ongoing ICC cases, prompting questions about their influence on the ICC's interpretive decisions. The nuanced relationship between State Parties and the ICC in interpreting the Statute is explored, revealing the inherent tension that emerges from the overlapping interpretive roles. It provides insightful recommendations for navigating and alleviating such tensions.
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1 online resource (228 pages) : illustrations. :
Includes bibliographical references and index. :
9789004725515
Western Sahara in the International Legal Order : 50 Years after the ICJ Advisory Opinion /
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This book commemorates the 50th anniversary of the International Court of Justice's Advisory Opinion on the Western Sahara, bringing together leading international legal scholars to explore and critically assess the enduring relevance and implications of the Opinion. It offers a comprehensive and authoritative analysis of the main legal issues surrounding the status of the Western Sahara, including self-determination, territorial sovereignty, decolonization, and the role of international institutions. By providing historical context, legal interpretation, and contemporary perspectives, the volume serves as a definitive reference for scholars, practitioners, and policymakers interested in international law, conflict resolution, and the ongoing legal dimensions of the Western Sahara question.
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1 online resource (408 pages) : illustrations. :
Includes bibliographical references and index. :
9789004739215
European Yearbook on Human Rights 2025 /
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Celebrate with the European Yearbook on Human Rights 2025 the 75th anniversary of the European Convention of Human Rights, the 50th anniversary of the Helsinki Final Act, and the 75th anniversary of the Schuman Declaration! Explore with us the profound and lasting impact of the Council of Europe, the European Union and the Organization for Security and Co-operation in Europe, and the human rights instruments adopted and mechanism established under their umbrella while critically examining the current challenges they face. With this critical resource we reaffirm the importance of academic work for advancing and defending human rights and freedoms essential to our shared humanity. Join us in honoring these legacies and committing to a future where justice, security, and dignity are upheld for all!
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1 online resource (603 pages) : illustrations. :
Includes bibliographical references and index. :
9789004751026
Organized Criminal Terrorism : An International Law and International Relations Perspective /
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In this book contributors engage into the theoretical dialogue about the interplay between terrorism and organized crime. Arguing in favor of its existence, the authors of the book seek to define the phenomenon of 'organized criminal terrorism'
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1 online resource (232 pages) : illustrations. :
Includes bibliographical references and index. :
9789004424579
Criminalization : Politics and Policies /
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Criminalization: Politics and Policies provides a thorough analysis of the relationship between politics, policies, and criminalization. Through diverse perspectives and scholarly essays, it explores the multifaceted issues in criminal justice, law, and governance. The book scrutinizes the impact of law, society, politics, and penal populism on criminalization across legal systems, advocating for a reassessment of criminal law's scope. It delves into the prevalence of resorting to criminalization for social issues, urging for a critical review. Additionally, it examines the normative foundations of criminalization, addressing 'over'-criminalization and exploring its empirical and normative aspects. The anthology also considers the roles of prosecutorial and judicial discretion, as well as State preventive powers, in over-criminalization. Whether a scholar, policymaker, or citizen, readers gain insights into the expansion of criminal laws and their consequences, making it a valuable resource for understanding the dynamics of law, politics, and power in criminal justice. Contributors are Naveed Ahmad, Chirag Balyan, Shruti Bedi, Subhangi Jain, Charles Khamala, Sébastien Lafrance, Sidharth Luthra, David McCallum, Garima Pal, Daria Ponomareva, Alok Prasanna, Yogesh Pratap Singh, and Ekkehard Strauss.
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1 online resource (242 pages) : illustrations. :
Includes bibliographical references and index. :
9789004707856
Legal Tales : Once upon a Time, the Law /
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Telling stories as a way of exploring the law-this is the premise of the present volume. It draws on a wide range of narrative forms: historical fables and animal allegories, science fiction and realist reportage, dreamlike speculations and fantastical tales, philosophical reflections and dystopian visions. Across nine stories, the book invites readers to reflect on law and justice by posing strange and unsettling questions: Should there be laws aboard Noah's Ark? Between absolute love and unleashed violence, what place is there for Pilate's Roman justice in the trial of Jesus? What do the animal trials held in the West up to the French Revolution reveal? What if Robinson Crusoe, having set sail from Brazil in search of African slaves for his plantations, had not been shipwrecked on the outward journey-but on the way back? Where do the hidden passages of the majestic Palace of Justice lead? And what kind of justice lies buried in its secret depths? What is law for? The story of the Amoco Cadiz shipwreck offers a stark and contrasting answer. Can reality sometimes surpass fiction? The distortion of law in a modern democracy suggests it can. A dystopia emerges when, enthralled by their president Selfidor and his motto "Never two without me," the people begin to forget the law. Killing your own clone-one equipped with artificial intelligence, no less-is it murder, or the destruction of a non-human entity? Over the years, the author loses touch with his beloved library. Books disappear; others turn up in the strangest places. What is The Liberated Library trying to tell him? And what kind of legal knowledge does it contain? This book was originally published by Editions DALLOZ under the title, Coffret - Contes de la rue Soufflot (2024)
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1 online resource (180 pages) : illustrations. :
Includes bibliographical references and index. :
9789004737112
Governmental Policies to Fight Pandemic : The Boundaries of Legitimate Limitations on Fundamental Freedoms /
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This book offers a wide comparative overview of the legal measures enacted by countries throughout the world to react to the unprecedented public health emergency caused by the COVID-19 pandemic. The volume gathers the General Reports and selected National Reports presented at the 2022 General Congress of the International Academy of Comparative Law. While the National Reports focus on single countries, the General Report provides a comparative analysis of observed trends and main legal issues. In doing so, it draws some guidelines on how to improve responses to potential forthcoming emergencies characterized by a global reach, as COVID-19 was. See Less
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1 online resource (677 pages) : illustrations. :
Includes bibliographical references and index. :
9789004708655
The Conceptualization of Equality and Non-discrimination as Legal Standards : From Formal to More Substantive Equality /
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This book provides an in-depth analysis of the central concepts figuring in equality and non-discrimination standards across jurisdictions: formal and substantive equality, direct and indirect discrimination, reasonable accommodation, affirmative action and intersectional discrimination. It explains how different conceptualizations matter and may result in different outcomes in legislation, case law and policies. In doing so it draws on examples from a wide variety of sources, including the European, Inter-American and global human rights systems and the jurisprudence of the apex courts in Canada, India, South Africa and the US. This study also shows how the conceptualization of equality has been moving overall from formal to more substantive equality.
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1 online resource (296 pages) : illustrations. :
Includes bibliographical references and index. :
9789004538368
Chemical and Biological Weapons : The Interconnectivity of Norms /
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The bans on chemical and biological weapons, upheld by the Chemical Weapons Convention (CWC) and the Biological Weapons Convention (BWC), are foundational to global disarmament and international security. However, these regimes are under increasing strain due to recent violations, such as chemical attacks in Syria and targeted poisonings in Europe, as well as allegations linked to the ongoing conflict in Ukraine. Furthermore, broader institutional challenges are undermining arms control efforts. This book seeks to strengthen the norms against chemical and biological weapons by offering in-depth insight into the interconnectivity of international, domestic, and professional norms that support and enforce these prohibitions.
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1 online resource (178 pages) : illustrations. :
Includes bibliographical references and index. :
9789004739192