Books on the topic 'Concept of criminal-legal counteraction'
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1
Russkevich, Evgeniy. Criminally-legal counteraction to crimes committed through the use of modern information and communication technologies. ru: INFRA-M Academic Publishing LLC., 2017. http://dx.doi.org/10.12737/24712.
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The publication is devoted to the investigation of the criminal law aspects of countering crimes committed through the use of modern information and communication technologies (computers, information and communication networks, including the Internet). We analyze the current legislation, the theoretical development and practice in cases of information crimes. The manual complies with federal state educational standards of higher professional education in the field of "Law Enforcement", "Legal provision of national security" and "Jurisprudence".
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Pozdnysheva, E., Yu Chikhanchin, S. Ivanov, Yuriy Truntsevskiy, Aleksandr Savenkov, Elina Sidorenko, Aleksandr Fedorov, et al. Combatting Corruption: New Challenges. ru: INFRA-M Academic Publishing LLC., 2016. http://dx.doi.org/10.12737/21335.
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This monograph sums up the results of multidisciplinary scientific research of legal and institutional fundamentals relating to combatting corruption that were obtained within the National plan of combatting corruption for the period 2014–2015. It defines modern concepts of combatting corruption with due account given to new challenges and factors which are conducive to this socially negative phenomenon. The monograph reflects theoretical and methodological rules employed to monitor corruption elements and anticorruption measures, it also provides recommendations relating to the ways and means to liquidating the causes and conditions for corruption. Under consideration are traditional and new technologies of combatting corruption, potentials of legal responsibility for corruption crimes. It also gives recommendations for national anticorruption policy improvements that are based on international law tendencies and positive legal experience of international legislation.
The thesis of this paper were broadly discussed at international and national science conferences, including the Fourth and the Fifth Eurasian anticorruption forum (Moscow, 2015 and 2016), and also during the sixth session of the Conference of States — members of the UN Convention on counteracting corruption (Saint Petersburg, 2–6 Nov. 2015).
Theoretical conclusions and practical solutions highlighted in this publication can raise the effectiveness of national anticorruption strategies, give a new impetus to multidisciplinary and scientific studies of the legislation and law enforcement cases, and also get a greater number of people interested in this sphere – practicing lawyers, representatives of business community,
graduates, and post graduates, legislative bodies, teachers, students, readers who face the problem of overcoming the problem of corruption.
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Duyunov, Vladimir, and Ruslan Zakomoldin. Criminal law impact in the mechanism of ensuring national security. ru: Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02045-6.
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The monograph examines the social and legal nature of the category "national security" as a socially significant good, an object of criminal law protection and a general object of crimes. The existence of a specific "sphere of crimes and crime" in public life is substantiated, its general characteristics are given, and the state of crime is analyzed as one of the most dangerous threats to national security in modern conditions. The problem of ensuring national security by criminal law means, the place and role of criminal policy and criminal law in the policy of combating crime and ensuring the national security of Russia are considered. Defines the concept of criminal law impact as a law-mediated reaction of the state to crime and crime, one of the key directions of the policy of combating crime, a comprehensive criminal law institution and one of the elements of the mechanism for ensuring national security. The publication is intended for students, postgraduates, researchers, teachers of law schools, employees of law enforcement agencies and all persons interested in the problems of law and law enforcement.
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Alekseeva, Anna. Sports criminology. ru: INFRA-M Academic Publishing LLC., 2017. http://dx.doi.org/10.12737/24136.
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For the first time in Russian criminological science, a scientific justification of the private criminological theory of cognition and prevention of crime in the field of sports, designated in the author's interpretation as sports criminology, is proposed. This particular theory is based on the author's own developed theoretical and applied concept of criminological assessment of crimes and their determination, United by a common sphere of public relations, which is formed around the organization of large-scale state and public sports activities and direct participation in it, provided with appropriate ideological, legal, economic, financial, pedagogical, technical and, in part, proper criminological resources.
The publication is intended for teachers, postgraduates, adjuncts, students, cadets of law schools and faculties with criminal law specialization, practitioners of sports management and law enforcement agencies.
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Garbett, Claire. Concept of the Civilian: Legal Recognition, Adjudication and the Trials of International Criminal Justice. Taylor & Francis Group, 2016.
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Garbett, Claire. The Concept of the Civilian: Legal Recognition, Adjudication and the Trials of International Criminal Justice. Routledge, 2015.
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Moore, Kelli. Legal Spectatorship. Duke University Press, 2022. http://dx.doi.org/10.1215/9781478022947.
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In Legal Spectatorship Kelli Moore traces the political origins of the concept of domestic violence through visual culture in the United States. Tracing its appearance in Article IV of the Constitution, slave narratives, police notation, cybernetic theories of affect, criminal trials, and the “look” of the battered woman, Moore contends that domestic violence refers to more than violence between intimate partners—it denotes the mechanisms of racial hierarchy and oppression that undergird republican government in the United States. Moore connects the use of photographic evidence of domestic violence in courtrooms, which often stands in for women’s testimony, to slaves’ silent experience and witnessing of domestic abuse. Drawing on Harriet Jacobs’s Incidents in the Life of a Slave Girl, abolitionist print culture, courtroom witness testimony, and the work of Hortense Spillers, Moore shows how the logic of slavery and antiblack racism also dictates the silencing techniques of the contemporary domestic violence courtroom. By positioning testimony on contemporary domestic violence prosecution within the archive of slavery, Moore demonstrates that domestic violence and its image are haunted by black bodies, black flesh, and black freedom. Duke University Press Scholars of Color First Book Award recipient
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Elies, van Sliedregt. Individual Criminal Responsibility in International Law. Oxford University Press, 2012. http://dx.doi.org/10.1093/acprof:oso/9780199560363.001.0001.
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This book examines the concept of individual criminal responsibility for serious violations of international law, i.e., aggression, genocide, crimes against humanity, and war crimes. Such crimes are rarely committed by single individuals. Rather, international crimes generally connote a plurality of offenders, particularly in the execution of the crimes, which are often orchestrated and masterminded by individuals behind the scene of the crimes who can be termed ‘intellectual perpetrators’. For a determination of individual guilt and responsibility, a fair assessment of the mutual relationships between those persons is indispensable. By setting out how to understand and apply concepts such as joint criminal enterprise, superior responsibility, duress, and the defence of superior orders, this work provides a framework for that assessment. It does so by bringing to light the roots of these concepts, which lie not merely in earlier phases of development of international criminal law but also in domestic law and legal doctrine. The book also critically reflects on how criminal responsibility has been developed in the case law of international criminal tribunals and courts. It thus illuminates and analyses the rules on individual responsibility in international law.
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Math, Noortmann, and Sedman Dawn. Part IV Transnational Organised Crime as Matter of Certain Branches of International Law, 19 Transnational Criminal Organisations and Human Rights. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198733737.003.0019.
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Transnational criminal organisations and human rights are in a dialectical relationship. Organisations can be subjected to criminal investigations and criminalization, while at the same time be protected by such rights as the right to association and free speech. While successful criminal prosecution of organisations is rare, as demonstrated by the war-crime tribunals since the Second World War, the criminalizing of organisations such as biker gangs and armed opposition groups is a more common, however questionable, option for governments. To the extent that criminal organisations are considered, first of all, to commit crimes and are investigated and prosecuted within that legal framework, the question what the concept of criminal organisations committing human rights violations would bring is a pertinent one. Crimes and human rights are different legal conceptions and should not be confused in the ‘war against organised crime’.
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Kriangsak, Kittichaisaree. Part I Prologue, 1 General Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198823292.003.0001.
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This chapter introduces the legal concept of the international legal obligation to extradite or prosecute perpetrators of the most serious crimes of international concern, tracing its historical foundation, explaining the codification and progressive development work of the UN International Law Commission on the 1996 Draft Code of Crimes against the Peace and Security of Mankind that has bearings on the concept, and identifying the gap in the existing treaty regime on this obligation. It succinctly analyses the three intertwined alternatives of extradition, prosecution, both by domestic criminal tribunals, and the third alternative of surrendering the perpetrators of such crimes to international criminal tribunals for the purpose of their prosecution.
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Schabas, William A. The Law and Genocide. Edited by Donald Bloxham and A. Dirk Moses. Oxford University Press, 2012. http://dx.doi.org/10.1093/oxfordhb/9780199232116.013.0007.
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This article discusses genocide as a legal concept. The crime of genocide has been incorporated within the national legal systems of many countries, where national legislators have imposed their own views on the term, some of them varying slightly or even considerably from the established international definition. The term itself was invented by a lawyer, Raphael Lemkin. He intended to fill a gap in international law, as it then stood in the final days of the Second World War. Over the years, the limited definition of genocide in the 1948 Genocide Convention has provoked much criticism and many proposals for reform. But by the 1990s, when international criminal law went through a period of stunning developments, it was the atrophied concept of crimes against humanity that emerged as the best legal tool to address atrocities.
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Sadler, John Z. Vice and Mental Disorders. Edited by K. W. M. Fulford, Martin Davies, Richard G. T. Gipps, George Graham, John Z. Sadler, Giovanni Stanghellini, and Tim Thornton. Oxford University Press, 2013. http://dx.doi.org/10.1093/oxfordhb/9780199579563.013.0029.
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The concept of vice-wrongful or criminal conduct-poses a metaphysical clash with the non-moral values of impairment, injury, and incapacity that drive illness/disorder concepts. Nevertheless, vice and disorder concepts have interpenetrated psychiatry past and present through practical social-service interactions between the mental health, adult and juvenile criminal justice, and intellectual disability systems. This chapter will unpack and briefly review the philosophical issues, including considerations of moral and legal responsibility, diagnostic constructs, and the medicalization of vice in contemporary psychiatry.
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William A, Schabas. Part 9 International Cooperation and Judicial Assistance: Coopération Internationale Et Assistance Judiciaire, Art.102 Use of terms/Emploi des termes. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739777.003.0107.
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This chapter comments on Article 102 of the Rome Statute of the International Criminal Court. ‘Extradition’ is a concept that raises difficult problems in national legal systems. For example, many States prohibit the extradition of their nationals. Article 102 attempts to address potential difficulties in this area by specifying that transfer of a person by a State to the Court is not ‘extradition’ but rather ‘surrender’. The drafters of the Rome Statute chose to use the term ‘surrender’ to govern the procedure of transfer of a suspect from a State to the Court so as to emphasize the sui generis nature of the process.
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Fischer, Thomas, ed. Beweis. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783845296029.
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Volume 4 of the series „Baden-Badener Strafrechtsgespräche“ [Baden-Baden talks on criminal law] includes the 20 presentations given at the interdisciplinary conference on the subject of “proof” on April 26th/27th, 2018, as well as a documentation of the discussions. The contributions examine the term, concept and problems of “proof” in criminal law from a substantive and procedural as well as a philosophical, legal historical, sociological and medial perspective. The authors hail from the areas of science, judiciary, the legal profession, and journalism. With contributions by René Börner, Thomas Fischer, Wolfgang Frisch, Thomas Gutmann, Rainer Hamm, Eric Hilgendorf, Dietmar Hipp, Stephan König, Christoph Krehl, Hans Kudlich, Ulfrid Neumann, Manfred Nötzel, Rolf Raum, Franz Salditt, Wolfgang Schild, Jahn C. Schuhr, Johann Schwenn, Gerson Trüg, Julia Maria Valentin, Thomas Weigend
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Miller, Geoffrey Parsons. The Compliance Function. Edited by Jeffrey N. Gordon and Wolf-Georg Ringe. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780198743682.013.9.
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This chapter discusses the compliance function, a form of internalized law enforcement employed by corporations and other complex organizations to ensure that employees and others associated with the firm do not violate applicable rules, regulations or norms. It first examines compliance within a general theory of enforcement. It considers the concept of internal control, the development of the compliance function and its distribution among control personnel, and compliance programs, policies, and contracts within an organization. It then analyzes the oversight obligations of the board of directors and the management team including the chief executive officer, the chief financial officer, the chief compliance officer, the chief legal officer, and the chief risk officer. It also outlines the elements of a robust compliance program and concludes by considering internal investigations, whistleblowers, criminal enforcement, compliance outside the firm, and business ethics beyond formal compliance.
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Joop, Voetelink. Part II Commentaries to Typical Sofa Rules, 21 Military Law Enforcement. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808404.003.0021.
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This chapter explores the enforcement jurisdiction of Sending States in international military cooperation and international (crisis management) operations. It analyses enforcement jurisdiction and the limits on extraterritorial exercise of that jurisdiction under international law in general and also briefly addresses the concept of international legal assistance in criminal matters that allows States to deal with transnational aspects of crimes outside the framework of military cooperation and operations. The chapter then explores the scope of jurisdictional provisions in status-of-forces agreements (SOFAs). Since extraterritorial enforcement powers of States are limited, SOFAs generally include a basic provision ensuring mutual legal assistance of the States involved in carrying out criminal and other investigations. This chapter also discusses the scope of these provisions and turns to some specific powers, such as the right to exercise police powers for the purpose of maintaining (internal) order and discipline.
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Holterhus, Till Patrik, ed. The Law Behind Rule of Law Transfers. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783845298481.
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Transfers of rule of law between legal systems have been discussed extensively in academia. Yet, so far, scholarship has predominantly centered around the issue’s socio-political dimensions. The volume departs from these common scholarly paths and assesses rule of law transfers as a legal phenomenon. Its analytical perspective assumes that the process of transferring the rule of law does not only concern a legal concept but also holds a legal dimension itself. Against this backdrop, the volume features eight distinct contributions, introducing and applying the said perspective. They approach the topic from diverse angles, covering a wide range of legal fields, including EU law, public international law, international human rights law, international criminal law, international humanitarian law and international economic law – with each contribution succeeding in highlighting the relevance of “the law behind rule of law transfers”.
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Frank G, Madsen. Part I General Questions, 1 The Historical Evolution of the International Cooperation against Transnational Organised Crime: An Overview. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198733737.003.0001.
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This chapter surveys the development of international criminal police cooperation and notes that originally most crimes now prohibited internationally were sponsored or tacitly allowed by governments. I postulate, using World Society Theory, that developing cooperation is part of global crime governance. In law enforcement cooperation ‘rationalization’ (a core concept of this theory) takes the form of policing technology. Interpol is the only global criminal-police cooperative organisation and, in developing this structure, police professionalism played a more decisive role than political or legal guidance. The chapter looks at three rarely highlighted themes of transnational organised crime (TOC): the relationship between the financial markets and TOC, organ transplants, and environmental or ‘green’ crime, as well as two procedural issues, random data collection and cryptography. The chapter ends by warning about two TOC areasthat will become of increasing concern: illicit disposal of toxic and e-waste, and the health care sector.
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Morse, Stephen J. The Neuroscientific Non-Challenge to Meaning, Morals, and Purpose. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190460723.003.0018.
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Stephen J. Morse argues that neuroscience raises no new challenges for the existence, source, and content of meaning, morals, and purpose in human life, nor for the robust conceptions of agency and autonomy underpinning law and responsibility. Proponents of revolutionizing the law and legal system make two arguments. The first appeals to determinism and the person as a “victim of neuronal circumstances” (VNC) or “just a pack of neurons” (PON). The second defend “hard incompatibilism. ” Morse reviews the law’s psychology, concept of personhood, and criteria for criminal responsibility, arguing that neither determinism nor VNC/PON are new to neuroscience and neither justifies revolutionary abandonment of moral and legal concepts and practices evolved over centuries in both common law and civil law countries. He argues that, although the metaphysical premises for responsibility or jettisoning it cannot be decisively resolved, the hard incompatibilist vision is not normatively desirable even if achievable.
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Stahn, Carsten. Justice as Message. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198864189.001.0001.
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International criminal justice is a form of social performance. It relies on messages, speech acts, and performatives practices in order to convey social meaning. Major criminal proceedings, such as Nuremberg or Tokyo and other post-Second World War trials have been branded as ‘spectacles of didactic legality’. However, the expressive and the communicative functions of law have been sidelined in institutional discourse and legal practice. The concept of expressivism is referred to in justifications of punishment or sentencing rationales. It appears as reference in scholarly treatises, but it has remained crucially underdeveloped. This book is an attempt to remedy this gap. It shows that expression and communication are not only an inherent part of the punitive functions of international criminal justice but represented in a whole spectrum of practices: norm expression and diffusion, institutional actions, performative aspects of criminal procedures, and repair of harm. It argues that expressivism is not a classical justification of justice or punishment on its own but rather a means to understand its aspirations and limitations, to explain how justice is produced, and to ground punishment rationales.
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Hochmayr, Gudrun, ed. Waffen und gefährliche Werkzeuge als Strafschärfungsgrund. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783845298177.
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The 6th Criminal Law Reform Act of 1998 increased the sentences for carrying ‘dangerous implements’ in the German Criminal Code, but attempts to give a sufficiently precise definition of the concept of a ‘dangerous implement’ have failed. However, there are hardly any considerations on how to draft an ‘appropriate new version of the law’, as suggested by the Federal Court of Justice (Bundesgerichtshof). This anthology documents a research project that compares the regulatory models of nine countries and aims to amend the law appropriately. A legal and historical representation of theft using weapons supplements the reports on each country. The comparative cross section summarises and evaluates the distinct models, and considerations for reform complete the anthology. Its publisher holds the Chair of Criminal Law, in particular European Criminal Law and International Criminal Law, at the European University Viadrina in Frankfurt (Oder), and focuses on comparative criminal law in her research. With contributions by Isidoro Blanco Cordero, Andreas Eicker, Margareth Helfer, Gudrun Hochmayr, Johannes Keiler, Aleksandra Ligocka, Maciej Małolepszy, Wolfgang Schild, Kurt Schmoller, Zsolt Szomora, Stephen Thaman
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Ziccardi Capaldo, Giuliana, ed. The Global Community Yearbook of International Law and Jurisprudence 2019. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197513552.001.0001.
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The 2019 edition of the Global Community Yearbook of International Law and Jurisprudence both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook continues to provide expert coverage of the Court of Justice of the European Union and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the International Residual Mechanism for Criminal Tribunals (MICT), to international courts of human rights (ECtHR, IACtHR, ACtHPR), to economically based tribunals such as ICSID and the WTO Dispute Resolution panel. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists such as: a judicial knowledge-sharing process as a tool for courts working together in a universal constitutional structure; the key insights emerging from the Global Environment Outlook-6, and the progress that has been made in international environmental law; the role of human rights treaty monitoring bodies in the international legal order; and an examination of the consequences of the UN Compact for Safe, Orderly and Regular Migration on international law. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals.
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Provost, René. Rebel Courts. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190912222.001.0001.
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Rebel Courts presents an argument that it is possible for non-state armed groups in situations of armed conflict to legally establish and operate a system of courts to administer justice. Neither the concept of the rule of law nor the general principle of state sovereignty stands in the way of framing an understanding of the rule of law adapted to the reality of rebel governance in the area of justice. Legal standards applicable to non-state armed groups in situations of international or non-international armed conflict, including international humanitarian law, international human rights law, and international criminal law, recognise their authority to regularly constitute or establish non-state courts. The lawful operation of such courts is of course subject to requirements of due process, corresponding to an array of guarantees that must be respected in all cases. Rebel courts that are regularly constituted and operate in a manner consistent with due process guarantees demand a certain degree of recognition by international institutions, by states not involved in the conflict, to some extent by the territorial state, and even by other non-state armed groups. These normative claims are grounded in a series of detailed case studies of the administration of justice by non-state armed groups in a diverse range of conflict situations, including the FARC (Colombia), Islamic State (Syria and Iraq), Taliban (Afghanistan), Tamil Tigers (Sri Lanka), PKK (Turkey), PYD (Syria), and KRG (Iraq).
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Andrew, Clapham. War. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198810469.001.0001.
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How relevant is the concept of war today? This book examines how notions about war continue to influence how we conceive legal rights and obligations. It considers situations that recognize the significance of a Declaration of War or a State of War, both domestically and internationally. It outlines how the institution of War was abolished in the 20th century and replaced with a ban on the use of force. At the same time, international criminal law was developed to prosecute wars of aggression and war crimes. The book highlights how states nevertheless continue to claim that they can resort to the use of force, engage in lawful killings in war, imprison law of war detainees and attack objects that are said to be part of a war-sustaining economy. The book provides an overall account of the laws of war and a detailed inquiry into whether states should be able to continue to claim Belligerent Rights over the enemy and neutrals, including those rights connected to booty and blockade. The book claims that while there is general agreement that War has been abolished as a legal institution for settling disputes, the time has come to admit that the Belligerent Rights that states claim flow from being at war are no longer available. Therefore, claiming to be in a war or an armed conflict does not grant anyone a licence to kill people, destroy things, and acquire other people’s property or territory.
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Decoeur, Henri. Confronting the Shadow State. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198823933.001.0001.
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This book examines the rules and mechanisms of international law relevant to the suppression of state organized crime, and provides a normative justification for developing international legal mechanisms specifically designed to address this phenomenon. State organized crime refers to the use by senior state officials of the resources of the state to facilitate or participate in organized crime, in pursuit of policy objectives or personal profit. This concept covers diverse forms of government misconduct, including partnerships with organized criminal groups involved in drug trafficking, the plundering of a country’s resources by kleptocratic rulers, and high-level corruption schemes. The book identifies the distinctive criminological characteristics of state organized crime, and analyses the applicability, potential, and limits of the norms and mechanisms of international law relevant to the suppression of state organized crime. In particular, it discusses whether the involvement of state organs or agents in organized crime may amount to an internationally wrongful act giving rise to the international responsibility of the state, and highlights a number of practical and normative shortcomings of the legal framework established by relevant crime-suppression conventions. The book also sketches proposals to develop an international legal framework designed to hold perpetrators of state organized crime accountable. It presents a normative justification for criminalizing and suppressing state organized crime at the international level, proposes draft provisions for an international convention for the suppression of state organized crime, and discusses the potential role of the UN Security Council and of international criminal courts and tribunals, respectively, in holding perpetrators accountable.
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Marten, Kimberly. Failing States and Conflict. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190846626.013.176.
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As a response to the new policy problems facing the international community after the end of the Cold War, the security studies literature on weak and failing states and their relationship to various forms of conflict emerged. Two sets of events caused policy makers to focus on state weakness as a threat to international security. The first wave of research was generated by the new United Nations (UN)-sponsored peace operations of the post-Cold War era. The second overlapping wave of research followed the al-Qaeda attacks in the United States on September 11, 2001, and the resulting perception that non-state terrorist groups were likely to use failed or failing states as their base of global operations. There has been no agreement among researchers about how to define the concept or varieties of state failure. As such, it has not coalesced into something that could truly be called a scholarly research program. Nevertheless, a vibrant literature has emerged on the political economy of “ungoverned territories.” Warlords are actors who use a combination of force, charisma, and patronage to control small slices of territory inside of what is purportedly a sovereign state. They usually profit from organized criminal activities that threaten both the peace and the legal institutions of the state, but can be used to help weak states to survive and reconstitute themselves in wartime. Meanwhile, scholars argue whether states should necessarily be reconstructed after they fail, given that many failed states were unnatural and authoritarian postcolonial creations.
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Ziccardi Capaldo, Giuliana, ed. THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE 2016. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190848194.001.0001.
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The 2016 edition updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook has established itself as an authoritative resource for research and guidance on the jurisprudence of UN-based tribunals and regional courts. The 2016 edition continues to provide expert coverage of the EU Court of Justice and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the Tribunals for the Former Yugoslavia and Rwanda, to economically based tribunals such as ICSID and the WTO Dispute Resolution panel, to human rights courts such as ECtHR and IACtHR. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists, such as the Editorial focusing on a new remedy for the violation of the jus cogens principle concerning the imprescriptibility of torture. This edition also includes expert introductory essays by prominent scholars in the realm of international law, on topics as diverse and current as the role of the WTO’s Appellate Body in interpreting the TRIPS Agreement and an examination of the EU Court of Justice data protection framework in light of the EU Charter of Fundamental Rights. Researchers will find detailed guidance on a rich diversity of legal topics, from an examination of the processes under which transnational criminal law norms have been adopted and the process under which these norms have been globally implemented, to the impact post-conviction DNA testing has had on the criminal justice system in the United States. This edition also provides students, scholars, and practitioners a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals and a section focusing on the thought of leading international law scholars on the subject of the globalization.