In the past decades, the process of European integration has influenced all fields of law, and eventually also criminal law. European legislation now requires Member States to criminalize all sorts of harmful conduct but does not determine the full scope of criminal liability, omitting to define general principles of criminal law such as ‘intention’. This book aims to remedy this by establishing what mens rea and defences should look like in European criminal law.
Book | 1st edition 2012 | World | Toshiyuki Kono, Steven Van Uytsel
This book fills a gap in the literature on how the Convention for the Protection and Promotion of the Diversity of Cultural Expressions positions itself within the bigger field of public international law. Several studies have been undertaken regarding the relationship of this Convention with the trade regime. However, the drafting process of the Convention brought many more than only trade issues to the forefront, such as heritage law, human rights law, or development law issues. This book investigates to what extent the Convention has impact on these various fields of law and thus aims at clarifying the Convention’s contribution to the fragmentation of public international law.
Corruption currently receives an increasing amount of attention from scholars and practitioners in various disciplines, including law. While the phenomenon is as old as mankind, the last fifteen years saw the rise of many anti-corruption treaties, aimed at criminalisation, prevention and cooperation. At the same time, there seems to be relatively little work done on corruption in the field of human rights law or international criminal law. This book argues that these areas of law can certainly contribute to fighting corruption, by giving a human face to both victims and perpetrators.1
Book | 1st edition 2012 | United Kingdom | Sabine Braun, Judith L. Taylor
With regard to interpreting, the use of videoconference technology is now being widely considered as a potential solution for gaining cost-effective and timely access to qualified legal interpreters. This book addresses the many questions related to this technological mediation.
States' obligations to prevent and repress corruption
Book | 1st edition 2012 | World | Julio Bacio Terracino
It is now unquestionable that corruption has become an issue of international concern. A complex set of substantive and procedural rules has emerged concerning the prevention and repression of corruption, representing the international legal framework against corruption. This book traces tthe emergence of this framework and engages in a systematic analysis of its content, highlighting weaknesses and innovative aspects.1
Book | 1st edition 2012 | Europe | Lisa Waddington, Gerard Quinn, Eilionoir Flynn
This Yearbook consists of a review of the preceding year’s significant events, as well as policy and legal developments within the institutions of the European Union. It reviews major EU policy developments, studies and other publications, legislative proposals, and case law from the European Court of Justice and the European Court of Human Rights.
The position of non-EU migrants in social security is problematic. Many European states reduce access to social benefits for categories of migrants whose presence is not desired. At the same time the scope of application of the national systems is becoming more confined to the national borders, as, for example, countries take measures to reduce the exportability of benefits. These two trends of exclusion and retrenchment particularly affect irregular immigrants and persons moving between Europe and developing countries who are not protected by any bilateral social security agreements.
The International Criminal Tribunal for the former Yugoslavia 2006
Book | 1st edition 2012 | World | André Klip, Göran Sluiter
This twenty-ninth volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTY in the year 2006. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions.
Book | 1st edition 2012 | United Kingdom | Maite San Giorgi
The right to equal access to health care is a fundamental principle that is part of the human right to health care. For victims of a violation of the human right to equal access to health care it is important that a judicial or quasi-judicial human rights body can adjudicate their complaints in this regard. This book analyses the justiciability of the human right to equal access to health care. It examines how cases concerning unequal access to health care would be dealt with by judicial and quasi-judicial human rights bodies and distils the elements that can be expected to play a role in the assessment of such cases.
The International Criminal Tribunal for the former Yugoslavia 2005-2006
Book | 1st edition 2012 | World | André Klip, Göran Sluiter
This twenty-eight volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTY in the year 2005-2006. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions.
Human rights, criminal procedural law and penitentiary law, comparative law
Book | 1st edition 2012 | United Kingdom | Piet van Kempen, Piet Hein van Kempen
Although no adequately functioning criminal justice system can presently do entirely without detaining any suspects, pre-trial detention remains problematic in the context of human rights, the detainee’s family and society. This volume offers a wide variety of topics that are relevant to pre-trial detention: developments that affect the application of pre-trial detention; relevant international and national human rights standards as well as monitoring systems; pre-trial detention of specific groups, and alternatives to pre-trial detention.
Book | 1st edition 2012 | World | Marco Loos, Ilse Samoy, Marco B.M. Loos
Modern society is full of linked contracts: a plurality of separately concluded contracts that are somehow interrelated. However, contract law is still primarily centred on traditional contractual relations between (just) two parties. This book therefore explores the legal consequences of the existence of linked contracts. It thereby provides insights for practice and academia in this new phenomenon.
Book | 1st edition 2012 | United Kingdom | Bea Cantillon, Herwig Verschueren, Paula Ploscar
The interaction between legal instruments and policy coordination in the field of social inclusion and social protection constitutes the theme of this book. The contributions essentially inquire whether there is any interaction at all, or if the two realms of law and policy of the EU function in parallel. If there is any sort of interchange between the two, in what areas is it taking place, and what does it result into?
Book | 1st edition 2012 | United Kingdom | Martha M. Roggenkamp, Martha Roggenkamp, Olivia Woolley
The European Energy Law Report IX presents an overview of the most important legal developments in the field of EU and national energy and climate change law as discussed at the 24th European Energy Law Seminar in 2011.
Book | 1st edition 2012 | United Kingdom | Marianne Roth, Michael Geistlinger
Arbitration is one of the most successful dispute resolution devices in the international arena, be it in the context of commercial disputes, investor-state conflicts, or sports controversies. This volumeI highlights inter alia emergency rules, costs, and expert evidence in international arbitration, deals with dissenting opinions in commercial arbitration, reflects the ICC's arbitration clause for trust disputes, focuses on substantive and procedural issues of investment disputes and analyses the problem of creeping expropriation in this context.
Book | 1st edition 2012 | United Kingdom | Rebecca Probert, Chris Barton
Stephen Cretney has long been regarded as the leading English scholar in the field of family law, as prolific as he is profound. Even if the essays in this book had not been written in his honour, they would inevitably have had to rely heavily on his work. Private ordering, marriage, civil partnership, cohabitation, children, separation, divorce – the entire spectrum of family law is covered here – have all benefited from his insightful comments and meticulous scholarship.
A Compendium of International and European Instruments
Book | 1st edition 2012 | Jan Wouters, Philip De Man
This book is a comprehensive and easily accessible compilation of the most important legal instruments that pertain to armed conflicts and security threats and which are of use and interest to practitioners and researchers working in the areas of international and European humanitarian and security law. It is the first compendium that methodically compiles all relevant instruments both at the international and the European level.
Book | 1st edition 2012 | World | Edda Kristjansdottir, André Nollkaemper, Cedric Ryngaert
This volume examines in detail attempts that were made in certain significant post-conflict or post-authoritarian situations to strengthen the domestic rule of law with the aid of international law. Attention is paid in particular to the empowerment of domestic courts in such situations. International law may serve these courts as a tool for reconciling the demands for new rights and responsibilities with due process and other rule of law requirements.
Book | 1st edition 2012 | World | Richard Sannerholm
This book provides a critical analysis of past and current rule of law promotion, and argues that despite past experiences of development and technical assistance, rule of law reform in war-torn and crisis societies operates in an autonomous field where best practices and lessons learned are rarely or only superficially acknowledged. The author provides a comparative and systematic overview of how rule of law promotion has been put into effect and identifies challenges and opportunities for enhancing and strengthening norms, ideologies and methods for legal and judicial reform after war and crisis.
Book | 1st edition 2012 | Europe | Frederic Eggermont
This book answers two questions: what is the relationship between the European Council and the other EU institutions and what are the various roles of the European Council in the EU decision-making process?
