Book | 1st edition 2012 | World | Bas van Stokkom, Neelke Doorn, Paul van Tongeren
There seems to be a pervasive trend towards public apologies, forms of national introspection and appeals to grant forgiveness. This book discusses the role of forgiveness within processes of peace building and transitional justice. Does ‘forgiveness’ enable a public or political use of the term? Is it possible to forgive on behalf of others, and if so, under what conditions? These conceptual questions are related to reflections on the cultural and religious contexts of expressing forgiveness.
An analysis of the European Court of Human Rights and the Court of Justice of the European Union
Book | 1st edition 2011 | World | Hanneke Senden
Fundamental rights provisions are known for their relatively vague and general formulation. As a result, judges dealing with these provisions are confronted with many and often controversial interpretative choices. These interpretative choices already present judges operating in a national context with difficulties, but that is even more so for European judges of the ECtHR and the CJEU. This volume analyses the use legal interpretation methods and principles in the fundamental rights case law of the ECtHR and the CJEU.
In this book, Otto Spijkers describes how moral values have determined the founding of the United Nations Organization in 1945 and the evolution of its purposes, principles and policies since then.
The International Criminal Tribunal for Rwanda December 2008
Book | 1st edition 2011 | World | André Klip, Göran Sluiter
This thirty second volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTR in December 2008. 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.
Victim Participation in International Criminal Proceedings
Book | 1st edition 2011 | World | Brianne McGonigle Leyh
In early 2006, the Office of the High Commissioner for Human Rights called for more detailed research into the relevant international standards and national and international practices concerning the role of victims in criminal proceedings. In response to this call and the increased attention paid to victims at international criminal institutions, this study explores the role of victims in international criminal proceedings.
Equality and Social Justice in Societies Emerging from Conflict
Book | 1st edition 2011 | World | Gaby Oré Aguilar, Felipe Gómez Isa
This volume contributes thoughtful and rigorous research to the fundamental question how to apply truth, justice, reparations and institutional reform to fundamental – and often ancestral – inequalities in each transitional society.
Book | 1st edition 2011 | World | Yann Favier, Frédérique Ferrand
Dans le contexte de profondes mutations du droit des mineurs et de la création en France, d’un code de justice pénale des mineurs on peut s’interroger sur l’avenir de la justice des mineurs en tant qu’objet d’étude spécifique mais aussi en tant qu’objet tout court : que recouvre-t-elle ? En Europe, des réformes similaires ont été menées, avec des postulats et des résultats très variés: le présent ouvrage est l’occasion d’en débattre en laissant une large place aux apports étrangers.
Book | 1st edition 2011 | World | Katharina Boele-Woelki, Joanna K. Miles, Jens Scherpe
This book covers five areas of family property law in Europe: Matrimonial Property Law in Europe, Family Contracts – Issues of Autonomy, Protection of Older People in Law, Freedom of Testation and Protection of Family Members, and the Unification of Private International Law. These issues are discussed throughout the book, together addressing the broad question: what might be the future of family property law in Europe?
The International Criminal Tribunal for Rwanda 2007-2008
Book | 1st edition 2011 | World | André Klip, Göran Sluiter
This thirty-first volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTR in the years 2007-2008.
Book | 1st edition 2011 | World | Iain Cameron, Malin Thunberg Schunke, Karin Påle-Bartes, Christoffer Wong, Petter Asp
This book describes and analyses the Swedish legal rules and practices regarding jurisdiction, mutual legal assistance in criminal matters, extradition and the EU arrest warrant. The Swedish law and practice in international criminal law is particularly significant for two main reasons. It is a system which is both logical and coherent. It displays a considerable Germanic theoretical influence, but its sophistication is tempered by pragmatism, designed to facilitate “user-friendliness”. Secondly, the Nordic countries, because of a common history, and shared language and cultural factors, have long had a very high and effective degree of cooperation in international criminal law matters.
International Intervention, State-Building and Criminal Justice Reform in Bosnia and Herzegovina
Book | 1st edition 2011 | World | Andy Aitchison
Making the Transition provides an analysis of processes of reform, reconstruction and restructuring in the criminal justice field in Bosnia and Herzegovina in the years since it completed a violent secession from the Socialist Federal Republic of Yugoslavia (SFRY). Across the three sectors of policing, courts and prisons, the work details the challenges facing Bosnia and Herzegovina and explores a range of internationally-sponsored reform initiatives. These three sectors are often examined independently of each other, but by analysing their development side by side it is Making the Transition is able to determine common challenges while establishing different logics and methods of international intervention.
The International Criminal Tribunal for the Former Yugoslavia 2004 - 2005
Book | 1st edition 2011 | World | André Klip, Göran Sluiter
This twenty-sixth volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTY in the years 2004-2005.
This book provides a critical analysis of the principle of mutual recognition of judicial decisions in criminal matters in the EU, through a detailed assessment of its most prominent instrument, the European Arrest Warrant (EAW). It conceptualises and contextualises the lack of clear vision in the building up of the area of freedom, security and justice from an EU constitutional law, as well as a comparative and international criminal law standpoint.
Patterns of Supranational and Transnational Juridification
Book | 1st edition 2010 | World | Rainer Nickel
This book seeks to find new ways for a democratisation of European and transnational governance outside traditional models, and more convincing ways of a European and transnational ‘juridification’ that reconciles democracy, diversity, and social rights.
The International Criminal Tribunal for Rwanda 2006-2007
Book | 1st edition 2010 | World | André Klip, Göran Sluiter
This twenty-fifth volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTR in the years 2006-2007.
Book | 1st edition 2010 | World | Jan Wouters, Eva Brems, Stefaan Smis, Pierre Schmitt
The present book, with carefully selected contributions from many prominent scholars and practitioners, is the first to explore situations in which human rights are threatened or violated through the actions, operations or policies of international organizations in a comprehensive manner and to examine the accountability mechanisms that are available.
NGOs play an increasingly important role not only as international political actors but also as organizations involved in the creation, implementation and enforcement of international law. This book answers the question whether these organizations acquired an international status equivalent to that of States or international governmental organizations?
This book provides a comparative analysis of the process of fact-finding in the litigation process. It offers theoretical insights on the distinctive features of the fact-finding arrangements in civil cases andt also examines the empirical data that shed light on the operation of procedural rules in legal practice.
Book | 1st edition 2010 | World | C.H. van Rhee, Alan Uzelac
This book supplies a number of perspectives on the development of enforcement of court judgments and other enforceable documents in Europe. The articles are written by experts from legal academia and professionals involved in enforcement practice. New trends are highlighted.
