International law 212 results

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.

This book examines the fate and role of human rights before, during and in the aftermath of violent conflicts. It brings together both scholars and practitioners from different parts of the world and from different disciplines, including law, anthropology, history, conflict studies, development studies and international relations. The roles of international organisations, NGOs, governments, and corporations in realising human rights are discussed. The book thus reflects the ‘de-approach’ to human rights research that has been advocated and pioneered by Bas de Gaay Fortman: de-legalise, de-Westernise, and de-State-ise, together with his instance that human rights research should not just be about norms, but as much, if not more, about the economic, political, social, and cultural aspects of the distinct environments in which these rights have to be realised.

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.

The recruitment and operations of child soldiers have been hitting the headlines in politics and the media for many years. However, a much broader circle of children is affected by armed conflicts. Hence, the many challenges to deal with youth affected by armed conflict exceed by far the issue of the recruitment and demobilisation of child soldiers, but also extend to questions of rehabilitation, reintegration and reconciliation processes of all children and youths. This book brings together for the first time a wide range of leading scholars from three disciplinary perspectives (children’s rights, psychosocial studies and transitional justice) and aims at enhancing a multidisciplinary and comprehensive approach to the rehabilitation, reintegration and reconciliation processes of children and adolescents affected by armed conflict.

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.

In the last twenty years, the field of transitional justice has gone from being a peripheral concern to an ubiquitous feature of societies recovering from mass conflict or repressive rule. The sprawl of transitional justice, however, has not always produced concepts and practices that are theoretically sound and grounded in the empirical realities of the societies in question. Critical Perspectives in Transitional Justice takes stock of this burgeoning field and, in gathering the views of scholars and practitioners from a wide range of national and methodological backgrounds, explores the key concerns with current trends in transitional justice.

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.

Criminal law on hate speech has become a hotly debated topic in the past decade. How to deal with hate speech in an increasingly pluralist society has become a pressing question. This comparative study deals with how ideas behind the law on hate speech and extreme speech in the Netherlands and England and Wales – including the influence of European and international law – have developed since 2001 and how this can be explained by reference to their historical origins.

Since the 9/11 attacks combating terrorism has gained top priority within Dutch politics. This book discusses the scope of the preventive-oriented Dutch anti-terrorism legislation and its impact on fundamental legal rights and principles of law as enshrined in the European Convention on Human Rights. It analyses criminal liability for terrorist offences and discuses in particular the level of suspicion that is required to apply state powers to prevent acts of terrorism in light of the relevant fundamental legal rights.

Under the influence of globalization many countries have been compelled to privatize the provision of a number of State and public services. This trend has been met with skepticism from the human rights world. In this study, the privatization phenomenon is analyzed with the aim of establishing whether it can be reconciled with the human rights obligations of States..

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.

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.

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.

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.

This twenty-seventh volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTY in the year 2005.

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.

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?

This thirty-first volume of annotated leading case law of international criminal tribunals contains decisions taken by the ICTR in the years 2007-2008.

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.