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The law and practice of international administrative tribunals /
No full textThe jurisprudence of international administrative tribunals holds great relevance for international organisations, as seen in the proliferation of these tribunals, the complexity of their jurisprudence, and their practical impact. This book provides a comprehensive and accessible analysis of essential topics in this field, including applicable sources, jurisdiction and admissibility, grounds for review, equality and non-discrimination, and remedies. It also covers key emerging issues, such as the rights of non-staff personnel, the growing application of international human rights law by tribunals, and the protection of acquired rights. Drawing on thousands of decisions, this book is an invaluable resource for both practitioners and scholars. For practitioners, it offers a practical guide to navigating complex cases. For scholars, it highlights common principles and key divergences across the jurisprudence of some thirty tribunals, at the same time illuminating the increasingly sophisticated interplay between international administrative law and public international law
Dignity in judgment ::constitutional adjudication in comparative perspective /
No full textDignity in Judgment examines how apex courts in Canada, Colombia, Egypt, the EU, and Israel interpret 'dignity' in their case law. It highlights the shift from religious to individual autonomy, analyzing key cases on capital punishment, antiterrorism, biotechnologies, and same-sex relations
Sentencing discretion and the constitution ::due process of time /
No full textThis text addresses the fundamental incompatibility of the U.S. Supreme Court's approach to the sentencing power of judges as compared to prosecutors. The Court says that when prosecutors induce a guilty plea by filing lesser charges than the code allows, the defendant is getting a break rather than being strong-armed. This doctrinal fiction persists because neither dissenting justices nor academic critics have yet justified a baseline by which the infliction of years - or even decades - in prison for refusing to plead guilty or to provide information, should be treated as a coercive threat rather than an offer permitted in the 'give and take' of plea bargaining. In theory, the charges filed should be proportional to culpability, not the most severe the code permits. This raises another hard problem: theorists have not to date advanced a persuasive account of proportionate punishment
The Hamilton scheme ::an epic tale of money and power in the American founding /
No full text"'Forgotten founder' no more, Alexander Hamilton has become a global celebrity. Millions know his name. Millions imagine knowing the man. But what did he really want for the country? What risks did he run in pursuing those vaulting ambitions? Who tried to stop him? How did they fight? It's ironic that the Hamilton revival has obscured the man's most dramatic battles and hardest-won achievements--as well as downplaying unsettling aspects of his legacy. Thrilling to the romance of becoming the one-man inventor of a modern nation, our first Treasury secretary fostered growth by engineering an ingenious dynamo--banking, public debt, manufacturing--for concentrating national wealth in the hands of a government-connected elite. Seeking American prosperity, he built American oligarchy. Hence his animus and mutual sense of betrayal with Jefferson and Madison--and his career-long fight to suppress a rowdy egalitarian movement little remembered today: the eighteenth-century white working class. Marshaling an idiosyncratic cast of insiders and outsiders, vividly dramatizing backroom intrigues and literal street fights--and sharply dissenting from recent biographies--William Hogeland's The Hamilton Scheme brings to life Hamilton's vision and the hard-knock struggles over democracy, wealth, and the meaning of America that drove the nation's creation and hold enduring significance today"-
The making of criminal law ::the role of case law in the 19th and 20th centuries /
No full textThe separation of powers produced by the Enlightenment period reinforced the myth of the "perfection of the law", with criminal law being dependent on the principle of legality. Demonstrating that this principle has not fundamentally altered judges' methods of interpretation and decision-making, this collective volume explores the role of case law in the making of modern criminal law from the late 19th century to the end of the 20th century. It enables us to gauge the influence of case law developed and to assess the extent to which it contributed to major criminal law decisions and the emergence of model criminal codes.The book takes a comparative view across various European and American jurisdictions and offers an overview of European civil law traditions along with comparisons from the Americas. The focus is on Western legal historiography, which has hitherto been notably under-researched. The chronological point of departure is marked by the creation of the Supreme Court and the cassation in each jurisdiction. Each chapter contains a short introduction to the role of jurisprudence in the making of criminal law from the 19th century onwards in that jurisdiction, followed by an exploration of the contribution of the legal doctrine of the Supreme Court in the making or development of a particular criminal offence or institution.The book will be of interest to scholars and historians working or teaching in the areas of legal history, comparative legal history, criminal law and comparative law. It will also be of use to scholars interested in the study of law in different socio-cultural contexts
PEACEKEEPING AND THE PROTECTION OF CIVILIANS ::from moral imperative to effective practice.
No full textThis book critically examines the evolution of protection practices in UN peace operations over the past two decades.Protecting civilians has become central to the work of contemporary UN peace operations, yet the ability of peacekeepers to offer meaningful levels of protection to vulnerable civilians in conflict zones remains highly circumscribed. Focusing on the implementation of protection of civilians (PoC) mandates across three high-profile UN missions - UNMISS in South Sudan, MONUSCO in the Democratic Republic of the Congo and MINUSCA in the Central African Republic - this study asks who precisely UN peacekeepers protect and how they go about protecting them. Drawing on the key distinction between coercive and non-coercive protection strategies, this book examines how peacekeepers have struggled to translate ambitious and far-reaching protection mandates into effective protection practices in some of the world's most dangerous and difficult conflict contexts. This book will be of much interest to students of peacekeeping, civilian protection, African politics, war studies and security studies
Bareboat charters /
No full text"This book examines and explains the law relevant to bareboat or demise charterparties, a common form of maritime contract used by both operators of vessels and also as a form of lease finance. Its principal aim is to set out a structured analysis of all the rights and obligations of the parties to a bareboat charter. This will include consideration of the nature of the contract, its uses (both historical and current) in the market, and the key clauses in the standard form and commentary thereon. Providing a clause-by-clause analysis commentary on all the provisions of the BIMCO BARECON, and all decisions relevant to those clauses, Bareboat Charters addresses important topics such as termination, repossession and damages from an English law standpoint, adding useful guidance for practitioners. It considers general issues of contract and/or maritime law so far as they relate to bareboat charters, and extracts or summarises key passages of important case law. This book will serve as the standard reference work on the law relating to bareboat charters, providing comprehensive treatment of the subject, accessible and useful to shipping lawyers and also to shipowners, charterers, P&I Clubs, and other insurers"-
The law and practice of maritime liens /
No full text"This book uniquely offers a single point of reference on the vital legal subject of maritime liens, intrinsic to Admiralty Law and a topic often incompletely understood by shipping firms and other such businesses, to their considerable risk and detriment. Where previously it was necessary to source many different publications, of widely varying age, this book now provides a single, up-to-date, accessible and comprehensive source to explain this complex area and its implications for all parties in the maritime industry, and beyond, in each of the jurisdictions concerned. The author introduces the meaning and functions of maritime liens, as well as the jurisdictions where maritime liens arise, with some historical context provided to aid understanding. In terms accessible to anyone working within the industry, he explains the implications of maritime liens with regard to damage, pollution, collisions, salvage, wages and more. The enforcement of liens in each jurisdiction is thoroughly discussed, featuring topics such as the arrest of vessels, the exercise of liens on cargo and sub-freight, provision of security, conflict of laws, and the procedures and proceeds of judicial sales. Key priorities such as sale proceeds, competition between creditors and non-maritime claimants, are also addressed. The Law and Practice of Maritime Liens offers a comprehensive and accessible guide to the topic for anyone directly or indirectly involved in the maritime sector, but it is most directly relevant to legal practitioners (especially in maritime law and marine insurance areas) in practice within each of the relevant jurisdictions, shipowners, charterers and corporations involved in the maritime sector. Law courts, judges and magistrates throughout the English-speaking world (and elsewhere) will also benefit from this book. It is likely to have a wide international audience, being applicable to a large proportion of marine sector trade"-
Cross-border victims in Europe ::legal and practical barriers to free movement of victims in Europe /
No full text"This book examines how the movement of individuals across European borders affects their ability to effectively exercise their rights as victims in criminal proceedings - and how to improve the most problematic issues in this area. The European Convention on Human Rights and the EU Charter of Fundamental Rights, both guarantee an individual a freedom of movement understood, among others, as a freedom to leave any country, including one's own. From a victim perspective, the most relevant aspect of free movement is the fact that the exercise of their freedom to move across the border does not result in a loss of the ability to effectively exercise the rights granted to a victim within the framework of criminal law: the right to be recognised as a victim, to make a formal complaint, to receive information concerning their case, to participate in a criminal proceedings and benefit from victim assistance, compensation and protection. The book presents the legal situation and factual challenges of cross-border victims, i.e., individuals victimised in a European state other than the state, where they habitually reside, including also migrant victims, based on the results of research conducted by experts in law and victimology in 10 European countries, presented in national and European perspective. This edited collection will therefore appeal to students and scholars of migration studies, citizenship studies, victimology, and European law. It will also be of importance to legal practitioners and policymakers working in these fields"-