Download or read book Organised Crime and the Law written by Liz Campbell and published by Bloomsbury Publishing. This book was released on 2013-02-01 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Organised Crime and the Law presents an overview of the laws and policies adopted to address the phenomenon of organised crime in the United Kingdom and Ireland, assessing the changes to these justice systems, in terms of the prevention, investigation, prosecution and punishment of such criminality. While the notion of organised crime is a contested one, States' legal responses treat it and its constituent offences as unproblematic in a definitional sense. This book advances a systematic doctrinal critique of these domestic criminal laws,laws of evidence and civil processes. Organised Crime and the Law focuses on the tension between due process and crime control, the demands of public protection and risk aversion, and other adaptations. In particular, it identifies parallels and points of divergence between the different jurisdictions in the UK and Ireland, bearing in mind the shared history of subversive threats and counter-terrorism policies. It also examines the extent to which policy transfer is evident in the UK and Ireland in terms of emulating the United States in reacting to organised crime.

Download or read book Eighteenth report of session 2010 11 written by Great Britain: Parliament: House of Commons: European Scrutiny Committee and published by The Stationery Office. This book was released on 2011-02-23 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eighteenth report of Session 2010-11 : Documents considered by the Committee on 9 February 2011, including the following recommendations for debate, financial management; economic governance; attacks against information systems, report, together with form

Download or read book Eighteenth Report of Session 2012 13 written by Great Britain: Parliament: House of Commons: European Scrutiny Committee and published by The Stationery Office. This book was released on 2012-11-07 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Parliaments and Human Rights written by Murray Hunt and published by Bloomsbury Publishing. This book was released on 2015-04-30 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many countries today there is a growing and genuinely-held concern that the institutional arrangements for the protection of human rights suffer from a 'democratic deficit'. Yet at the same time there appears to be a new consensus that human rights require legal protection and that all branches of the state have a shared responsibility for upholding and realising those legally protected rights. This volume of essays tries to understand this paradox by considering how parliaments have sought to discharge their responsibility to protect human rights. Contributors seek to take stock of the extent to which national and sub-national parliaments have developed legislative review for human rights compatibility, and the effect of international initiatives to increase the role of parliaments in relation to human rights. They also consider the relationship between legislative review and judicial review for human rights compatibility, and whether courts could do more to incentivise better democratic deliberation about human rights. Enhancing the role of parliaments in the protection and realisation of human rights emerges as an idea whose time has come, but the volume makes clear that there is a great deal more to do in all parliaments to develop the institutional structures, processes and mechanisms necessary to put human rights at the centre of their function of making law and holding the government to account. The sense of democratic deficit is unlikely to dissipate unless parliaments empower themselves by exercising the considerable powers and responsibilities they already have to interpret and apply human rights law, and courts in turn pay closer attention to that reasoned consideration. 'I believe that this book will be of enormous value to all of those interested in human rights, in modern legislatures, and the relationship between the two. As this is absolutely fundamental to the characterand credibility of democracy, academic insight of this sort is especially welcome. This is an area where I expect there to be an ever expanding community of interest.' From the Foreword by the Rt Hon John Bercow MP, Speaker of the House of Commons

Download or read book Scots Criminal Law written by Sheriff Andrew Cubie and published by Bloomsbury Publishing. This book was released on 2022-09-22 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by an expert team of authors, this clear and comprehensive guide explains all the basic principles relating to Scots criminal law, taking account of ongoing changes in substantive law, including the continuing influence of human rights. This well-established text is an essential reference source for both law students and legal practitioners and includes coverage of: - developments in case law and statute reflecting the prominence of statutory offences - analysis of the meaning of 'wicked' in the context of recklessness - an examination of perjury - reflections upon diminished responsibility - the interaction between provocation and self-defence - the continuing influence of the European Convention on Human Rights and related jurisprudence - an analysis of how Scotland has sought to address the right to die issue and the age of criminal responsibility The main common law and statutory offences are covered under the following sections: - Offences against the person including homicide and sexual offences - Social protection offences including the Misuse of Drugs Act 1971 and road traffic offences - Property offences including theft, robbery, embezzlement and malicious mischief - Offences against the state and administration of justice including contempt of court and interfering with the course of justice This title is included in Bloomsbury Professional's Scots Criminal Law online service.

Download or read book Comparing Tort and Crime written by Matthew Dyson and published by Cambridge University Press. This book was released on 2015-07-02 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: First English-language comparative volume to study where, how and why tort and crime interact. Covers common and civil law countries.

Download or read book Failing to Protect written by Rosa Freedman and published by Oxford University Press. This book was released on 2015 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: BL Explains why the respect in which the UN is held is not matched by admiration for its practical attempts to safeguard human rights.

Download or read book IYA 2009 Final Report written by and published by IAU. This book was released on with total page 1433 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The United Nations and Human Rights written by Frédéric Mégret and published by Oxford University Press. This book was released on 2020-04-02 with total page 802 pages. Available in PDF, EPUB and Kindle. Book excerpt: The very concept of human rights implies governmental accountability. To ensure that governments are indeed held accountable for their treatment of citizens and others the United Nations has established a wide range of mechanisms to monitor compliance, and to seek to prevent as well as respond to violations. The panoply of implementation measures that the UN has taken since 1945 has resulted in a diverse and complex set of institutional arrangements, the effectiveness of which varies widely. Indeed, there is much doubt as to the effectiveness of much of the UN's human rights efforts but also about what direction it should take. Inevitable instances of politicization and the hostile, or at best ambivalent, attitude of most governments, has at times endangered the fragile progress made on the more technical fronts. At the same time, technical efforts cannot dispense with the complex politics of actualizing the promise of human rights at and through the UN. In addition to significant actual and potential problems of duplication, overlapping and inconsistent approaches, there are major problems of under-funding and insufficient expertise. The complexity of these arrangements and the difficulty in evaluating their impact makes a comprehensive guide of the type provided here all the more indispensable. These essays critically examine the functions, procedures, and performance of each of the major UN organs dealing with human rights, including the Security Council and the International Court of Justice as well as the more specialized bodies monitoring the implementation of human rights treaties. Significant attention is devoted to the considerable efforts at reforming the UN's human rights machinery, as illustrated most notably by the creation of the Human Rights Council to replace the Commission on Human Rights. The book also looks at the relationship between the various bodies and the potential for major reforms and restructuring.

Download or read book Indigenous Peoples Consent and Rights written by Stephen Young and published by Routledge. This book was released on 2019-11-19 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing how Indigenous Peoples come to be identifiable as bearers of human rights, this book considers how individuals and communities claim the right of free, prior and informed consent (FPIC) as Indigenous peoples. The basic notion of FPIC is that states should seek Indigenous peoples’ consent before taking actions that will have an impact on them, their territories or their livelihoods. FPIC is an important development for Indigenous peoples, their advocates and supporters because one might assume that, where states recognize it, Indigenous peoples will have the ability to control how non-Indigenous laws and actions will affect them. But who exactly are the Indigenous peoples that are the subjects of this discourse? This book argues that the subject status of Indigenous peoples emerged out of international law in the late 1970s and early 1980s. Then, through a series of case studies, it considers how self-identifying Indigenous peoples, scholars, UN institutions and non-government organizations (NGOs) dispersed that subject-status and associated rights discourse through international and national legal contexts. It shows that those who claim international human rights as Indigenous peoples performatively become identifiable subjects of international law – but further demonstrates that this does not, however, provide them with control over, or emancipation from, a state-based legal system. Maintaining that the discourse on Indigenous peoples and international law itself needs to be theoretically and critically re-appraised, this book problematises the subject-status of those who claim Indigenous peoples’ rights and the role of scholars, institutions, NGOs and others in producing that subject-status. Squarely addressing the limitations of international human rights law, it nevertheless goes on to provide a conceptual framework for rethinking the promise and power of Indigenous peoples’ rights. Original and sophisticated, the book will appeal to scholars, activists and lawyers involved with indigenous rights, as well as those with more general interests in the operation of international law.

Download or read book Draft Detention of Terrorist Suspects Temporary Extension Bills written by Great Britain: Parliament: Joint Committee on the Draft Detention of Terrorist Suspects (Temporary Extension) Bills and published by The Stationery Office. This book was released on 2011-06-23 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Joint Committee scrutinised the Home Office's draft Detention of Terrorist Suspects (Temporary Extension) Bills, which could be enacted urgently if it ever became necessary to extend to 28 days the maximum period for which the police could apply to a High Court judge detain terrorist suspects before charging them. The Committee agrees with the Government's objective, but does not accept the Government's proposals for achieving the objective. When provisions of this kind needed to be introduced after individuals had been arrested; it would be almost impossible to give Parliament the information it would need to scrutinise the legislation adequately without putting at risk a suspect's right to have a fair trial. In addition there is a risk that, if the provision was required in a period of parliamentary recess or dissolution, legislation could not be introduced in time, or at all. The Committee recommends, instead, the introduction of legislation to empower the Secretary of State to make an executive order (with the agreement of the Attorney General and subject to rigorous safeguards), that would temporarily extend the maximum period available for pre-charge detention to 28 days. There would have to be an independent review of the case for making such an order. The Director of Public Prosecutions would continue to be responsible for applications to a High Court judge in individual cases. The Secretary of State would be accountable to Parliament for the decision once there was no longer any risk of prejudicing judicial proceedings.

Download or read book Self Determination as Voice written by Natalie Jones and published by Cambridge University Press. This book was released on 2024-01-18 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Self-Determination as Voice addresses the relationship between Indigenous peoples' participation in international governance and the law of self-determination. Many states and international organizations have put in place institutional mechanisms for the express purpose of including Indigenous representatives in international policy-making and decision-making processes, as well as in the negotiation and drafting of international legal instruments. Indigenous peoples' rights have a higher profile in the UN system than ever before. This book argues that the establishment and use of mechanisms and policies to enable a certain level of Indigenous peoples' participation in international governance has become a widespread practice, and perhaps even one that is accepted as law. In theory, the law of self-determination supports this move, and it is arguably emerging as a rule of customary international law. However, ultimately the achievement of the ideal of full and effective participation, in a manner that would fulfil Indigenous peoples' right to self-determination, remains deferred.

Download or read book Places of Refuge for Ships in Distress written by Anthony Morrison and published by Martinus Nijhoff Publishers. This book was released on 2012-06-08 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: By examining the problem of places of refuge for ships in distress and proposed solutions under international, national and regional law, Places of Refuge for Ships in Distress by Anthony Morrison highlights the need for further solutions and presents alternative solutions.

Download or read book International Standardization and the Agreement on Technical Barriers to Trade written by Andrea Barrios Villarreal and published by Cambridge University Press. This book was released on 2018-10-04 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work examines the international standardization system generally, with a specific focus on some of the bodies within this system. It also questions the lack of definition regarding several features related to the system, notably an international standardizing body and international standards in the Agreement on Technical Barriers to Trade.

Download or read book Competing Fundamentalisms and Egyptian Women s Family Rights written by Jasmine Moussa and published by BRILL. This book was released on 2011-06-22 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate surrounding women’s family rights under Sharī’a-derived law has long been held captive to the competing fundamentalisms of universalism and cultural relativism. These two conflicting perspectives fail to promote practical tools through which such laws can be reformed, without prejudice to their religious nature. This book examines the development of Egypt’s Sharī’a-derived family law, and its compatibility with international obligations to eliminate discrimination against women. It highlights the interplay between domestic reform processes, grounded in the tools of takhayyur, talfiq and ijtihad, and international institutions and mechanisms. In attempting to reconcile these two seemingly dissonant value systems, this book underscores the shortcomings of Egypt’s legislation, proposes particular reforms, while simultaneously presenting alternatives to insular interpretations of international women’s rights law.

Download or read book Court Assistance in the Taking of Evidence in International Arbitration written by Lorenz Raess and published by sui generis Verlag. This book was released on 2020-10-19 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although international arbitration is widely hailed as an efficient, confidential and flexible way of settling commercial disputes, it has its limits. The arbitral tribunal’s lack of coercive power is thrown into particularly stark relief when it comes to the taking of evidence from third parties outside the arbitral proceedings. If they do not comply voluntarily with the request of the arbitral tribunal to testify as a witness or disclose documents, assistance must be sought from state courts. As the success of a case hinges on the evidence that a party can obtain, it is crucial to understand how to obtain evidence through state courts. At the heart of this work is the question of the conditions under which state courts may offer assistance in international arbitral proceedings. With a special focus on Switzerland and comparative aspects, this book provides helpful tactical insights for arbitral practitioners around the world.

Download or read book The African Union AU written by Konstantinos D. Magliveras and published by Kluwer Law International B.V.. This book was released on 2018-02-28 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of The African Union (AU) provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organization’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, its various organs and their mandates, its role in intergovernmental cooperation, and its interaction with decisions taken at the national level. Its competence, its financial management, and the nature and applicability of its data and publications are fully described. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of The African Union (AU) for all interested parties. Students and teachers of international law will find it especially valuable as an essential component of the rapidly growing and changing global legal milieu.