Download or read book The European Arrest Warrant and EU Citizenship written by Joske Graat and published by Springer Nature. This book was released on 2022-09-09 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an in-depth analysis of the relationship between EU citizenship, the European arrest warrant (EAW), and the legality principle. It focuses on the role of the EAW in relation to two foreseeability problems with which EU citizens – especially those who exercise free movement rights – could be confronted. These problems concern the foreseeability of specific national criminal laws at the time of the offense on the one hand and forum decisions on the other. The first part of the book addresses the extent to which these foreseeability problems and the role of the EAW therein are viewed as legality problems at the EU level and in three national legal orders (the Netherlands, Germany, and England and Wales). In turn, the second part of the book critically examines the current scope and content of the legality principle in light of the EU’s objective to offer its citizens an Area of Freedom, Security and Justice (AFSJ) in which both safety and free movement are guaranteed. As EU citizens often encounter foreseeability problems when exercising their free movement rights, it is argued that they should be protected by a transnational framework of fundamental rights. The book subsequently makes recommendations for a transnational interpretation of the legality principle, one which fits the normative context of the AFSJ as described in Article 3(2) TEU. On the basis of the evolution of EU citizenship over time, the book also develops two EU citizenship narratives and explains how they could contribute to transnational fundamental rights protection and a solution to foreseeability problems. With regard to arriving at concrete solutions, the book offers recommendations for EU legislation that could adequately remedy foreseeability problems and the role of the EAW therein.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book State of North Carolina Extradition Manual written by Robert L. Farb and published by Unc School of Government. This book was released on 2013 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: This manual provides an overview of the extradition process. It will help officials who play a role in extradition (the arresting officer, magistrate, prosecutor, court clerk, or judge), as well as defense attorneys, understand how their actions fit into the overall process. The manual covers related statutes and issues such as the Interstate Agreement on Detainers.
Download or read book Extradition written by Council of Europe and published by Council of Europe. This book was released on 2006-01-01 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fight against today's new forms of criminality, across Europe and beyond, can only succeed if we have the necessary tools, in particular through effective mechanisms dealing with extradition. For over fifty years, the Council of Europe has been developing a set of instruments dealing with extradition, be it in the form of conventions or resolutions and recommendations to member states. This publication presents notes and comments on the Council of Europe's legal instruments on extradition. It includes the current status of the case law of the European Court of Human Rights on extradition matters and on other transnational criminal proceedings. It also brings together the non-binding instruments on extradition adopted by the Council of Europe's Committee of Ministers. Practitioners, policy makers and researchers dealing with extradition matters will find this publication a useful and up-to-date reference document.
Download or read book Surrendering to International Criminal Courts written by Geert-Jan G. J. Knoops and published by Brill Nijhoff. This book was released on 2002 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly specialized study assesses the procedure of surrender of individuals to international criminal courts, based on the practices of the International Criminal Court (ICC), that of the Former Yugoslavia (ICTY), and that of Rwanda (ICTR). The study includes discussion of the difference between extradition and surrender, the different conceptual systems of the three courts with regard to surrender obligations and rights, the judicial implications of surrender, the specific surrender defenses used in the three courts, and aspects of international extradition law and human rights law. Specific cases from the three courts are cited throughout. Knoops is a criminal lawyer in The Hague in The Netherlands. Annotation copyrighted by Book News, Inc., Portland, OR
Download or read book Universal Jurisdiction in Modern International Law written by Mitsue Inazumi and published by Intersentia nv. This book was released on 2005 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study is based on the following questions: Which jurisdiction can and should be exercised for the prosecution of individuals responsible for gross and serious violations of human rights? And especially, in this regard, what is the role of universal jurisdiction? In explaining the modern jurisdictional regime, this study illuminates the historical phenomenon of the expansion of jurisdiction in Chapter II, and conducts in-depth research particularly into universal jurisdiction in Chapter III and IV. This study explicates the notion of universal jurisdiction in history and in theory, categorizing its nature by two aspects (permissive or obligatory, and supplemental or primary), and underscores the differences between ordinary universal jurisdiction and universal jurisdiction in absentia. Having made an analysis on the legality of jurisdiction, this study has proceeded to examine the appropriateness of exercising jurisdiction. Noting the danger of conflicts of jurisdiction, Chapter V attempts to compile some guiding rules that can be utilised in determining the appropriateness of jurisdiction, thus answering the question of Which jurisdiction should be exercised'. Chapter VI then applies these guiding rules to non-territorial jurisdiction, namely universal jurisdiction. The observations deduced from the application of the guiding rules demonstrates, together with the analysis of the legality of universal jurisdiction in Chapter IV, the role of universal jurisdiction within the modern jurisdictional regime.
Download or read book Extradition Agreement with the European Union written by European Union and published by . This book was released on 2006 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The International Criminal Court written by William Schabas and published by Oxford University Press, USA. This book was released on 2010 with total page 1331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court has been operational since mid-2003, following the entry into force of the Rome Statute of the International Criminal Court on 1 July 2002. The Rome Statute is among the most complex international treaties, a combination of public international law, international humanitarian law and criminal law, both international and domestic. The Commentary provides an article-by-article analysis of the Statute. Each of the 128 articles is presented accompanied by a bibliography of academic literature relevant to that provision, an overview of the drafting history of the provision and an analysis of the text. The analytical portion of each chapter draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and the related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence and the Relationship Agreement with the United Nations. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret and apply the complex provisions of the Rome Statute
Download or read book United States Congressional Serial Set Serial No 15007 Senate Treaty Documents Nos 13 22 written by and published by Government Printing Office. This book was released on with total page 1106 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bringing International Fugitives to Justice written by David A. Sadoff and published by Cambridge University Press. This book was released on 2016-12-24 with total page 725 pages. Available in PDF, EPUB and Kindle. Book excerpt: A novel and robust examination of all policy means and their lawfulness for recovering fugitives abroad via extradition or its alternatives.
Download or read book European supervision order written by Great Britain: Parliament: House of Lords: European Union Committee and published by The Stationery Office. This book was released on 2007-07-25 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is estimated that at any one time 4,500 EU nationals are held in custody in countries other than their normal place of residence. As they are less likely to be granted bail (because of a greater perceived of absconsions) the Commission has proposed a European supervision order (ESO), which would mean that authorities in a person's home State would also be responsible for returning them for trial. This report examines the proposal in detail and makes some recommendations for improvement. The Committee welcome the proposal and think it deserves prompt attention by Member States.
Download or read book The International Criminal Court written by William A. Schabas and published by Oxford University Press. This book was released on 2017-01-19 with total page 1689 pages. Available in PDF, EPUB and Kindle. Book excerpt: Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute.This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.
Download or read book International Crimes Peace and Human Rights The Role of the International Criminal Court written by Dinah Shelton and published by BRILL. This book was released on 2021-10-01 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays by sixteen outstanding authorities in the relevant fields assesses The International Criminal Court from the perspective of the year 1998 when it was first established by the Rome Statute. The book's detailed analysis of the potential uses (and misuses) of the Statute—its lacunae and shortcomings as well as its signal advances in jurisdiction and accountability—make International Crimes, Peace and Human Rights a significant reference and guide, not only to the Rome Statute, but also to the Court's jurisprudence as it develops in the coming years and decades. Published under the Transnational Publishers imprint.
Download or read book The International Criminal Court and the Transformation of International Law Justice for the New Millenium written by Leila Sadat and published by BRILL. This book was released on 2021-10-01 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Sadat's book is a valuable "restatement" of international criminal law, discovering and delineating the process that led the United Nations from Nuremberg to the Rome Statute of an International Criminal Court. "With the establishment of the International Criminal Court we enter an exciting era in the development of internatonal criminal law. This well written and thoroughly researched work provides a comprehensive and insightful analysis and critique of the Rome Statute and the impact of prosecuting war criminals" -- Justice Richard Goldstone Published under the Transnational Publishers imprint.
Download or read book The Legislative History of the International Criminal Court 2 vols written by M. Cherif Bassiouni and published by BRILL. This book was released on 2016-10-05 with total page 1621 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique work is an article-by-article drafting history of the ICC Statute containing all versions of every article in the Statute as it evolved from 1994 to 1998. It also integrates in the Statute's provisions the "Elements of the Crimes" and the "Rules of Procedure and Evidence" adopted by the Preparatory Commission (1998-2000) and the Regulations of the Court adopted by the plenary of judges. A description of the ICC mechanisms and institutions precedes this article-by-article legislative history. Other relevant documents are also included, such as those concerning the privileges and immunities and financial regulations of the Court, as well as its relationship with the United Nations. This new edition contains the amendments adopted at the Kampala Conference, amendments to the Rules of Procedure and Evidence and the Regulations of the Court, and references to relevant case law cover ing the first decade of the Court’s judicial activity. It also offers an insightful first-hand account of the drafting process both prior to and during the Rome Diplomatic Conference, along with a detailed historical survey of the efforts to establish the ICC. Government officials, judges, practitioners, and scholars seeking to interpret and understand the ICC Statute will find this publication unmatched for completeness and ease of use.
Download or read book The Oxford Companion to International Criminal Justice written by and published by OUP Oxford. This book was released on 2009-01-22 with total page 1096 pages. Available in PDF, EPUB and Kindle. Book excerpt: The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts. The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.
