Download or read book The Criminal Responsibility of Senior Political and Military Leaders as Principals to International Crimes written by Héctor Olásolo and published by Bloomsbury Publishing. This book was released on 2009-05-15 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: As shown by the trials of Slobodan Milosevic, Charles Taylor and Saddam Hussein, the large-scale and systematic commission of international crimes is usually planned and set in motion by senior political and military leaders. Nevertheless, the application of traditional forms of criminal liability leads to the conclusion that they are mere accessories to such crimes. This does not reflect their central role and often results in a punishment which is inappropriately low in view of the impact of their actions and omissions. For these reasons, international criminal law has placed special emphasis on the development of concepts, such as control of the crime and joint criminal enterprise (also known as the common purpose doctrine), which aim at reflecting better the central role played by senior political and military leaders in campaigns of large scale and systematic commission of international crimes. The Rome Statute of the International Criminal Court and the case law of the ICTY and the ICTR have, in recent years, played a unique role in the achievement of this goal.
Download or read book The Draft Common Frame of Reference as a Toolbox for Domestic Courts written by Marta Santos Silva and published by Springer. This book was released on 2017-07-03 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates whether national courts could and should import innovative solutions from abroad in the adjudication of complex legal disputes. Special attention is paid to the concept of “legally relevant damage” and its importance in overcoming the deadlock created by the category of “pure economic loss” in the Portuguese and German tort law systems. These systems are essentially based on the concept of unlawfulness (“Rechtswidrigkeit”), which limits the compensation for pure economic loss to where a protective rule is infringed. These losses have nevertheless been compensated for through the extensive interpretation of rules and the appeal to near-contractual devices, which has been detrimental to legal certainty, the equality before the law, and subjects’ freedom of action. This book explains why courts can and should take a proactive role and apply DCFR-based solutions in order to compensate for every loss that is worthy of legal protection.
Download or read book Guide to the Law and Legal Literature of Argentina Brazil and Chile written by Edwin Borchard and published by . This book was released on 1917 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Tort Law in Portugal written by Nuno Manuel Pinto Oliveira and published by Kluwer Law International B.V.. This book was released on 2020-07-21 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Portugal. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers Portugal. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
Download or read book International Encylopedia of Comparative Law Instalment 7 written by K. Zweigert and published by Martinus Nijhoff Publishers. This book was released on 1981-08-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: No Sales rights in German-speaking countries, Eastern Europe, Portugal, Spain, Italy, Greece, South and Central America
Download or read book Treatment of Foreign Law Dynamics towards Convergence written by Yuko Nishitani and published by Springer. This book was released on 2017-07-04 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work presents a thorough investigation of existing rules and features of the treatment of foreign law in various jurisdictions. Private international law (conflict of laws) and civil procedure rules concerning the application and ascertainment of foreign law differ significantly from jurisdiction to jurisdiction. Combining general and individual national reports, this volume demonstrates when and how foreign law is applied, ascertained, interpreted and reviewed by appeal courts. Traditionally, conflicts lawyers have been faced with two contrasting approaches. Civil law jurisdictions characterize foreign law as “law” and provide for the ex officio application and ascertainment of foreign law by judges. Common law jurisdictions consider foreign law as “fact” and require that parties plead and prove foreign law. A closer look at various reports, however, reveals more differentiated features with their own nuances among civil law jurisdictions, and the difference of the treatment of foreign law from other facts in common law jurisdictions. This challenges the appropriacy of the conventional “law-fact” dichotomy. This book further examines the need for facilitating access to foreign law. After carefully analyzing the benefits and drawbacks of existing instruments, this book explores alternative methods for enhancing access to foreign law and considers practical ways of obtaining information on foreign law. It remains to be seen whether and the extent to which legal systems around the world will integrate and converge in their treatment of foreign law.
Download or read book Globalization of contractual law written by Frederico Eduardo Zenedin Glitz and published by Frederico Glitz Consultoria Jurídica. This book was released on 2014-12-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts the proposition that it is possible to the customs to be sources of contractual obligations. To support that premise, it was necessary to seek jurisprudential (arbitration and litigation) and comparative basis. Even more, due to contract law internationalization, customary international sources should be subject of domestic treatment, as they provide contractual obligations as well as they work as contractual interpretation tool. However, one can´t neglect the need to control the customary content. In detailed terms, then, we can say that the role reserved for the custom as contractual law rules source has always been residual in Brazilian law. Accompanying the modern European experience, doctrine and Brazilian legislation emphasize the secondary, when not merely interpretive, role of the contractual custom. In turn, Brazilian case law wasn´t able to give general treatment to contractual custom. Moreover, the process of reducing distances and cultural, social and economic approximation, usually called globalization, influenced the contracts through the incorporation of a number of solutions brought from the international trade practice. Although they might be justified by the age-old principle of freedom, somehow these international "uses" insinuate themselves into Brazil to the point of requiring that the Brazilian Courts themselves to give them treatment and shelter. On one side, if you deny the existence of a creative normative role in contractual custom by another, albeit indirect, is recognized not only their existence but the possibility of foreign origin. This paradoxical treatment reflects, to some extent, another consequence: the Brazilian contract law is in the process of internationalization. Here, then, a new confrontation is announced: a broad creative freedom (a tributary of the so-called Lex mercatoria) and the foreign act incorporation control (public policy). Unlike before, however, no simplistic answer would be feasible, particularly because of the complexity of contemporary and regulatory Brazilian contract law.
Download or read book Football Gambling and Money Laundering written by Fausto Martin De Sanctis and published by Springer. This book was released on 2014-05-05 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professional football means many things to many people. For players, a means to possible fame and fortune. For fans, a source of local or national pride, and perhaps the chance to score with a few bets. For criminal organizations, a cover for making millions in corrupt enterprises. In the world of gambling this is no different. Football, Gambling, and Money Laundering describes in impressive detail the scope of the problem, the layers of denial that allow sports-related financial crime to flourish, and the steps that are being taken--and that need to be taken--to combat illicit operations in the sports world. Expert analysis explains criminal activity in the context of football, and how sports governing bodies, the media, and others have created a culture that regularly turns a blind eye. International data and instructive legal case examples shed light on the role of the Internet in the spread of gambling and money laundering as well as the strengths and weaknesses of current law enforcement, legislative, and sports-based efforts in fighting corruption. Included in the coverage: • Criminal activity in the sports world • Financial crime and exploitation in football and gambling • Legal wagering and illegal betting, including online • Illegal and disguised payment instruments used by organized crime • International legal cooperation in combating money laundering • National and international proposals for improving the sports and gambling industries to prevent money laundering An authoritative reference to a growing and wide-reaching concern, Football, Gambling,and Money Laundering will find an interested audience among academics, prosecutors, judges, law enforcement officials, and others involved in efforts to curb corruption and money laundering in the world of football.
Download or read book The Western Codification of Criminal Law written by Aniceto Masferrer and published by Springer. This book was released on 2018-03-09 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.
Download or read book The best articles of the II Seven International Multidisciplinary Congress written by Osmar José Accorsi and published by Seven Editora. This book was released on with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Temos o prazer de lançar o primeiro livro do congresso internacional na área multidisciplinar, que tem como título The best articles of the II Seven International Multidisciplinary Congress, essa obra reúne os melhores artigos voltados na área do desenvolvimento apresentado em congresso, sendo a mesma pela Seven Publicações Ltda. A Seven Editora, agradece e enaltasse os autores que fizeram parte desse livro. Desejamos uma boa leitura a todos!
Download or read book Inter American Yearbook on Human Rights Anuario Interamericano de Derechos Humanos Volume 17 2001 written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2023-01-30 with total page 1039 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law Reason and Emotion written by Mortimer Sellers (org.) and published by Initia Via Editora. This book was released on with total page 1217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume II: Special Workshops Initia Via Editora
Download or read book Contractual Performance and COVID 19 written by Franz Schwarz and published by Kluwer Law International B.V.. This book was released on 2021-11-25 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the COVID-19 pandemic continues to take its toll, contractual parties have frequently faced significant obstacles in performing their contractual obligations due to unexpected impediments arising from the pandemic and government measures taken in response. This indispensable book – the most comprehensive comparative examination of the impact of the COVID-19 pandemic on contractual performance – discusses the legal provisions and doctrines available to address these issues. The book examines under what circumstances COVID-19-related impediments may excuse contractual performance or lead to modification or termination of the affected contractual obligations in twelve representative civil and common law jurisdictions – the United States, England and Wales, Singapore, Brazil, Germany, France, Switzerland, Austria, Hong Kong, Costa Rica, China, and Russia. For each country, the book examines the following aspects in depth: the relevant fundamental legal principles; the various legal emergency valves available to an obligor to respond to COVID-19-related events; any remedies available to the obligee; selected examples for specific government measures related to particular types of contracts (e.g., construction, employment, lease agreements); and how the legal framework applies in typical factual scenarios. As further legal and factual developments occur, and with further jurisdictions being added, this publication will continue to be updated both online and in print. The book provides a detailed explanation under what conditions the emergency valves specific to each jurisdiction may apply. It cuts through the seeming complexity of the various legal rules and doctrines in these jurisdictions and shows that they often produce similar results in practice. The book thus opens up a wealth of insights for businesses, practitioners, and academics around the globe by providing an easily accessible analytical framework across key jurisdictions and typical factual scenarios. ‘Definitely mandatory reading for practitioners and academics alike!’ –Klaus Peter Berger, University of Cologne ‘Everyone who has had or is likely to have a brush with a COVID-19-induced legal issue would be well advised to keep this book within arm’s reach.’ – Davinder Singh, Davinder Singh Chambers LLC, Singapore ‘The “holy book” for all those lawyers whose clients become ensnared in the rising attempts to fix legal liability midst the rampant COVID-19.’ – Charles Brower, Twenty Essex, London
Download or read book Property and Trust Law in Portugal written by Sandra Passinhas and published by Kluwer Law International B.V.. This book was released on 2019-11-22 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Portugal deals with the issues related to rights and interests in all kinds of property and assets – immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Portugal will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.
Download or read book Foundations of Property Law written by Christian von Bar and published by Oxford University Press. This book was released on 2023-08-25 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foundations of Property Law: Things as Objects of Property Rights is an abridged translation of the first volume of Christian von Bar's Gemeineuropäisches Sachenrecht -a milestone in European private law theory, and in comparative property law more broadly. Radical in content and scope, the English version examines the dynamics of interaction between the objects, contents, and holders of property. The conceptual framework of 'property law' is presented as a domain of erga omnes monopoly rights that govern the relationship between persons and objects of value. Within that framework, a reciprocal relationship is illustrated between "property rights" and their objects; property rights play a role in constituting the very objects ("things") in which they are held. With comprehensive comparative analysis, insights are gleaned from all the jurisdictions of the European Union and the United Kingdom, presenting a critical evaluation of property law systems in both Common and Civil Law traditions. This book joins all the national legal systems in a single inquiry, treating their traditions and arguments with the respect they deserve and taking advantage of the knowledge embodied in the diversity of European private law. A scholastic work, offering deep and unique insights into the European property law systems, Foundations of Property Law will quickly become a go-to resource for anyone interested in European private law and comparative property law.
