Download or read book Historical Pollution written by Francesco Centonze and published by Springer. This book was released on 2017-08-05 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines legal matters regarding the prevention and fighting of historical pollution caused by industrial emissions. "Historical pollution" refers to the long-term or delayed onset effects of environmental crimes such as groundwater or soil pollution. Historical Pollution presents and compares national legal approaches, including the most interesting and effective mechanisms for managing environmental problems in relation with historical pollution. It features interdisciplinary and international comparisons of traditional and alternative justice mechanisms. This book will be of interest to researchers in criminology and criminal justice and related areas, such as politics, law, and economics, those in the public and private sectors dealing with environmental protection, including international institutions, corporations, specialized national agencies, those involved in the criminal justice system, and policymakers.
Download or read book A Guide to the Law and Legal Literature of Chile 1917 1946 written by Helen Lord Clagett and published by . This book was released on 1947 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intended as a supplement to: Guide to the law and legal literature of Argentina, Brazil and Chile / Edwin M. Borchard. G.P.O., 1917.
Download or read book The Role of Courts in Transitional Justice written by Jessica Almqvist and published by Routledge. This book was released on 2013-06-17 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together a group of outstanding judges, scholars and experts with first-hand experience in the field of transitional justice in Latin America and Spain, this book offers an insider’s perspective on the enhanced role of courts in prosecuting serious human rights violations and grave crimes, such as genocide and war crimes, committed in the context of a prior repressive regime or current conflict. The book also draws attention to the ways in which regional and international courts have come to contribute to the initiation of national judicial processes. All the contributions evince that the duty to investigate and prosecute grave crimes can no longer simply be brushed to the side in societies undergoing transitions. The Role of Courts in Transitional Justice is essential reading for practitioners, policy-makers and scholars engaged in the transitional justice processes or interested in judicial and legal perspectives on the role of courts, obstacles faced, and how they may be overcome. It is unique in its ambition to offer a comprehensive and systematic account of the Latin American and Spanish experience and in bringing the insights of renowned judges and experts in the field to the forefront of the discussion.
Download or read book Multilevel Protection of the Principle of Legality in Criminal Law written by Mercedes Pérez Manzano and published by Springer. This book was released on 2017-10-24 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the simultaneous protection of fundamental rights by various norms and jurisdictional organs, focussing on the multilevel protection of the principle of legality in Criminal Law.Written by accredited specialists in criminal law, constitutional law, international public law, and the philosophy of law, the majority of them ex-Counsels of the Spanish Constitutional Court, it addresses various manifestations of the principle of legality: the requirement of precision, the judicial subjection to law and the prohibition of bis in idem. It does so not only from a theoretical perspective, but also through a comparative study of the jurisdiction of the European Court of Human Rights, the Inter-American Court of Human Rights, the Court of Justice of the European Union and state constitutional courts. This practical approach characterizes the book, which culminates in a detailed analysis of the relevant ECtHR Judgement Del Río Prada v. Spain on the retroactivity of unfavourable jurisprudence."Multilevel protection of the principle of legality in Criminal Law" is a useful instrument of reflection for scholars of both the principle of criminal legality and the problems that arise from the concurrency of protective jurisdictions of human rights.
Download or read book Crime and the Administration of Justice in Buenos Aires 1785 1853 written by and published by U of Nebraska Press. This book was released on 2006-01-01 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime and the Administration of Justice in Buenos Aires, 1785-1853, analyzes the emergence of the criminal justice system in modern Argentina, focusing on the city of Buenos Aires as a case study. It concentrates on the formative period of the postcolonial penal system, from the installation of the second Audiencia (the superior justice tribunal in the viceroyalty of Río de la Plata) in 1785 to the promulgation of the Argentine national constitution in 1853, when a new phase of interregional organization and codification began. Through analysis of criminal cases, Barreneche shows how different interpretations of liberalism, the changing roles of the new police and the military, and the institutionalization of education all contributed to the debate on penal reform during Argentina's transition from colony to state. Only through understanding the historical development of legal and criminal procedures can contemporary social scientists come to grips with the struggle between democracy and authoritarianism in modern Argentina.
Download or read book Law and Society in Latin America written by Cesar Garavito and published by Routledge. This book was released on 2014-09-04 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, legal thought and practice in Latin America have changed dramatically: new constitutions or constitutional reforms have consolidated democratic rule, fundamental innovations have been introduced in state institutions, social movements have turned to law to advance their causes, and processes of globalization have had profound effects on legal norms and practices. Law and Society in Latin America: A New Map offers the first systematic assessment by leading Latin American socio-legal scholars of the momentous transformations in the region. Through an interdisciplinary and comparative lens, contributors analyze the central advances and dilemmas of contemporary Latin American law. Among them are pioneering jurisprudence and legal mobilization for the fulfillment of socioeconomic rights in a highly unequal region, the rise of multicultural constitutionalism and legal struggles around identity politics, the globalization of legal education and practice, tensions between developmental policies and environmental justice, and the emergence of a regional human rights system. These and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest and defy conventional accounts of Latin American law inherited from law-and-development studies. Painting a portrait of the new Latin American legal thought for an international audience, Law and Society in Latin America: A New Map will be of particular interest to students of comparative law, legal mobilization, and Latin American politics.
Download or read book The Oxford Handbook of Criminal Process written by Darryl K. Brown and published by Oxford University Press. This book was released on 2019-02-22 with total page 1034 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.
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 Unlawful Attacks in Combat Situations written by Héctor Olásolo and published by BRILL. This book was released on 2008 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Death and destruction are unavoidable effects of war and combat situations. The fact that people have been killed or injured or property has been destroyed should not encourage anyone to rush to the conclusion that war crimes have been committed. On the contrary, before reaching such a conclusion, it is necessary to carefully analyze the conduct of the person causing death, injury or damage in order to ascertain whether such conduct is consistent with international humanitarian law. Technology, law and public opinion on what is acceptable has greatly evolved since World War II. The issue of civilian damage caused in combat operations has become an important topic in public opinion since Operation Desert Storm in 1991. Public pressure to limit incidental civilian damage has notably increased following the NATO aerial campaign in Kosovo in 1999 and the subsequent conflicts in Afghanistan in 2001, Iraq in 2003 and Lebanon 2006. "Unlawful Attacks in Combat Situations" focuses on the manner in which unlawful attacks launched during the conduct of hostilities have been dealt with in the Rome Statute of the International Criminal Court, the international treaty which, to date, deals most comprehensively with war crimes committed in international and non-international armed conflicts, and in the case law of the International Criminal Tribunal for the Former Yugoslavia, the first international judicial body that has investigated and prosecuted crimes committed during the conduct of hostilities since World War II.
Download or read book Explaining Tort and Crime written by Matthew Dyson and published by Cambridge University Press. This book was released on 2022-07-21 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains the development of tort law and criminal law in England by reference to other legal systems from 1850-2020.
Download or read book Punishment in Latin America written by Luiz Dal Santo and published by Emerald Group Publishing. This book was released on 2024-11-21 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging the Northern-centric approach that has dominated the literature on punishment-and-society, this collection draws on innovative theoretical perspectives to make sense of punishment, penal trends, institutions and practices in peripheral settings, taking Latin American countries as its case studies.
Download or read book Comparative Restorative Justice written by Theo Gavrielides and published by Springer Nature. This book was released on 2021-09-20 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection introduces and defines the concept of “comparative restorative justice”, putting it in the context of power relations and inequality. It aims to compare the implementation and theoretical development of restorative justice internationally for research, policy and practice. In Part I, this volume compares practices in relation to the implementing environment - be that cultural, political, or societal. Part II looks at obstacles and enablers in relation to the criminal justice system, and considers whether inquisitorial versus adversarial jurisdictions have impact on how restorative justice is regulated and implemented. Finally, Part III compares the reasons that drive governments, regional bodies, and practitioners to implement restorative justice, and whether these impetuses impact on ultimate delivery. Featuring fifteen original chapters from diverse authors and practitioners, this will serve as a key resource for those working in social justice or those seeking to understand and implement the tenets of restorative justice comparatively.
Download or read book Personal Participation in Criminal Proceedings written by Serena Quattrocolo and published by Springer. This book was released on 2019-01-21 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive analysis of personal participation in criminal proceedings and in absentia trials. Going beyond the accused-centred perspective of default proceedings, it not only examines the consequences of absence in various types of criminal proceedings, but also the fair trial safeguards allowing personal contributions during trials, as well as in pre-trial inquiries, higher instances and transborder procedures. By pursuing an interdisciplinary approach and employing comparative-law methodologies, the book presents a cross-section of twelve European criminal justice systems with regard to the requirements set forth by constitutional, international and EU law.
Download or read book Public Policy and Public Morality written by Grzegorz Blicharz and published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości. This book was released on 2019 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book deals with two very important but imprecise terms in contemporary law, namely public policy and public morality. It is commendable that such a comprehensive work about general clauses has been prepared. They are the elements of the common good which refers directly to Article 1 of the Constitution of the Republic of Poland. The aim of these clauses is to protect the integrity of Polish legal order and the reason why they are applied boils down to the public interest. The clauses refer to the extralegal criteria of a moral, economic or political nature. That is why, for a legal practice, it appears vital that experts contribute to the clarification of their content and meaning as a legal categories. No less important is entrusting or leaving this task to the courts and other legal bodies. These efforts serve to ensure necessary flexibility in applying, in particular, the public policy clause – a safety valve of legal order. prof. Franciszek Longchamps de Bérier, Jagiellonian University in Kraków The theme of the volume and the studies included in it are very interesting and important from a cognitive and applied perspective. The authors of the book represent various academic circles and different legal disciplines, whereas their conclusiveness is an essential value of the presented analyses. Dr hab. Krzysztof Motyka, The John Paul II Catholic University of Lublin, Poland The idea of the authors of the book to discuss the issues of “public policy” and “public morality” as legal clauses in Polish law against the background of legal solutions of the European Union and international law deserves recognition. It efficiently combines the findings of the legal doctrine and the judicial decisions which allows to view these problems not only from the theoretical and legal perspective, but also from a practical angle. The presented definitions, theoretical and legal considerations, as well as the rulings regarding the clauses of “public policy” and “public morality” constitute a starting point for the authors to formulate their own arguments and conclusions de lege lata and de lege ferenda. The authors also skillfully describe the afore-mentioned clauses and demonstrate their close relationship with constitutional axiology, emphasizing their limitative nature and homeostatic role. Dr hab. Paweł Cichoń, Jagiellonian University in Kraków, Poland
Download or read book The Triggering Procedure of the International Criminal Court written by Héctor Olásolo and published by BRILL. This book was released on 2005-10-01 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.
Download or read book 2022 written by Ernst Karner and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-12-18 with total page 814 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rethinking Money Laundering Financing of Terrorism in International Law written by Roberto Durrieu and published by Martinus Nijhoff Publishers. This book was released on 2013-05-16 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Rethinking Money Laundering & Financing of Terrorism in International Law: Towards a New Global Legal Order, Roberto Durrieu provides a broad and original analysis of the phenomenon of money laundering, through a thorough examination of the financing of terrorism. The necessity of excluding the financing of terrorism from the legal definition of money laundering is clearly illustrated through extensive, original and comparative research. In addition, the book advocates the recognition of money laundering as an international crime strictu sensu that can be tried by a special international tribunal. The hidden, mutable, complex and global nature of the crime must be addressed multilaterally through a new, integrated and more effective global legal order which is consistent and compatible with civil guarantees and human rights principles. Part I studies the main extra-legal and legal aspects of money laundering by analyzing the meaning, causes and effects of this phenomenon and their link with the financing of terrorism, with special attention to the interconnection between the so-called preventive/regulatory AML-CFT system and the punitive approach. Part II provides a global-comparative analysis to determine whether or not the adoption of money laundering offences is consistent with sound principles of criminal law and criminal procedure. Finally, Part III examines the jurisdictional problems with respect to extra-territorial and large-scale money laundering cases. The book offers nuanced and thought-provoking answers to questions regarding the prohibition of money laundering, the financing of terrorism, and the relationship between them, the current state of associated International Law, the need for future action, and the human rights consequences of these crimes.
