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BOOK EXCERPT:
Examines how high-ranking public officials commit transnational crimes and avoid accountability by exploiting international law immunities.
Product Details :
Genre |
: Law |
Author |
: Yuliya Zabyelina |
Publisher |
: Cambridge University Press |
Release |
: 2023-12-31 |
File |
: 297 Pages |
ISBN-13 |
: 9781316514580 |
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BOOK EXCERPT:
The fight against impunity has become a growing concern of the international community. Updated in 2005, the UN Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity is the fruit of several years of study, developed under the aegis of the UN Commission on Human Rights and then affirmed by the Human Rights Council. These Principles are today widely accepted as constituting an authoritative reference point for efforts in the fight against impunity for gross human rights abuses and serious violations of international humanitarian law. As a comprehensive attempt to codify universal accountability norms, the UN Set of Principles marks a significant step forward in the debate on the obligation of states to combat impunity in its various forms. Bringing together leading experts in the field, this volume provides comprehensive academic commentary of the 38 principles. The book is a perfect companion to the document, setting out the text of the Principles alongside detailed analysis, as well as a full introduction and a guide to the relevant literature and case law. The commentary advances debates and clarifies complex legal issues, making it an essential resource for legal academics, students, and practitioners working in fields such as human rights, international criminal law, and transitional justice.
Product Details :
Genre |
: Law |
Author |
: Frank Haldemann |
Publisher |
: Oxford University Press |
Release |
: 2018-03-16 |
File |
: 481 Pages |
ISBN-13 |
: 9780191061288 |
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BOOK EXCERPT:
This book uses a series of high-profile cases to illustrate the key elements of transnational bribery law. It analyzes the law through the lenses of two competing theoretical approaches: the OECD paradigm and the anti-imperialist critique. It ultimately defends an alternative distinctively inclusive and experimentalist approach to transnational bribery law.
Product Details :
Genre |
: Business & Economics |
Author |
: Kevin E. Davis |
Publisher |
: Oxford University Press, USA |
Release |
: 2019 |
File |
: 345 Pages |
ISBN-13 |
: 9780190070809 |
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BOOK EXCERPT:
Introductory Remarks on the Perspective and Intent of the Author in Writing This Monograph The European Court of Human Rights comments in the judgment Korbely v. Hungary that: However, clearly drafted a legal provision may be, in any system of law, including criminal law, there is an inevitable element of judicial interpretation. There will always be a need for elucidation of doubtful points and for adaptation to changing circumstances. Indeed, in the Convention States, the progressive development of the criminal law through judicial law making is a well-entrenched and necessary part of legal tradition...The Court’s role is con?ned to ascertaining whether the effects of such an interpretation [interpretation by the national courts and authorities of domestic law which sometimes may refer to or incor- rate international law principles or agreements] are compatible with the Convention 1 [European Convention on Human Rights and Fundamental Freedoms] (emphasis added). This book then examines to what degree this “inevitable element of judicial interpretation” has been applied by the European Court of Human Rights in a manner consistent with the guarantees of the most fundamental human rights under international criminal, human rights and humanitarian law.
Product Details :
Genre |
: Law |
Author |
: Sonja C. Grover |
Publisher |
: Springer Science & Business Media |
Release |
: 2010-04-05 |
File |
: 317 Pages |
ISBN-13 |
: 9783642107993 |
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BOOK EXCERPT:
When faced with those who act with impunity, we seek the protection of law. We rely upon the legal system for justice, from international human rights law that establishes common standards of protection, to international criminal law that spearheads efforts to end impunity for the most heinous atrocities. While legal processes are perceived to combat impunity, and despite the ready availability of the law, accountability often remains elusive. What if the law itself enables impunity? Law's Impunity asks this question in the context of the modern Private Military Company (PMC), examining the relationship between law and the concepts of responsibility and impunity. This book proposes that ordinary legal processes do not neutralise, but rather legalise impunity. This radical idea is applied to the abysmal record of human rights violations perpetrated by the modern PMC and the shocking absence of accountability. This book demonstrates how the law organises, rather than overcomes, impunity by detailing how the modern PMC exploits ordinary legal processes to systematically exclude itself from legal responsibility. Thus, Law's Impunity offers an alternative to conventional thinking about the law, providing an innovative approach to assess and refine the rigour of legal processes in the ongoing quest to end impunity.
Product Details :
Genre |
: Law |
Author |
: Hin-Yan Liu |
Publisher |
: Bloomsbury Publishing |
Release |
: 2015-09-24 |
File |
: 402 Pages |
ISBN-13 |
: 9781782259633 |
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BOOK EXCERPT:
Evidence shows that national justice has been slow, ineffective or unwilling to judge major political and military leaders responsible for genocide, war crimes and crimes against humanity on a large scale. Hence the justification for international criminal justice. This book reviews the achievements and limitations of the International Criminal Tribunals for the former Yugoslavia and Rwanda, and the creation of mixed national/international courts: the Special Court for Sierra Leone and the Cambodia Tribunal. The major, unexpected and promising judiciary innovation is however the creation of the International Criminal Court in 1998, supported by the UN, European Union members and other countries, effectively promoted by NGOs, but strongly opposed by the USA. The Court will have to show that it is a fair and valuable instrument in fighting impunity at the international level. Not a legal treatise, this book combines historical, legal and political elements in a highly readable text on the development of international criminal justice, which should be of interest to both the academic community, international organisations and concerned observers.
Product Details :
Genre |
: Law |
Author |
: Yves Beigbeder |
Publisher |
: BRILL |
Release |
: 2005-06-01 |
File |
: 257 Pages |
ISBN-13 |
: 9789047407799 |
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BOOK EXCERPT:
This book introduces a new conceptual framework for impunity within state crime theory and uses Turkish state criminality against Kurds between 1990 and 2000 as a case study. It develops an understanding of impunity that goes beyond viewing the state solely as an actor, facilitator, or denier of crime. It argues for an expanded definition of state crime to encompass criminal acts and processes undertaken by states, including impunity. Building on field research, case analysis, and interviews, this book digs deep into the mechanics of impunity and ways in which the Turkish state has evaded punishment for its criminal acts. In doing so, Framing Impunity in the Context of State Crime uncovers a close connection between the crimes of the government and the impunity which allowed those crimes to flourish. It demonstrates that state violence and impunity are endemic in the structural design of the Turkish state and serve to further both the state goals of ethnic and religious assimilation and the subsequent persecution of those who refused to be assimilated into the new state construction. The book uses Stanley Cohen’s work on states of denial techniques to examine how states justify their illegal acts in order to deny and/or to evade responsibility for their crimes. Cohen’s work on denial at the organisational level is central to the question of impunity because, as a form of state crime, impunity involves various state institutions or actors representing the very state machinery deployed to conceal and deny state criminality. An accessible and compelling read, this book will appeal to law students, scholars, researchers, NGOs, and civil society organisations. It will have broader applicability beyond the case study of Turkey and will be valuable to academics and policymakers worldwide who focus on the intersection of state crime and impunity.
Product Details :
Genre |
: Political Science |
Author |
: Sanya Karakas |
Publisher |
: Taylor & Francis |
Release |
: 2024-08-20 |
File |
: 169 Pages |
ISBN-13 |
: 9781040121467 |
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BOOK EXCERPT:
When a renowned Puerto Rican surgeon is slapped with a malpractice suit out of nowhere that defies all trustworthy existing scientific knowledge, he must face the absurdity and injustice of all levels of the local courts up to the P.R. Supreme Court, and later advance to Appellate and Supreme Courts of the U.S. He describes his insights into the failures of the system toward common citizens and the backroom deals that define our legal practices: the faulty, highly politicized selection of judges and justices; deficient preparation and evaluation of lawyers and, above all, the perceived absolute immunity and impunity of judges who answer to no one for their failures in applying the law. It is a thought-provoking read that will challenge the notion that the legal system exists to protect the rights of all citizens.
Product Details :
Genre |
: Law |
Author |
: Enrique Vázquez Quintana M.D. |
Publisher |
: Archway Publishing |
Release |
: 2023-02-22 |
File |
: 263 Pages |
ISBN-13 |
: 9781665738354 |
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BOOK EXCERPT:
Product Details :
Genre |
: Law |
Author |
: Adv. Charvi Duggal |
Publisher |
: Kavya Publications |
Release |
: |
File |
: 131 Pages |
ISBN-13 |
: 9789391722104 |
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BOOK EXCERPT:
Words: A User's Guide is an accessible and invaluable reference that is ideal for students, business people and advanced learners of English. The book is structured in groups of words that may be confused because they sound alike, look alike or seem to have similar meanings, and this approach makes it much more intuitive and easy to use than a dictionary. Contrasting over 5000 words (such as habitable and inhabitable, precipitation and rainfall, reigns and reins), Words: a User’s Guide provides examples of usage adapted from large national databases of contemporary English, and illustrates each headword in typical contexts and phrases. This book gives you straightforward answers, and helps with pronunciation, spelling, style and levels of formality. For those working internationally it presents international standards and compares usage in Britain and the USA. Words: A User’s Guide is an excellent resource for anyone who wants to communicate well in written and spoken English. "At last! A book about the use of words that clarifies and de-mystifies in an eminently usable way. I would recommend it to anyone who wants to write well. It is a book to keep." Sandy Gilkes, Head of the Centre for Academic Practice, University of Northampton "Rigorous, fresh, intriguing and downright useful, it deserves a place on every properly stocked reference shelf." Brian Cathcart, Professor of Journalism, Kingston University "From the pedantic to the permissive, everyone who’s interested in the English language and the way we speak and write it will want a copy of this practical, entertaining book." Wynford Hicks (author of Quite Literally and The Basics of English Usage)
Product Details :
Genre |
: Language Arts & Disciplines |
Author |
: Graham Pointon |
Publisher |
: Routledge |
Release |
: 2014-06-03 |
File |
: 453 Pages |
ISBN-13 |
: 9781317864295 |