There are many variables of territoriality available to national courts under contemporary international law. Does the same apply to the International Criminal Court? And if so, what are the limits to the teleological expansion of the Court's territorial jurisdiction as regards, for example, partial commission of a crime in State not Party territory, crimes committed over the internet or crimes committed in occupied territories? Michael Vagias's analysis of the law and procedure surrounding the territorial jurisdiction of the Court examines issues such as the application of localisation theories of territoriality and the means of interpretation for article 12(2)(a); the principle of legality (nullum crimen sine lege) and human rights law for the interpretation of jurisdictional provisions; compétence de la compétence; crimes committed over the internet; and the procedure for jurisdictional objections.
Carl Schmitt is one of the most widely read and influential German thinkers of the twentieth century. His fundamental works on friend and enemy, legality and legitimacy, dictatorship, political theolo
During armed conflict, non-State armed groups deprive individuals of their liberty. While this is not a new phenomenon, its pervasiveness is reflected by recent examples in Colombia, Libya, Syria, Ukraine, Mali and the Democratic Republic of the Congo. Yet, examining these activities goes beyond its mere acknowledgment. It involves questions concerning their legality and the non-State armed groups' motivations when depriving individuals of their liberty. Drawing on his personal experiences while working for various humanitarian organizations, Ezequiel Heffes aims at elucidating how international law can be used as a protective tool in relation to individuals placed in detention by non-State armed groups. Based on case studies of selected groups and a normative and doctrinal analysis, he proposes minimum humanitarian principles applicable to those situations. By addressing a contemporary issue that touches upon a number of legal regimes, this study makes a valuable contribution to the l
In recovering assets that are or that represent the proceeds, objects, or instrumentalities of grand corruption, do states violate the human rights of politically exposed persons, their relatives, or their associates? Radha Ivory asks whether cooperative efforts to confiscate illicit wealth are compatible with rights to property in public international law. She explores the tensions between the goals of controlling high-level, high-value corruption and ensuring equal enjoyment of civil and political rights. Through the jurisprudence of regional human rights tribunals and the literature on confiscation and international cooperation, Ivory shows how asset recovery is a human rights issue and how principles of legality and proportionality have mediated competing interests in analogous matters. In cases of asset recovery, she predicts that property rights will likewise enable questions of individual entitlement to be considered in the context of collective concerns with good governance, gl
This book argues that the Dutch East India Company empire manifested itself through multiple networks that amalgamated spatially and over time into an imperial web whose sovereignty was effectively created and maintained but always partial and contingent. Networks of Empire proposes that early modern empires were comprised of durable networks of trade, administration, settlement, legality, and migration whose regional circuits and territorially and institutionally based nodes of regulatory power operated not only on land and sea but discursively as well. Rights of sovereignty were granted to the company by the States General in the United Provinces. Company directors in Europe administered the exercise of sovereignty by company servants in its chartered domain. The empire developed in dynamic response to challenges waged by individuals and other sovereign entities operating within the Indian Ocean grid. By closely examining the Dutch East India Company's network of forced migration thi
Peoples' Tribunals and International Law is the first book to analyse how civil society tribunals implement and develop international law. With contributions covering tribunals in Europe, Latin America and Asia, this edited collection provides cross-disciplinary academic and activist perspectives and unique insights into the phenomenon of peoples' tribunals. Written by academics in law, anthropology and international relations, it also incorporates the reflections of civil society activists and advocates on peoples' tribunals. The collection includes chapters ranging from the Permanent Peoples' Tribunal, successor to the Bertrand Russell Tribunal established to question the legality of the Vietnam War, to recent tribunals addressing atrocities in Soeharto's Indonesia and violations against migrants in Europe. Peoples' Tribunals and International Law offers the first sustained analysis of the different approaches to international law in tribunal proceedings. It will interest scholars of
Global action and regulation is increasingly the result of the interplay between formality and informality. From the management of State conduct in international security to the coordination of national policies in climate change, international organizations work ever closer with coalitions of the willing. This book carefully describes this dynamic game, showing that it consists of transformative orchestration strategies and quasi-formalization processes. On the institutional plane, coalitions of the willing turn into 'durable efforts', while international organizations perform as 'platforms' within broader regime complexes. On the normative level, informal standards are framed in legal language and bestowed with the force of law, while legal norms are attached to multilayered schemes of implementation, characterized by pragmatic correspondences, persuasion tactics, and conceptual framing. Understanding how this interplay alters the notion of 'international legality' is crucial for the
Are intellectual property rights a threat to autonomy, global justice, indigenous rights, access to lifesaving knowledge and medicines? The essays in this volume examine the justification of patents, copyrights and trademarks in light of the political and moral controversy over TRIPS (the Agreement on Trade-Related Aspects of Intellectual Property Rights). Written by a distinguished international group of experts, this book draws on the latest philosophical work on autonomy, equality, property ownership and human rights in order to explore the moral, political and economic implications of property rights in ideas. Written with an interdisciplinary audience in mind, these essays introduce readers to the latest debates in the philosophy of intellectual property, whether their interests are in the restrictions that copyright places on the reproduction of music and printed words or in the morality and legality of patenting human genes, essential medicines or traditional knowledge.
Looking beyond the events of the second intifada and 9/11, this book reveals how targeted killing is intimately embedded in both Israeli and US statecraft, and in the problematic relationship between sovereign authority and lawful violence underpinning the modern state system. It details the legal and political issues raised in targeted killing as it has emerged in practice, including questions of domestic constitutional authority, the use of force in international law, the law of belligerent occupation, the law of targeting and human rights law. The distinctive nature of Israeli and US targeted killing is analysed in terms of the compulsion of legality characteristic of the liberal constitutional state, a compulsion that demands the ability to distinguish between legal 'targeted killing' and extra-legal 'political assassination'. The effect is a highly legalized framework for the extraterritorial killing of designated terrorists that may significantly affect the international law of f
In recovering assets that are or that represent the proceeds, objects, or instrumentalities of grand corruption, do states violate the human rights of politically exposed persons, their relatives, or their associates? Radha Ivory asks whether cooperative efforts to confiscate illicit wealth are compatible with rights to property in public international law. She explores the tensions between the goals of controlling high-level, high-value corruption and ensuring equal enjoyment of civil and political rights. Through the jurisprudence of regional human rights tribunals and the literature on confiscation and international cooperation, Ivory shows how asset recovery is a human rights issue and how principles of legality and proportionality have mediated competing interests in analogous matters. In cases of asset recovery, she predicts that property rights will likewise enable questions of individual entitlement to be considered in the context of collective concerns with good governance, gl
The debate on the status and legality of cannabis continues to gain momentum. Here, personal anecdotes combined with academic and scientific reports combine to sharpen some of the fascinating philosop
In the common law world, Albert Venn Dicey (1835–1922) is known as the high priest of orthodox constitutional theory, as an ideological and nationalistic positivist. In his analytical coldness, his celebration of sovereign power, and his incessant drive to organize and codify legal rules separate from moral values or political realities, Dicey is an uncanny figure. This book challenges this received view of Dicey. Through a re-examination of his life and his 1885 book Law of the Constitution, the high priest Dicey is defrocked and a more human Dicey steps forward to offer alternative ways of reading his canonical text, who struggled to appreciate law as a form of reasoned discourse that integrates values of legality and authority through methods of ordinary legal interpretation. The result is a unique common law constitutional discourse through which assertions of sovereign power are conditioned by moral aspirations associated with the rule of law.
Patriots, Settlers, and the Origins of American Social Policy offers a pathbreaking account of the pivotal role played by entitlement policies during the first hundred years of the United States' existence. Contrary to the story of developmental delay contained in the standard historiography, Laura Jensen reveals that national social policies not only existed in early America, but also were a major instrument by which the fledgling US government built itself and the new nation. From 1776 onwards, Federal pensions and land entitlements figured prominently in the growth and empowerment of a unique American state, the consolidation and expansion of the country, and the political incorporation of a diverse citizenry. The book provides a rich account of how governing institutions, public expectations, ideas about law and legality, political necessity and public policy gave shape to definitions of need, worth, and eligibility in late eighteenth and nineteenth century America.
The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 143 reports on, amongst others, the Decisions of Supreme Court of Canada in R v. Hape, Khadr v. Canada (No. 1) and Khadr v. Canada (No. 2) regarding extraterritorial application of Canadian Charter of Rights and Freedoms, the Decision of the Supreme Court of Denmark in the Thule Tribe Case regarding indigenous land rights and the Decisions of the Court of Appeal of Singapore (Yong v. Public Prosecutor) and the Supreme Court of Uganda (Attorney-General v. Kigula) regarding the legality of the death penalty.
With a broad chronological sweep, this book provides an historical account of Roman law and legal institutions which explains how they were created and modified in relation to political developments and changes in power relations. It underlines the constant tension between two central aspects of Roman politics: the aristocratic nature of the system of government, and the drive for increased popular participation in decision-making and the exercise of power. The traditional balance of power underwent a radical transformation under Augustus, with new processes of integration and social mobility brought into play. Professor Capogrossi Colognesi brings into sharp relief the deeply political nature of the role of Roman juridical science as an expression of aristocratic politics and discusses the imperial jurists' fundamental contribution to the production of an outline theory of sovereignty and legality which would constitute, together with Justinian's gathering of Roman legal knowledge, th
During the revolt of the Netherlands, 'rebels' developed for the first time in modern history political philosophies that had a decisive impact on political reality, influenced the actual course of events, led in fact to the creation of a new state. This was a form of theorizing from sheer necessity to the legitimate sovereign. As such it stands at the beginning of a long tradition of civil disobedience. The volume contains sixty-seven fragments of pamphlets, letters, treaties and other documents, translated from the Dutch, Latin and French, that together provide an insight into the motives of the 'rebels' and into discussions about the legality of the Revolt. Through detailed annotation and an editorial introduction, Professor Kossman and Dr Mellink gather together the threads of the complicated story and analyse some of the major theoretical problems discussed by sixteenth-century Netherlands, and sixteenth-century Europe in general and to all those interested in the history and deve
A guide to safely and legally using CBD to treat injuries and enhance performance.CBD has officially gone mainstream, but many people are still confused about the uses, effects, legality, and safety o
Karen Tracy examines the identity-work of judges and attorneys in state supreme courts as they debated the legality of existing marriage laws. Exchanges in state appellate courts are juxtaposed with t
How to make Islam compatible with contemporary notions of democracy, legality and the state?In this brilliantly argued book, Mohamed Charfi tackles this pressing question facing all Arab-Muslim nation
Images have become an integral part of the political regulation of migration: they help produce categories of legality versus illegality, foster stereotypes, and mobilize political convictions. Yet ho
