Sentencing In International Criminal Law

Author: Silvia D'Ascoli
Publisher: Bloomsbury Publishing
ISBN: 1847316441
Size: 33.32 MB
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This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.

Spanish Administrative Law Under European Influence

Author: Ortega Álvarez Ortega
Publisher: Europa Law Publishing
ISBN: 9789089520838
Size: 34.96 MB
Format: PDF, Kindle
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This book is devoted to the study of the Europeanization of Spanish administrative law and its scope results, therefore, from the intersection of two basic notions On the one hand, Europeanization is here understood as a top-down process of innovation suffered by national law as an outcome of the structural principles which govern the relations between European and national systems On the other hand, the book focuses on some of the most important institutions of Spanish general administrative law in order to give a wide and comprehensive insight into the transformations of the system, going thus beyond the description of the transformations experienced by the regulation of concrete sectors of administrative action. Specifically, regulation of administrative procedure, case law on the right to good administration, public procurement law, public services regulation, interim measures in judicial review and the evolution of administrative sanctions are the main topics with which the book deals. The editors are all well-known specialists in European and Spanish administrative law, Luis Ortega is Professor of Administrative Law, Jean Monnet Professor of European Law and Director of the European Studies Centre of the University of Castilla-La Mancha. Luis Arroyo is Professor of Administrative Law at the University of Castilla-La Mancha and law clerk in the Constitutional Court of Spain, Carmen Plaza Martin is Professor of Administrative Law at the University of Castilla-La Mancha and Member of the European Group of Public Law

Environmental Crime In Europe

Author: Andrew Farmer
Publisher: Bloomsbury Publishing
ISBN: 1509913998
Size: 57.51 MB
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"Environmental crime is a growing challenge for policy makers and law enforcers. This is an important and timely study which examines in depth how environmental crime is treated at national level within the European Union and the impact of the 2008 EU Directive on environmental crime on national systems. It will be required reading by anyone concerned with making environmental law more effective." Richard Macrory, Emeritus Professor, University College London The aim of this important new collection is to explore how environmental crime is controlled and environmental criminal law is shaped and implemented within the European Union and its Member States. It examines the legal framework, looking in particular at Directive 2008/99/EC, and the specific competences of the EU in this domain. In addition, it provides a detailed analysis of environmental criminal law in seven Member States, focusing inter alia on the basic legislation, the way in which environmental pollution is criminalised and the main actors in place to enforce environmental criminal law. In so doing, it provides a much needed explanation of the evolution of environmental criminal law in Europe at Union level and how this is implemented in selected Member States.