Global Justice And Due Process

Author: Larry May
Publisher: Cambridge University Press
ISBN: 1139494643
Size: 41.23 MB
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The idea of due process of law is recognised as the cornerstone of domestic legal systems, and in this book Larry May makes a powerful case for its extension to international law. Focussing on the procedural rights deriving from Magna Carta, such as the rights of habeas corpus (not to be arbitrarily incarcerated) and nonrefoulement (not to be sent to a state where harm is likely), he examines the legal rights of detainees, whether at Guantanamo or in refugee camps. He offers a conceptual and normative account of due process within a general system of global justice, and argues that due process should be recognised as jus cogens, as universally binding in international law. His vivid and compelling study will be of interest to a wide range of readers in political philosophy, political theory, and the theory and practice of international law.

The International Criminal Court In An Effective Global Justice System

Author: Linda E. Carter
Publisher: Edward Elgar Publishing
ISBN: 178471982X
Size: 31.89 MB
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International tribunals need to interface effectively with national jurisdictions, which includes coordination with domestic judicial prosecutions as well as an appreciation for other non-judicial types of transitional justice. In this book, the authors analyze the earlier international tribunals established since the 1990s and the parallel national proceedings for each. In examining the ways in which the ICC can best coordinate with national processes this book considers the ICC’s present interactions with national jurisdictions and the statutory framework of the Rome Statute for interface with national jurisdictions.

Comparative International And Global Justice

Author: Cyndi Banks
Publisher: SAGE Publications
ISBN: 1506337295
Size: 22.45 MB
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Comparative, International and Global Justice: Perspectives from Criminology and Criminal Justice presents and critically assesses a wide range of topics relevant to criminology, criminal justice and global justice. The text is divided into three parts: comparative criminal justice, international criminology, and transnational and global criminology. Within each field are located specific topics which the authors regard as contemporary and highly relevant and that will assist students in gaining a fuller appreciation of global justice issues. Authors Cyndi Banks and James Baker address these complex global issues using a scholarly but accessible approach, often using detailed case studies. The discussion of each topic is a comprehensive contextualized account that explains the social context in which law and crime exist and engages with questions of explanation or interpretation. The authors challenge students to gain knowledge of international and comparative criminal justice issues and think about them in a critical manner. It has become difficult to ignore the global and international dimensions of criminal justice and criminology and this text aims to enhance criminal justice education by focusing on some of the issues engaging criminology worldwide, and to prepare students for a future where fields of study like transnational crime are unexceptional.

Legal Architecture

Author: Linda Mulcahy
Publisher: Routledge
ISBN: 1136862196
Size: 42.27 MB
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Legal Architecture addresses how the environment of the trial can be seen as a physical expression of our relationship with ideals of justice. It provides an alternative account of the trial, which charts the troubled history of notions of due process and participation. In contrast to visions of judicial space as neutral, Linda Mulcahy argues that understanding the factors that determine the internal design of the courthouse and courtroom are crucial to a broader and more nuanced understanding of the trial. Partitioning of the courtroom into zones and the restriction of movement within it are the result of turf wars about who can legitimately participate in the legal arena and call the judiciary to account. The gradual containment of the public, the increasing amount of space allocated to advocates, and the creation of dedicated space for journalists and the jury, all have complex histories that deserve attention. But these issues are not only of historical significance. Across jurisdictions, questions are now being asked about the internal configurations of the courthouse and courtroom, and whether standard designs meet the needs of modern participatory democracies: including questions about the presence and design of the modern dock; the ways in which new technologies threaten to change the dynamics of the trial and lead to the dematerialization of our primary site of adversarial practice; and the extent to which courthouses are designed in ways which realise their professed status as public spaces. This fascinating and original reflection on legal architecture will be of interest to socio-legal or critical scholars working in the field of legal geography, legal history, criminology, legal systems, legal method, evidence, human rights and architecture.

Top Ten Global Justice Law Review Articles 2007

Author: Amos N Guiora
Publisher: Oxford University Press
ISBN: 0195376587
Size: 27.10 MB
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Top Ten Global Justice Law Review Articles 2007 is a thorough and accessible review of the most salient, the most controversial, and the most illuminating essays on security law in the previous calendar year. In this edition, Professor Amos Guiora presents the ten most vital and pertinent law review articles from 2007 written by both scholars who have already gained international prominence as experts in security law as well as emerging voices in the security-law debate. These articles deal with issues of terrorism, security law, and the preservation of civil liberties in the post-9/11 world. The chosen selections derive not just from the high quality and expertise of the articles' authors, but equally from the wide diversity of legal issues addressed by those authors. Guiora combines the expertise of scholars from such accredited institutions as Harvard, Stanford, the U.S Military Academy and the U.S. Department of Defense to provide a valuable resource for scholars and experts researching this important subject area. This annual review provides researchers with more than just an authoritative discussion on the most prominent security debates of the day; it also educates researchers on new issues that have received far too little attention in the press and in academia. These expert scholars and leaders tackle and give voice to these issues that range from cyberterror to detention of suspected terrorists to France's tightening of its civil liberties policy to new restrictions on religious philanthropy and beyond. Together, the vast knowledge and independent viewpoints represented by these ten authors make this volume, of what will be an annual review within the Terrorism, 2nd Series, a valuable resource for individuals new to the realm of security law and for advanced researchers with a sophisticated understanding of the field. Top Ten Global Justice Law Review Articles 2007 serves as a one-stop guidebook on how both the U.S. and the world generally are currently waging the war on terror.

Comparative Criminal Justice Systems

Author: Shahid M. Shahidullah
Publisher: Jones & Bartlett Publishers
ISBN: 1449604250
Size: 77.63 MB
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Written for students of criminal justice, Comparative Criminal Justice Systems: Global and Local Perspectives examines the nature of crime and justice in varying countries and cultures in North America, Europe, Asia, Africa, and Latin America. Using a topical approach, it compares different systems of crime and justice in terms of their differences from, and similarities to, the laws and institutions of modern criminal justice, focusing on the United States as a standard of comparison. By examining different criminal justice systems in terms of their local peculiarities and understanding their change and continuity, readers will gain a well-rounded international perspective of the world's varying systems of criminal justice. Key Features: -Explores the rise of modern criminology and the criminal justice system in the nineteenth century. It is critical for students to understand the history of modern systems to fully comprehend the varying nature of today's main legal systems, focusing on the United States as a standard of comparison. -Employs a topical approach to examine the criminal justice systems in varying countries in Europe, Asia, Africa, and Latin America, including comparative views on law enforcement, judicial systems, corrections, due process of law, and search and seizures. -Includes discussions on comparative processes of criminalization and decriminalization on such issues as domestic violence, child abuse, homosexuality, and sexual harassment. -Discusses new global crimes and their impact on modern and traditional criminal justice systems, including human smuggling, global sex trade, global illegal drug trade, illegal trafficking of conventional military weapons, money laundering, cybercrime, and global terrorism. -Discussion questions ensure that student's grasp the core theoretical concepts.

Kadi On Trial

Author: Matej Avbelj
Publisher: Routledge
ISBN: 1134448449
Size: 37.46 MB
Format: PDF
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The judgment of the European Court of Justice concerning the Kadi case has raised substantive and procedural issues that have caught the attention of scholars from many disciplines including EU law, constitutional law, international law and jurisprudence. This book offers a comprehensive view of the Kadi case, and explores specific issues that are anticipated to resonate beyond the immediate case from which they derive. The first part of the volume sets out an analysis of the new judgment of the Court, favouring a "contextual" reading of what is the latest link in a judicial chain. The following three parts offer interdisciplinary accounts of the decision of the European Court of Justice, including legal theory, constitutional law, and international law. The book closes with an epilogue by Ernst-Ulrich Petersmann, who studies the role of the Kadi case in the methodology of international law and its contribution to the concept of global justice. The book brings together legal scholars from a range of fields, and discusses pressing topics such as the European Union’s objective of ‘the strict observance and the development of international law’, the EU as a site of global governance, constitutional pluralism and the protections of fundamental rights.

Global Energy Justice

Author: Benjamin K. Sovacool
Publisher: Cambridge University Press
ISBN: 1107041953
Size: 60.45 MB
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This book explores how the idea of justice can give us a way to better assess and resolve energy challenges and problems.

Health Inequalities And Global Justice

Author: Patti Tamara Lenard
Publisher: Edinburgh University Press
ISBN: 0748656529
Size: 50.97 MB
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Explores the moral dilemmas posed by disparities in health across nations