pluralism in international criminal law

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Pluralism In International Criminal Law

Author : Elies van Sliedregt
ISBN : 9780198703198
Genre : Law
File Size : 64. 79 MB
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"Collection of papers presented at the conference "Pluralism v Harmonization: National Adjudication of International Crimes" that was held in June 2012 in Amsterdam"--Acknowlegements.

The Diversification And Fragmentation Of International Criminal Law

Author : Larissa van den Herik
ISBN : 9789004214590
Genre : Law
File Size : 72. 46 MB
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This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.

Fictions Of Justice

Author : Kamari Maxine Clarke
ISBN : 9780521889100
Genre : Law
File Size : 60. 86 MB
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This book explores how notions of justice are negotiated through everyday micropractices and grassroots contestations of those practices.

Pluralism And Law

Author : Arend Soeteman
ISBN : 3515084460
Genre : Social Science
File Size : 43. 93 MB
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Contents Brenda M. Baker: Will Kymlicka on Minority Cultures and their Entitlements - Patricia Smith: Legal Reason, Human Rights and Plural Values - B. de Castro Cid: Some paradoxes about collective human rights - Winfried Brugger: The Common Good and Pluralism in the Modern Constitutional State - Carla M. Zoethout: Does the multicultural Society Require New Human Rights? An Appeal to the Ideal of Constitutional Democracy - Valentin Petev: Legal Ought and Moral Ought in a Pluralistic Society - John Mikhail: Islamic Rationalism and the Foundation of Human Rights - Kamal Hossain: Pluralism and the Law, Evolving legal frameworks for change in Muslim societies: some reflections - Kate McMillan: Non-indigenous minority rights in the neo-liberal state: the New Zealand experience - Agnes T. M. Schreiner: Observing the differences - Christoph Eberhard / Nidhi Gupta: Towards a Pluralist and Intercultural Approach to Law: Tackling the Challenge of Women's Rights in India - Cees Maris / Sawitri Saharso: Honour Killing: A Case for Cultural Defence? - Albie Sachs: Towards the Revitalisation of Customary Law in an Egalitarian Constitutional Democracy - Christa Rautenbach: Legal Pluralism versus Gender Equality: The South African Scenario - Marek Smolak: Lustration and Reconciliation. Polish and South African experience - Luiz Fernando Coelho: The Future of Law and the Remembrance of the Future - Stephen C. Hicks: Spirit and Law: the legal person in a post-modern, global, hi-tech world - Barry J. Rodger: Globalisation and the Depoliticisation of Competition Law - David Castle: Legal Ontology and the Conservation of Biodiversity - Keith Culver: Returning to Normal: Can Corrective Justice Be Achieved When Genetically Modified Salmon Escape and Do Damage? - Willemien du Plessis / Johan Nel: Environmental Framework Law: a strategy towards integrating pluralistic legislation - Kimmo Nuotio: Making Sense of the aeInternational' and the aeRegional' in Criminal Law and Criminal Policy."

Global Legal Pluralism

Author : Paul Schiff Berman
ISBN : 9780521769822
Genre : LAW
File Size : 47. 36 MB
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We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.

International Criminal Justice In Bello

Author : Philipp Kastner
ISBN : 9789004193123
Genre : Law
File Size : 52. 28 MB
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By analysing the involvement of the International Criminal Court in northern Uganda and Darfur, this book argues that the primary mandate of the ICC seems to have unduly shifted from fighting impunity to influencing politics in the context of ongoing armed conflicts.

Unity And Pluralism In Public International Law

Author : Oriol Casanovas y La Rosa
ISBN : 9041116648
Genre : Law
File Size : 67. 28 MB
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The proliferation of international courts and the extension of international regulation to new areas have been considered to be threatening for the unity of Public International Law as a legal system. These developments are the consequence of the increasing formation of legal subsystems (material international regimes) which continue to grow in complexity. How these trends affect the unity of the international legal system requires theoretical scrutiny of its fundamental bases. This work considers that the unity of the international legal system depends upon its normative structure, and on the social medium in which it is applied: the evolving international community. A unified international legal system has as its ultimate goal the protection of human dignity through the international regulation of human rights. The question of the unifying stability of the international legal system and the development of legal subsystems within it encourages a review of the major issues of current Public International Law, considering the evolution from traditional doctrines to recent approaches. This review is done from an analytical frame that provides a deeper understanding of the current situation of Public International Law as a legal system.

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