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Author: Laetitia Deplanque, Yves Poullet
Publisher: Presses universitaires de Namur
In December 1999, more than forty members of government, industry, and academia assembled at the Hoover Institution to discuss this problem and explore possible countermeasures. The Transnational Dimension of Cyber Crime and Terrorism summarizes the conference papers and exchanges, addressing pertinent issues in chapters that include a review of the legal initiatives undertaken around the world to combat cyber crime, an exploration of the threat to civil aviation, analysis of the constitutional, legal, economic, and ethical constraints on use of technology to control cyber crime, a discussion of the ways we can achieve security objectives through international cooperation, and more. Much has been said about the threat posed by worldwide cyber crime, but little has been done to protect against it. A transnational response sufficient to meet this challenge is an immediate and compelling necessity—and this book is a critical first step in that direction.
"Whether as a result of the war on terrorism, foreign military intervention, economic globalisation or otherwise, state conduct increasingly affects the human rights of individuals beyond its own borders ... This book focuses on the extraterritorial application of four key human rights treaties: the two UN Covenants on Human Rights and the American and European Conventions on Human Rights. It points out inconsistencies in the practice of the supervisory bodies of these treaties and discusses the pros and cons of both a restrictive and an expansive approach."--Back cover.
Author: Paul Bocij
Publisher: Greenwood Publishing Group
This is the first book devoted entirely to an examination of cyberstalking's causes and consequences, as well as advice for protecting yourself and your loved ones.
Author: Samuel Walker
Publisher: U of Nebraska Press
Offers a chronological history of the U.S. policy on hate speech, which in most other countries is prohibited
A topical book for a growing problem provides a detailed criminological analysis of all kinds of computer-related crime, including infringements of privacy, on an international scale. Surveys international empirical research in this field, analyzes the legal situation in major western countries, reviews the most important security measures being discussed on the international floor, and considers the problems arising in the field of prosecution.
European Criminal Law
Author: Geert Corstens
Publisher: DIANE Publishing
This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.
European Criminal Law
Author: Andre Klip
European criminal law is explained as a multi-level field of law, in which the European Union has a normative influence on substantive criminal law, criminal procedure and on the co-operation between Member States. This book aims to analyse the contours of the emerging criminal justice system of the European Union and to present a coherent picture of the legislation enacted and the case law on European Union level and its influence on national criminal law and criminal procedure, with specific attention for the position of the accused. Among the topics and questions covered in this book are the following: What does mutual recognition mean in the context of the European Arrest Warrant? How can European Union law be invoked by an accused standing trial in a national criminal proceeding? When is the Charter of Fundamental Freedoms applicable in national criminal proceedings? These and other pertinent questions are dealt with on the basis of an in-depth analysis of the case law of the Court of Justice and legislation. In addition, the book challenges the reader to assess the mutual influence of Union law and national criminal law respectively and explains how Union law will usually prevail although national criminal law still remains relevant. The book is unique in the wealth of court decisions and legal instruments it covers. This makes European Criminal Law an invaluable source for every European and criminal lawyer (be they practitioner, academic or student). This third updated and extended edition fully covers the transitionary period of the Treaty of Lisbon as well as all other developments up to and including autumn 2015. About the previous editions: '[...] his innovative scheme has caused him to think ahead. It is to this book, I suspect, that both lawyers and policy-makers will increasingly refer when confronted by some new issue.' Prof. John Spencer (Cambridge University) in CMLR (2010) 1557, 1559 (on the 1st edition of European Criminal Law) 'Overall this is an impressive work: it is a thorough and skilful analysis, practically touching all essential aspects of the criminal justice system. It is a tremendous work of synthesis, drawing conclusions from over 200 legislative acts and over 750 decisions of the European Court of Justice. Prof. Norel Neagu (Police Academy, Bucharest) in European Law Review (2010) 447, 449 (on the 1st edition of European Criminal Law) ~The House of Lords EU Subcommittee E launched an inquiry which posed the question: "Should EU laws on policing and crime adopted before the Lisbon Treaty entered into force in December 2009 continue to apply in the UK after they become subject to the jurisdiction of the European Court of Justice in December 2014?" Anyone who seeks to understand and answer the impact of that question and its answer would do well to read Professor Klip's outstanding text [...]' David J Dickson, solicitor advocate, Head of Extradition, Crown Office, Edinburgh in The Journal of the Law Society of Scotland (2013) (on the 2nd edition of European Criminal Law)
"A literal construction of the EC and EU Treaties suggests that their framers intended to limit the positive competences of both the Community and the Union in the field of criminal law. However, the European Court of Justice has consistently applied tests of necessity and effectiveness to develop the Community's catalogue of legislative competences and the interpretation of Community law, culminating in decisions which accord to the Community a limited criminal competence where this is deemed necessary for the effectiveness of other policy aims. This book takes stock of the development of criminal law in the context of the European Community and the European Union, and examines whether this has led to a European criminal policy, and interrogates the legal effects that European-level initiatives in the field have on national criminal law and on suspects. The work reflects on the interaction between the law of the European Community and national criminal law since the signing of the Treaty of Rome and proceed to consider the prospects of criminal law enacted at the European level against this framework of historical development. The book will review the supremacy of Community law over conflicting national criminal law, the past legislative practice of harmonised 'administrative' penalties and their impact on national legal systems, the ramifications of the Greek Maize decision, the development of relevant Community principles of fundamental rights, and the 2005 decisions on implied criminal competence and sympathetic interpretation. In the light of these developments and the judgment of the Court of Justice in the Ship-Source Pollution case, the work will explore whether there are fields in which the Community might enact directly applicable criminal penalties in the form of EC regulations. It will also examine related doctrinal concerns considered by the Court of Justice in its earlier case law on the interface between EC law and national criminal law. "--
Author: Louise I. Shelley
Publisher: Cambridge University Press
Using lively case studies, this book analyzes the transformation of crime and terrorism and the business logic of terrorism.
Online Version - Discusses current cybercrime laws and practices. Available online for downloading.