Quelles menaces réelles représente le terrorisme aujourd’hui ? Comment sanctionner les auteurs, commanditaires et financiers tout en respectant un juste équilibre entre la réparation due aux victimes et la sauvegarde des droits et des libertés de chacun ? Quelle place est réservée aux victimes du terrorisme dans les législations pénales internes de chacun des États membres de l’Union européenne ? Qu’en est-il de la coopération européenne et internationale ? Cet ouvrage collectif, réalisé par S.O.S. Attentats, s’inscrit dans la continuité du Livre noir que cette ONG a publié en 2002 et du colloque international qu’elle a organisé à Paris le 5 février 2002. Il réunit quarante contributions émanant d’experts en relations internationales et en droit international pénal, qui apportent des réponses aux questions que tout citoyen est en droit de se poser. Malgré les progrès réalisés, force est de constater que, dans la lutte contre le terrorisme, les États demeurent hésitants à assumer leur responsabilité. Alors que le procès des auteurs et commanditaires des actes terroristes est reconnu comme une étape indispensable de la reconstruction des victimes, ces dernières en sont encore rop souvent écartées. Crime international incontestable, le terrorisme ne peut demeurer exclu de la compétence de la Cour pénale internationale. Ses auteurs, quelles que soient leurs fonctions, ne sauraient demeurer impunis au prétexte d’une prétendue coutume internationale qui les met, aujourd’hui, à l’abri de toute poursuite et de toute condamnation. Par cet ouvrage, S.O.S. Attentats a pour ambition de favoriser, dans le plein respect des droits de la défense, une véritable reconnaissance des droits des victimes du terrorisme. S.O.S. Attentats a reçu pour cet ouvrage le soutien financier du Programme GROTIUS II de la Commission européenne.
Preventing Corporate Corruption
Author: Stefano Manacorda, Francesco Centonze, Gabrio Forti
Publisher: Springer Science & Business
This book presents the results of a two-year international research project conducted for the United Nations Office on Drugs and Crime (UNDOC) to investigate and provide solutions for reducing bribery and corruption in corporations and institutions. It starts with an empirical case study on the effectiveness of a set of self-regulation rules adopted by multinational companies in the energy sector. Second, it explores the context and factors leading to corruption internationally (and the relationships between domestic criminal law and self-regulation). Third, it examines guidelines for the adoption of compliance programs developed by international institutions, to serve as models for the future. The principle result of the book is a three-pronged Anti-Bribery Corruption Model (so called ABC Model), endorsed by the United Nations, intended as a corruption prevention tool intended to be adopted by private corporations. This work provides a common, research-based standard for anti-bribery compliance programs, with international applications. This work will be of interest to researchers studying Criminology and Criminal Justice, particularly in the areas of organized crime and corruption, as well as related areas like Business Ethics and Comparative International Law.
The fully revised and updated Third Edition of Remedies in International Human Rights Law provides a comprehensive analysis of the law governing international and domestic remedies for human rights violations. It reviews and examines the texts and the jurisprudence on this key area of human rights law. It is an essential practical and theoretical resource for policymakers, scholars, and students negotiating and litigating issues of redress for victims. The Third Edition incorporates the major developments in remedial human rights jurisprudence. Internationally, the United Nations and the International Criminal Court have issued reparations guidelines; the International Court of Justice has for the first time awarded compensation for human rights violations; the International Law Commission has considered the humanitarian responsibility of international organizations; and new international petition procedures and policies on redress have entered into force. Regionally, in Asia and Africa, human rights bodies have adopted new human rights accords and legal judgments; in Europe, the human rights case load unceasingly increases. Nationally, the jurisprudence of historical reparations has come to the fore, as has the juridical consideration of economic and social rights. All of these developments are analyzed in context and create a comprehensive and accessible portrait of the state of remedial human rights law today.
This volume of the "Yearbook of the European Convention on Human Rights, prepared by the Directorate of Human Rights of the Council of Europe, relates to 2003. Part one contains information on the Convention. Part two deals with the control mechanism of the European Convention on Human Rights: selected judgments of the European Court of Human Rights and human rights (DH) resolutions of the Committee of Ministers; part three groups together the other work of the Council of Europe in the field of human rights, and includes the work of the Committee of Ministers, the Parliamentary Assembly and the Directorate General of Human Rights; part four is devoted to information on national legislation and extracts from national judicial decisions concerning rights protected by the Convention. Appendix A contains a bibliography on the Convention, and Appendix B the biographies of the new judges elected to the European Court of Human Rights.
The Academy is an institution for the study and teaching of Public and Private International Law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law," The contents of this volume consist of: - The Perplexities of Modern International Law. General Course on Public International Law by Sh. ROSENNE, former Ambassador of Israel, Jerusalem. To access the abstract texts for this volume please click here
PREMIERE PARTIE TEXTES FONDAMENTAUX ET INFORMATIONS DE CARACTERE GENERAL CHAPITRE I. TEXTES FONDAMENTAUX A. RATIFICATIO~S 3 B. RESERVES ET DECLARATIONS2 3 France 3 Suisse 7 C. DECLARATIONS D' ACCEPTATION DE LA COMPETENCE DE LA COMMIS SION EUROPEENNE DES DROITS DE L'HOMME E~ MATIERE DE RE- QUETES INDIVIDUELLES (Article 25 de la Convention) II Pays-Bas II Suisse II Royaume-Uni 13 D. DECLARATIONS D'ACCEPTATION DE LA JURIDICTION OBLIGATO IRE DE LA COUR EUROPEENNE DES DROITS DE L'HOMME (Article 46 de la Convention) 17 France 17 Islande 19 Pays-Bas 19 Suisse 19 Royaume-Uni 21 E. DEROGATIONS (Article 15 de la Convention) 25 Turquie 25 F. AMENDEME~TS AU REGLEMENT DE LA COUR EUROPEENNE DES DROITS DE L'HOMME 31 G. AMENDEMENTS AU REGLEMENT INTERIEUR DE LA COMMISSION EUROPEENNE DES DROITS DE L'HOMME 35 ANNEXES - Etat des ratifications, declarations et reserves au 31 decembre 1974 74 - Etat des depots des ratifications au 31 decembre 1974 76 VIII TABLE OF CONTENTS CHAPTER II. THE EUROPEAN COMMISSION OF HUMAN RIGHTS A. COMPOSITION B. BIOGRAPHICAL NOTES C. PROCEEDINGS D. SECRETARIAT CHAPTER III. THE EUROPEAN COURT OF HUMAN RIGHTS A. COMPOSITION 94 B. BIOGRAPHICAL NOTES 94 C. SESSIONS AND HEARINGS 8 9 D. REGISTRY OF THE COURT 8 9 CHAPTER IV. PRINCIPAL DEVELOPMENTS IN THE COUNCIL OF EUROPE CONCERNING THE PROTECTION OF HUMAN RIGHTS A. CHRONOLOGICAL LIST OF EVENTS 102 B. WORK OF THE COUNCIL OF EUROPE IN THE FIELD OF HUMAN RIGHTS 106 I. Consultative Assembly 106 2.
The rise of collective violence and genocide is the twentieth century's most terrible legacy. Martha Minow, a Harvard law professor and one of our most brilliant and humane legal minds, offers a landmark book on our attempts to heal after such large-scale tragedy. Writing with informed, searching prose of the extraordinary drama of the truth commissions in Argentina, East Germany, and most notably South Africa; war-crime prosecutions in Nuremberg and Bosnia; and reparations in America, Minow looks at the strategies and results of these riveting national experiments in justice and healing. From the Trade Paperback edition.
Author: John Bew
Publisher: Oxford University Press
Realpolitik is approaching its 160th birthday, though it has existed as a form of statecraft for centuries and is arguably as old as the conduct of foreign affairs itself. Associated with great thinkers from Machiavelli to Kissinger, it is deeply rooted in the history of diplomacy yet alsoremains strikingly relevant to debates on contemporary foreign policy in the Obama administration today. Despite the fact that Realpolitik has had something of a renaissance in recent years, however, it remains a surprisingly elusive notion, defying easy categorization. In this concise book, John Bew aims to address this gap, offering a history of the concept of Realpolitik in the English-speaking world: its origins as an idea; its practical application to statecraft in the recent past; and its relevance to the foreign policy challenges facing the United States andits allies in the future. Now most often associated with the conduct of foreign policy, Realpolitik has traditionally had pejorative connotations in the English-speaking world and sits uneasily alongside notions of "enlightenment," "morality" and "virtue." But it has also had its defenders, admirersand exponents, who regard it as the best tool for the successful wielding of political power and the preservation of global order. As such, Realpolitik has both successes and failures to its name, as Bew's comprehensive and even-handed overview displays.Bew begins by charting the evolution of the idea through the work of important thinkers or statesmen from Machiavelli, Cardinal de Richelieu, and Thomas Hobbes up through Carl Schmitt, Kissinger, and Dennis Ross. He then examines how Realpolitik has been evoked and operationalized in US and UKforeign policy during specific episodes in the twentieth century, looking at such cases as the overthrow of Iranian Prime Minister Mohammad Mosaddegh in 1953, and President Nixon's visit to the People's Republic of China in 1972 - often taken as the archetypal instance of Realpolitik in action. Bewthen uses this historical platform to look forward to emerging foreign policy challenges in a changing, multi-polar, geo-political scene - in which Realpolitik and agile statecraft seems as important as ever. Suggesting that there is a uniquely Anglo-American version of Realpolitik, which reflectsan attempt (not always a successful one) to reconcile Western ideological and moral norms with purely utilitarian conceptions of the national interest, Bew argues that a more accurate and sustainable version of Anglo-American Realpolitik is one that recognizes the draw Enlightenment values andideas.Directed at a broader audience of current policy-makers, legislators and commentators with an interest in foreign affairs, this is a brilliant introduction to an important topic from one of the field's rising stars.
The Rome Statute of the International Criminal Court entered into force in 2002 and the ICC will soon be fully operational. Earlier in the ICC process, an international conference was held in Trento to address a specific issue that is still unresolved in the post-Rome negotiations: the crime of aggression. Article 5 of the ICC Statute includes aggression, yet the Statute postpones the exercise of its jurisdiction over the crime of aggression until such time as further provisions have been prepared on the definition of this crime and on the related conditions for the Court's intervention. This important volume collects the papers given by the participants at the Trento Conference. The volume is divided into three parts: the historical background of the crime of aggression; the definition of the crime of aggression, in light of proposals in the Preparatory Commission; and various points of view on the relationship between the Court's competence in adjudicating cases of alleged crimes of aggression and the Security Council's competence.
Handbook on Nuclear Law
Author: Carlton Stoiber, International Atomic Energy Agency
This handbook is a practical aid to legislative drafting that brings together, for the first time, model texts of provisions covering all aspects of nuclear law in a consolidated form. Organised along the same lines as the Handbook on Nuclear Law, published by the IAEA in 2003, and containing updated material on new legal developments, this publication represents an important companion resource for the development of new or revised nuclear legislation, as well as for instruction in the fundamentals of nuclear law. It will be particularly useful for those Member States embarking on new or expanding existing nuclear programmes.
Law and Neuroscience
Author: Owen D. Jones, Jeffrey D. Schall, Francis X. Shen
Publisher: Wolters Kluwer Law & Business
The implications for law of new neuroscientific techniques and findings are now among the hottest topics in legal, academic, and media venues. Law and Neuroscience – a collaboration of professors in law, neuroscience, and biology – is the first coursebook to chart this new territory, providing the world’s most comprehensive collection of neurolaw materials. Features: Designed from the ground up with extensive e-capability in mind, with each e-chapter extensively linked to outside sources. Technical subjects explained in an accessible and user-friendly manner. Extensive glossary of key terms. Covers highly current material; over 60% of the cases and publications included were published since 2008
Author: Luc Reydams, Jan Wouters, Cedric Ryngaert
Publisher: Oxford University Press
The prosecution plays a crucial part in any international war crimes trial, but its role is rarely analysed. This book will assess the work of the prosecutor in a dozen international criminal courts and tribunals, setting out the applicable rules and analysing his or her independence, accountability, and political impact.
Author: Larry May, Stacey Hoffman
Publisher: Rowman & Littlefield Publishers
This anthology presents the best recent philosophical analyses of moral, political, and legal responsibility of groups and their members. Motivated by reflection on such events as the Holocaust, the exploding Ford Pintos, the My Lai massacre, and apartheid in South Africa, the essays consider two important questions: What collective efforts could have prevented these large-scale social harms? And is some group to blame and, if so, how is blame to be apportioned?