Classical Morality in International Peremptory Criminal Law

2018-10-09
 |  Law
Classical Morality in International Peremptory Criminal Law

Author: Farhad Malekian

Publisher: Cambridge Scholars Publishing

ISBN: 9781527518261

Category: Law

Page: 350

View: 541

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This book begins with the belief that, if a moral principle cannot be identified in the language of the law, if law is not underpinned by a moral understanding of the norm, if the moral accusation is not attached to the violations of certain indispensable norms of the law, then we are violating the peremptory character of the universality of the moral law. The book vicariously objects to any dispute for the advantage of the impunity of those who have cruelly contravened the corpus juris of international peremptory criminal law. What justifies the law in recognizing certain principles as peremptory derives from the highest genetic merit for the international human community as a whole. Here, the term ‘peremptory’, for classical morality, is seen to encompass love for the spirit of truth, for the strength of equality of arms and for the reaffirmation of the value of the essence of man where its infringements violate the indispensable universal rights of nature. This is regardless of whether its perpetrators are Western or non-Western.

Allegation by Political Laundering

2018-10-29
 |  Law
Allegation by Political Laundering

Author: Farhad Malekian

Publisher: Cambridge Scholars Publishing

ISBN: 9781527520561

Category: Law

Page: 168

View: 800

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The Julian Assange case reminds us of the well-known Scandinavian narrative, Keiserens Nye klæder (The Emperor’s New Clothes). Once upon a time, two tailors weaved new clothes for an emperor. They claimed they used a magic fabric that apparently less talented people could not see. In reality, they wove nothing; they had no loom at all. However, they pretended with gestures of the hand that the loom was active. No one wanted to be the less gifted person, so everyone lied and confirmed the clothes were progressing. The emperor finally put on the magic clothes and marched naked around the capital city with the members of his entourage holding the magic train. Unexpectedly, a guiltless little child, shouted out with a confident voice “Men han har jo ikke noget paa” (“But he doesn’t have anything on!”). The emperor knew the child was right, but decided he must bear it until the procession was over. Human rights or international criminal justice is not simply hocus-pocus, but it seems to be so in the case of Assange, who has enlightened the world population about the hidden criminal political laundering of the big, powerful states. This book explores the propensity towards evil in the nature of collective entities based on political and economic gains against the international community as a whole. It underlines that immoral criminal political laundering is the basic reason for money laundries throughout the globe.

Political Practices and International Order

2007
 |  Christian sociology
Political Practices and International Order

Author: Stefan Heuser

Publisher: LIT Verlag Münster

ISBN: 9783825809201

Category: Christian sociology

Page: 404

View: 392

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International order is one of the most challenging issues in political ethics today, and its place within the multifaceted fleld of politics is frequently debated. The diverse phenomena resulting from 'globalisation' - particularly in the wake of the end of the so-called Cold War - urge us to think about our 'world' in terms of a single political entity. Besides the existing international institutions, however, it is still open to question what this entity should be and what concrete political practices should correspond to it. In the essays collected in this book, political scientists, sociologists, philosophers, theologians and policy advisors explore how political practices can be institutionally localised without necessarily becoming incorporated into structures of governance. Political ethics, as presented in this book, seeks to address the particular practices of power, justice, and peace of citizens themselves, and to assess their relevance for the shaping of international insti

Jus Cogens

2015-07-16
 |  Law
Jus Cogens

Author: Thomas Weatherall

Publisher: Cambridge University Press

ISBN: 9781107081765

Category: Law

Page: 555

View: 595

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This book provides a comprehensive political and legal examination of jus cogens, a complex doctrine essential to contemporary international society.

The Global Community Yearbook of International Law and Jurisprudence 2015

2016-10-11
 |  Law
The Global Community Yearbook of International Law and Jurisprudence 2015

Author:

Publisher: Oxford University Press

ISBN: 9780190650674

Category: Law

Page: 1000

View: 459

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The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international tribunals specifically. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Global Community Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition features expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence: the series now also serves to prepare researchers for the issues facing emerging global law. The 2015 edition of The Global Community Yearbook both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook has established itself as an authoritative resource for research and guidance on the jurisprudence of both U.N.-based tribunals and regional courts. The 2015 edition continues to provide expert coverage of the Court of Justice of the European Union, and diverse tribunals from the criminal tribunals for the Former Yugoslavia and Rwanda, to economically based tribunals such as ICSID and the WTO Dispute Resolution panel. This edition includes expert introductory essays by prominent scholars in the realm of international law, on topics as diverse and current as the fusion of eastern and western civil disobedience to the concept of jus cogens. Included in the 2015 edition, researchers will find detailed guidance on a rich diversity of legal topics, from the concept of universal jurisdiction over international crimes and the increased push for transparency in resolution of international economic disputes to the issue of religion and multiculturalism in Europe through a focus on Islam. This edition also provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates. This publication can also be purchased on a standing order basis.

Professional Ethics at the International Bar

2013-09-26
 |  Law
Professional Ethics at the International Bar

Author: Arman Sarvarian

Publisher: OUP Oxford

ISBN: 9780191668838

Category: Law

Page: 336

View: 506

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Over the past twenty years, the volume of international litigation and arbitration has increased exponentially. As the number of new international courts and tribunals has proliferated, the diversity and volume of advocates appearing before the international courts has also increased. With this increase, the ethical standards that apply to counsel have become a growing field of interest to practitioners of public international law. Problems threatening the integrity of the international judicial process and concerns about divergent ethical standards amongst counsel have multiplied in the international judicial system, prompting early attempts by senior members of the 'international bar' to articulate common ethical standards. Professional Ethics at the International Bar examines the question of how to articulate common ethical standards for counsel appearing before international courts and tribunals, and the legal powers and practical ability of international courts to prescribe and enforce such standards. It conducts original research into both the theory and practice of the issues arising from this nascent process of professionalization. Using various sources, including interviews with judges, registrars, and senior practitioners, it argues that the professionalization of advocacy through the articulation of common ethical standards is both desirable and feasible in order to protect the integrity and fairness of the international judicial process.

The Changing Nature of Customary International Law

2014-04-24
 |  Law
The Changing Nature of Customary International Law

Author: Noora Arajärvi

Publisher: Routledge

ISBN: 9781134067343

Category: Law

Page: 209

View: 780

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This book examines the evolution of customary international law (CIL) as a source of international law. Using the International Criminal Tribunal for the former Yugoslavia (ICTY) as a key case study, the book explores the importance of CIL in the development of international criminal law and focuses on the ways in which international criminal tribunals can be said to change the ways in which CIL is formed and identified. In doing so, the book surveys the process and substance of CIL, as well as the problematic distinction between the elements of state practice and opinio juris. By applying an inclusive positivist approach, Noora Arajärvi analyses the methodologies of identification of CIL in selected cases of the ICTY, and their normative foundations. Through examination of the case-law and the reasoning of courts and tribunals, Arajärvi demonstrates to what extent the court's chosen method of identification of CIL affects the process of custom formation and the resulting system of norms in general. The book will be of great value to researchers and scholars of international law, international relations, and practitioners with interests in customary international law.

The Handbook of International Humanitarian Law

2013-08-29
 |  History
The Handbook of International Humanitarian Law

Author: Michael Bothe

Publisher: Oxford University Press

ISBN: 9780199658800

Category: History

Page: 767

View: 786

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The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.

Judgments of Love in Criminal Justice

2017-03-31
 |  Law
Judgments of Love in Criminal Justice

Author: Farhad Malekian

Publisher: Springer

ISBN: 9783319469003

Category: Law

Page: 340

View: 294

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This volume is a new chapter in the future history of law. Its general perspective could not be more original and its critical ethical edge on the state of international law could not be timelier. It explores a compassionate philosophical approach to the genuine substance of law, criminal procedure, international criminal law and international criminal justice. It divides law into three interrelated disciplines, i.e. legality, morality and love. The norm love is derived from human reason for man’s advancement and the securing of natural law. It is more than a mere mandatory norm. Its goal is to generate a normative and positive, powerful result, therefore avoiding any impurity that may exist in the application of other norms because of political or juridical pressures - a one-eyed justice. The norm love also renders justice with the principles of legal accountability, transparency and the high moral, authentic values of humanity. The notion of justice cannot be trusted in the absence of the norm love. The volume indicates the conditions of its efficiency by proving the reasons for its existence in the context of fairness, objectivity and concern for all individuals and entities. The concept of the norm love should be the core academic corpus for lecturing law in all faculties of law. It is simply the enlightenment of the 21st century. A lawyer with requisite knowledge and skill is not a lawyer if he cannot understand that the law does not need a lawyer with ethical competence in its provisions for income purposes but one with knowledge of its essence for the advanced morality of justice and the sheer essence of love for justice.

The Handbook of International Humanitarian Law

2021
 |  Law
The Handbook of International Humanitarian Law

Author: Dieter Fleck

Publisher: Oxford University Press, USA

ISBN: 9780198847960

Category: Law

Page: 817

View: 580

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This Handbook provides a black letter text of international humanitarian law, along with case analysis and commentary by a team of internationally renowned experts. It also highlights the interplay of international humanitarian law with human rights law, and other branches of international law.

Theories of International Responsibility Law Theories of International Responsibility Law

2022-08-31
 |  Law
Theories of International Responsibility Law Theories of International Responsibility Law

Author: Samantha Besson

Publisher: Cambridge University Press

ISBN: 9781009208543

Category: Law

Page: 371

View: 458

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There is no issue more central to a legal order than responsibility, and yet the dearth of contemporary theorizing on international responsibility law is worrying for the state of international law. The volume brings philosophers of the law of responsibility into dialogue with international responsibility law specialists. Its tripartite structure corresponds to the three main theoretical challenges in the contemporary practice of international responsibility law: the public and private nature of the international responsibility of public institutions; its collective and individual dimensions; and the place of fault therein. In each part, two international lawyers and two philosophers of responsibility law address the most pressing questions in the theory of international responsibility law. The volume closes with a comparative 'world tour' of the responsibility of public institutions in four different legal cultures and regions, identifying stepping-stones and stumbling blocks on the path towards a common law of international responsibility.

The Responsibility to Protect in International Law

2016-03-02
 |  Law
The Responsibility to Protect in International Law

Author: Susan Breau

Publisher: Routledge

ISBN: 9781317569602

Category: Law

Page: 306

View: 992

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This book will consider a rapidly emerging guiding general principle in international relations and, arguably, in international law: the Responsibility to Protect. This principle is a solution proposed to a key preoccupation in both international relations and international law scholarship: how the international community is to respond to mass atrocities within sovereign States. There are three facets to this responsibility; the responsibility to prevent; the responsibility to react, and the responsibility to rebuild. This doctrine will be analysed in light of the parallel development of customary and treaty international legal obligations imposing responsibilities on sovereign states to the international community in key international law fields such as international human rights law, international criminal law and international environmental law. These new developments demand academic study and this book fills this lacuna by rigorously considering all of these developments as part of a trend towards assumption of international responsibility. This must include the responsibility on the part of all states to respond to threats of genocide, crimes against humanity, ethnic cleansings and large-scale war crimes. The discussion surrounding aggravated state responsibility is also explored, with the author concluding that this emerging norm within international law is closely related to the responsibility to protect in its imposition of an international responsibility to act in response to an international wrong. This book will be of great interest to scholars on international law, the law of armed conflict, security studies and IR in general.