Suchergebnisse

This paper tries to reconcile reciprocity with a fundamentally `subject- centred' ethic by interpreting the reciprocity condition as a consequence of the fact that justice is in part a relational value. Duties of egalitarian distributive justice are not grounded on the duty to reciprocate beneﰉts already received, but limited by a reasonable assurance of compliance on the part of those able to reciprocate, because their point is to constitute a valuable relationship, one of mutual recognition as equals. We have unconditional duty to help establish just global institutions, institutions which would allow us to share fairly in the burdens and beneﰉts of global economic cooper- ation, but no unilateral duty to share fairly, where such institutions are not in place. Since non-contribution on the part of those unable to contribute involves no failure of recognition, the disabled do not fall outside the scope of distributive justice.

Efficient countering contemporary forms of crime, especially terrorism, high-tech and organised crime, requires a multi-agency approach and cooperation, both at the national and international level. One of the basic indicators for assessing the quality of cooperation is the exchange of information. The exchange of information overcomes limited resources, and improves the efficiency and cost-efficiency of the evidentiary procedure. The National Criminal Intelligence System is based on the establishment of a Platform for secure electronic communication, exchange of data and information between government authorities, special organisational units of government authorities and institutions, in order to prevent organised crime and other forms of serious crime. The following institutions are participating in the first phase of the establishment of the National Criminal Intelligence System: the Ministry of Interior; Ministry of Justice; Republic Public Prosecutor's Office; Prosecutor's Office for Organised Crime; Office of the National Security Council and Classified Information Protection; Customs Administration; Anti-Corruption Agency; and Tax Administration. The subject of this paper is the analysis of the legal framework, defining of recommendations, establishing which issues need to be legally regulated and which legal acts should be adopted to create the legal conditions necessary for the establishment and development of the NCIS.

"This book examines hybrid tribunals created in Sierra Leone, Kosovo, Cambodia, East Timor, and Lebanon, in terms of their origins (the political and social forces that led to their creation), the legal regimes that they used, their various institutional structures, and the challenges that they faced during their operations. Through this study, the author looks at both their successes and their shortcomings, and presents recommendations for the formation of future hybrid tribunals. Hybrid tribunals are a form of the international justice where the judicial responsibility is shared between the international community and the local state where they function. These tribunals represent an important bridge between traditional international courts like the International Criminal Court (ICC), the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and various local justice systems. Because hybrid tribunals are developed in response to large-scale atrocities, these courts are properly considered part of the international criminal justice system. This feature gives hybrid tribunals the accountability and legitimacy often lost in local justice systems; however, by including regional courtroom procedures and personnel, they are integrated into the local justice system in a way that allows a society to deal with its criminals on its own terms, at least in part. This unique volume combines historical and legal analyses of these hybrid tribunals, placing them within a larger historical, political, and legal context."--Back cover

The establishment of the International Criminal Court (ICC), the world's first and only permanent court for the investigation and prosecution of genocide, war crimes and crimes against humanity committed after 1 July 2002, has been hailed as the greatest event since the advent of the United Nations (UN). The relationship between some African states and the ICC has however becomefragile and strained. The situation has worsened since the Al-Bashir controversy,(in particular South Africa's failure to arrest the former Sudanese President on visit in South Africa) to the extent that, in 2016, the South African government announced its intention to withdraw from the ICC. This, in South Africa, was followed by the publication of the Implementation of the Rome Statute of the International Criminal Court Act Repeal Bill (B23-2016) (which was later withdrawn) and the International Crimes Bill (B37-2017) (which later lapsed in terms of National Assembly rules). The bills provide important insights into the South African government's approach to international crimes and criminal justice, revealing an awkward U-turn in terms of immunity granted to heads of state and senior state officials. Against that backdrop, and further with reference to the African scholarship concerning both the strained relationship between Africa, generally and the extended jurisdiction of the ACJHR, this article examines the most cited reasons for this precarious relationship. Some explanations seem more valid than others: African states' claims that the ICC targets Africans and threatens state sovereignty on the continent simply do not hold water. On the other hand, Africa's unease with the UN system, particularly the vexed veto system, might carry more weight, suggesting that the continent's discontent with the ICC is less about the court itself, and more about the UN and Security Council system and composition. The article, in the last part, turns to an evaluation of the prospects of the extended African Court of Justice and Human Rights (ACJHR), ...

Part I: Introduction to IP -- Chapter 1: Introduction -- Part II: Case Studies -- Chapter 2: China Enga/ges in International Regulation of Geographical Indications -- Chapter 3: China Engages in International Regulation of Disclosure Obligation -- Chapter 4: China Emerges in International Standardisation -- Chapter 5: China's Bilateral IP Engagement: A Look into the Chinese FTAs -- Chapter 6: China and Multilateral IP Governance -- Part III: Discussion -- Chapter 7: Who Governs? Actors in China's International IP Engagement -- Chapter 8: Principles for China's International IP Engagement -- Chapter 9: China's Strategies to Engage in Global IP Governance -- Chapter 10: Conclusion.

The paper proposes an explanation for the
variations in homicide rates in Brazil in the past
two decades. Based on the comparison of
ethnographic experiences lived in the criminal
universe of four capital cities (São Paulo, Porto
Alegre, São Luís and Maceió), we propose two
analytical strategies: 1) the breakdown of
quantitative homicide rate data by victim profile,
and 2) the construction of historical synopses of
conflicts between factions at the local level. We
demonstrate how homicide rates, in specific
socio-demographic profiles, oscillate based on
changes in conflicts between factions at the
local level conflicts, and influence variations in
the aggregate rates.

Despite tremendous advances in civil rights, we live in a world where the sexes remain sharply segregated from birth to death: in names, clothing, social groupings, and possessions; in occupations, civic association, and domestic roles. Gender separatism, so pervasive as to be almost invisible, permeates the fabric of our daily social routines. Preferring a notion of gender that is fluid and contextual, and denying that separatism is inevitable, Nancy Levit dismantles the myths of gender essentialism Drawing on a wealth of interdisciplinary data regarding the biological and cultural origins of