Suchergebnisse

As a result of increasing violence, particularly prevalent in the North Bridge entertainment area in Perth, in August 2008 a new offense was added to the Western Australian Criminal Code 1913 (WA). The formal terminology for this offence is 'unlawful assault causing death.' Colloquially it was referred to as 'One Punch' legislation; a term that has recently moved through other colloquial terms such as 'King Hit' and currently 'Coward's Punch.' The change in colloquial terminology was an effort to stigmatise the behaviour in the eyes of young men, the targeted population of the legislation according the government and media reports.

The necessity of writing this article is conditioned by the active development of consular law, which, as part of international law, evolves directly under the influence of world political and economic processes. At the beginning of the twentieth century, an impressive number of consulates operated in Europe, North and South America, Asia, the middle East, and partly in Africa.The legal acts regulating the consular sphere of influence, concluded in Russia in the 19th century, had not only national significance, but also international significance. All adopted conventions, treatises, agreements and charters were elements that form the system of public international law as a whole.With the formation of a new state in the former Russian Empire, it became necessary to adopt a new legal framework regulating consular activities.

This paper intents to demonstrate up to which point the social demand for more punishment for the corporate crime is a reflection of the Chilean criminal system's shortages and how those shortages are because of a clear intention of the legislator to maintain them. At the same time, it will beshown how the Prosecutor's Office reacts to this public claim, using the tools that they have around, without showing good results and many times overusing the custody. In order to achieve this goal the following cases are going to be revised: the collusion of drugstores, in relation to the Criminal impunity of antitrust conducts; Celcoand Frerina, in relation to the lack of an environmental criminal Law; the San José mine, about the lack of labor criminal Law; ADN-Nutricomp, about the reactios of our courts to scientific problems of the corporate crime; Lan and D&SFalabella, about the practical impunity on the insider trade; profit in the universities, about the absence of an unfaithful administration figure (administración desleal); and references to the case of Inverlink, La Polar and to the corruption in the private sector. ; El presente trabajo busca mostrar en qué medida la exigencia social por más sanción de los delitos empresariales refleja carencias del sistema penal chileno y cómo esas carencias obedecen a una clara intención del legislador en mantenerlas. A la vez, se observa cómo reacciona el Ministerio Público ante esta exigencia pública, utilizando las herramientas que tiene a la mano, recurriendo a tipos penales secundarios e investigando por hechos no centrales al problema original, sin obtener buenos resultados y muchas veces sobreutilizando la prisión preventiva. Para esto, se revisan los casos de la colusión de las farmacias, sobre la impunidad penal de los atentados a la libre competencia; de Celco y Freirina, sobre la ausencia de un Derecho penal medioambiental; la mina San José, sobre la ausencia de un Derecho penal laboral; ADN-Nutricomp, sobre la reacción de la jurisprudencia ante problemas ...

The provision of legal technical assistance has in recent years become a major concern for international financial institutions, such as the World Bank, and for Western-based bilateral donor agencies. This book offers critical perspectives for the evaluation of legal technical assistance projects and contains proposals for action and research. Five chapters offer general perspectives on law, state and civil society and the remaining six case studies on themes such as economic regulation, agrarian reform, representation of women and access to justice

"Our oceans need a strong and effective environmental rule of law to protect them against increased pressures and demands, including climate change, pollution, fisheries, shipping and more. The environmental rule of law for oceans requires the existence of a set of rules and policies at multiple governance levels that appropriately regulate human activities at sea and ensure that pressures on the marine ecosystem are tackled effectively. Adhering to the rule of law through clear, predictable, coherent, and legitimate rules, and their implementation and enforcement, is timely and urgent. In this book, we are searching for ways to improve, strengthen and further develop the environmental rule of law for oceans. The book provides future-oriented perspectives on how law should evolve to better preserve the oceans. All chapters incorporate novel insights and ideas for legal solutions that might inspire scholars, actors, authorities, citizens and communities around the globe. This title is Open Access"--

Our oceans need a strong and effective environmental rule of law to protect them against increased pressures and demands, including climate change, pollution, fisheries, shipping and more. The environmental rule of law for oceans requires the existence of a set of rules and policies at multiple governance levels that appropriately regulate human activities at sea and ensure that pressures on the marine ecosystem are tackled effectively. Adhering to the rule of law through clear, predictable, coherent, and legitimate rules, and their implementation and enforcement, is timely and urgent. In this book, we are searching for ways to improve, strengthen and further develop the environmental rule of law for oceans. The book provides future-oriented perspectives on how law should evolve to better preserve the oceans. All chapters incorporate novel insights and ideas for legal solutions that might inspire scholars, actors, authorities, citizens and communities around the globe. This title is Open Access.

By juxtaposing European and American concepts of autonomy in the law as they are applied to families, capital punishment and criminal trials, authors reveal the common values that justify all legal systems. This book sheds new light on the fundamental purpose of law by examining how European and American lawyers, judges, and citizens actually apply and should apply legal autonomy to litigation, legislation, and the law itself.

"In 'The Codification of Islamic Criminal Law in the Sudan', Olaf Köndgen offers an in-depth analysis of the Sudan's Islamized penal codes of 1983 and 1991, their historical, political, and juridical context, their interpretation in the case law of the Supreme Court, and their practical application. He examines issues that arise in sharia criminal law, including homicide, bodily harm, unlawful sexual intercourse (zina, liwat), rape, unfounded accusation of unlawful sexual intercourse (qadhf), highway robbery (hiraba), apostasy (ridda), and alcohol consumption. Drawing on a wide range of primary and secondary sources, a large number of previously untapped Supreme Court cases, and interviews with judges and politicians, Köndgen convincingly explains the multiple contradictions and often surprising aspects of one of the Arab world's longest lasting applications of codified sharia criminal law"--Back cover

Cover -- Half Title -- Title -- Copyright -- Contents -- List of Figures -- Series Preface -- Preface -- I INTRODUCTION -- 1 Modern Law and its Problems -- II THREE NARRATIVES OF MODERN LAW -- 2 Max Weber: the Formal Rationality of Modern Law -- 3 François Ewald: the Rationality of the Norm -- 4 Jürgen Habermas: the Communicative Rationality of Law -- III THE ASPECTS AND THE LEVELS OF THE LAW -- 5 The Two Faces of the Law -- 6 The Levels of the Law -- 7 The Formation of the Legal Order: The Relations of Sedimentation and Constitution -- 8 The Self-Limitation of the Law -- 9 The Legitimacy of Modern Law -- 10 Legal Science -- Bibliography -- Index.