International Law?
In: Harvard international law journal, Band 32, Heft 2, S. 363
ISSN: 0017-8063
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In: Harvard international law journal, Band 32, Heft 2, S. 363
ISSN: 0017-8063
This study deals with the law of criminal complicity in both its commonlaw dimensions and as modified by legislation in England, in the Australianjurisdictions (i.e ., the Australian States and in the Commonwealth CrimesAct,19H), and in New Zealand.In the criminal law "complicity" denotes partnership in crime. As such,what might be called the doctrine of criminal complicity consists in thatcorpus of principle which governs the joint implication of each of two or morepersons in a given crime. A person my become particeps criminis in one oftwo ways,i.e., by physically perpetrating this crime or by instigating,encouraging the perpetrator to do this. The first offender is usually calleda principal in the crime , and the latter of them an accessory, or secondaryparty in its commission.For the reasons noted at the outset of Chapter One, the major stress inthis study is upon the statement and evaluation of the law relating tocriminal participation as an accessory. Nonetheless, it will of course befrequently necessary to consider the position of the principal in some detailin analysing the law of complicity.This analysis was motivated ay two ambitions, both of them traditional.The first of them was to state the law as it presently stands. This was feltto be justified, in particular, given that prior to this one (which waspublished in an earlier, and somewhat different form by the Law Book Co. Ltd.of Sydney, in July of last year), no monograph-length study had been undertakenof this topic in any of the common law jurisdictions.The seoond objective, one obviously dependent upon the fulfilment of thefirst, was to evaluate the effectiveness of this branch of the law and todetermine whether or not it is in need of legislative reform in each of thesubject jurisdictions, and if so, then in what terms. I have concluded, (1) that the law should continue to recognise a specifically derivative form of accessorial liability (derivative, in the sense that the person who instigates, encourages or assists the principal offender to commit a crime is made liable for this crime,rather than for an independent offence of an ancillary character); and (2) that the law of complicity - and in particular, that part of it dealing with accessorial liability - is susceptible to reform at a number of levels, in each of the subject jurisdictions. I have sought to take account of the law as it stood in the subject jurisdictions in the last months of 1980.
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In: International & comparative law quarterly: ICLQ, Band 38, Heft 3, S. 693
ISSN: 0020-5893
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The impact of EU membership on the UK constitution has been profound. In the Miller (Article 50) case, the Supreme Court described the effect of the European Communities Act 1972 (ECA) – the means by which EU membership was given effect within the UK – as being unprecedented in constitutional terms. Not only did it provide for a new source of law, and a new constitutional process for making law in the UK, it also fundamentally changed the UK's system of government and the way in which we think about the location and exercise of public power.
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In: Nijhoff eBook titles 2008
Preliminary Material /Roberta Arnold and Noëlle Quénivet -- Introduction the History of the Relationship between International Humanitarian Law and Human Rights Law /Noëlle Quénivet -- Chapter I. Fundamental Standards of Humanity: a CommonLanguage of International Humanitarian Law andHuman Rights Law /Marco Odello -- Chapter II. End Justifi Es the Means? Post 9/11 Contempt for Humane Treatment /Agnieszka Jachec-Neale -- Chapter III. Legal Conclusion or Interpretative Process? Lex Specialis and the Applicability of International Human Rights Standards /Conor McCarthy -- Chapter IV. Legal Reasoning and the Applicability of International Human Rights Standards During Military Occupation /Conor McCarthy -- Chapter V. Triggering State Obligations Extraterritorially: the Spatial Test in Certain Human Rights Treaties /Ralph Wilde -- Chapter VI. DRC volume Uganda: Th E Applicability of International Humanitarian Law and Human Rights Law in Occupied Territories /Tom Ruys and Sten Verhoeven -- Chapter VII. Individuals as Subjects of International Humanitarian Law and Human Rights Law /Cátia Lopes and Noëlle Quénivet -- Chapter VIII. Concurrent Application of International Humanitarian Law and Human Rights Law: a Victim Perspective /Jean-Marie Henckaerts -- Chapter IX. The Implementation of International Humanitarian Law by Human Rights Courts: the Example of the Inter-American Human Rights System /Emiliano J. Buis -- Chapter X. Collateral Damages of Military Operations: Is Implementation of International Humanitarian Law Possible Using International Human Rights Law Tools? /Giovanni Carlo Bruno -- Chapter XI. The Role of the UN Security Council in Implementing International Humanitarian Law and Human Rights Law /Gregor Schotten and Anke Biehler -- Chapter XII. The Right to Life in International HumanitariaLaw and Human Rights Law /Nolle Qunivet -- Chapter XIII. Protection of Women in International Humanitarian Law and Human Rights Law /Anke Biehler -- Chapter XIV. Protection of Children in International Humanitarian Law and Human Rights Law /Vesselin Popovski -- Chapter XV. Unaccompanied Minors and the Right to Family Reunifi Cation in International Humanitarian Law and Human Rights Law: the Iraqi Experience /Kyriaki Topidi -- Chapter XVI. Crossing Legal Borders: the Interface between Refugee Law, Human Rights Law and Humanitarian Law in the International Protection of Refugees /Alice Edwards -- Chapter XVII. Fair Trial Guarantees in Occupied Territory the Interplay between International Humanitarian Lawand Human Rights Law /Yutaka Arai-Takahashi -- Chapter XVIII. Terrorism in International Humanitarian Law and Human Rights Law /Roberta Arnold -- Chapter XIX. Judging Justice: Laws of War, Human Rights, and the Military Commissions Act of 2006 /Christian M. De Vos -- Chapter XX. Targeted Killings and International Law: Law Enforcement, Self-defense, and Armed Conflict /Michael N. Schmitt -- Chapter XXI. Implementing the Concept of Protection of Civilians in the Light of International Humanitarian Law and Human Rights Law: the Case of MONUC /Katarina Mansson -- Conclusions /Roberta Arnold and Noëlle Quénivet -- Index /Roberta Arnold and Noëlle Quénivet.
In: Oxford legal philosophy
In: Oxford scholarship online
In 'Elucidating Law', Julie Dickson addresses questions concerning the methodology of legal philosophy and advocates that legal philosophers should espouse an 'Indirectly Evaluative Legal Philosophy'. This approach can facilitate legal philosophers' understanding of aspects of the nature of law, without regarding law as inherently morally valuable.
In 1970 Belgium established three Communities: the French, Flemish and German-speaking Communities. It was then in 1980 that three regions were set up: Walloon, Flemish and Brussels. Further amendments to the Constitution were made on 7 and 15 July 1988, as well as a special law of 8 August 1988 amending the original law of 8 August 1980. It is essential to say that most of the changes and principles governing the organisation and functioning of both the three Communities and the three regions date back to 1970 and 1980. The international nature of the Community's role in 1970 is significant. In 1980, an Arbitration Court was provided for by the Constitution and established to settle conflicts between the laws and decrees of the Communities and the Regions. The Federal State is characterised by two features: autonomy and co-operation. In 1988, the Arbitration Court continued the work of constitutional justice and verifies the conformity of laws or decrees with the provisions of international law and in particular European law. ; En 1970 la Belgique a instauré trois Communautés : les Communautés française, flamande et germanophone. Puis c'est en 1980 que se sont mises en place trois Régions : wallonne, flamande et bruxelloise. De nouveaux amendements à la Constitution ont été faits le 7 et le 15 juillet 1988, ainsi qu'une loi spéciale du 8 août 1988 qui est venue modifier la loi originale du 8 août 1980. Il est indispensable de dire que l'essentiel des changements et des principes d'organisation et de fonctionnement des trois Communautés aussi bien que des trois Régions datent de 1970 et de 1980. Le caractère international du rôle que les Communautés ont joué en 1970 est significatif. En 1980, une Cour d'arbitrage a été prévue par la Constitution et créée afin de régler les conflits entre les lois et les décrets des Communautés et des Régions. L'Etat fédéral se caractérise par deux traits : l'autonomie et la co-opération. En 1988 la Cour d'arbitrage poursuit l'oeuvre de justice constitutionnelle et vérifie la ...
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In: Spotlights series
Public Law is an ideal choice for all students looking for a comprehensive yet accessible textbook on this area of law, as its clear writing style, accessible tone, and focus on modern case law help bring the subject to life. The book covers the key institutions, concepts, and legal rules of the United Kingdom's constitutional system, with the chapters arranged around four subjects: the foundations of the constitutional system; Constitutional Law; Administrative Law; and human rights. The book's central theme is that of state power, and the relationship between the state and the citizen. Co-authored by Michael Doherty and Noel McGuirk, the third edition has been revised to reflect recent key developments in Public Law. It now extensively explores, in addition to several other key chapter updates, the unfolding impact of Brexit, the 2019 General Election, changes in devolution across England, Scotland, and Wales, and the 2020 Coronavirus Act. Clearly written and easy to use, Public Law enables students to fully engage with the topic and gain a profound understanding of this fundamental, exciting area. The Routledge Spotlights series brings a modern, contemporary approach to the core law curriculum, which will help students: - To move beyond an understanding of the law. - To refine and develop the key skills of problem-solving, evaluation and critical reasoning, which are essential to assessment success. - To discover sources and suggestions for taking your study further. By focusing on recent case law and real-world examples, Routledge Spotlights will help you shed light on the law, understand how it operates in practice, and gain a unique appreciation of the contemporary context of the subject.
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In: Common market law review, Band 44, Heft 4, S. 1101-1116
ISSN: 0165-0750
The Supreme Court of Tennessee has been faced with few major Constitutional Law problems during the period under consideration. Statistically, the action of the Court in invalidating one law out of almost a score that were attacked before it on the basis of constitutional defect suggests an attitude of judicial restraint toward the product of a coordinate branch of government. The relatively small number of constitutional questions raised-- and many of them were obviously make-weight rather than points of principal reliance-- suggests a general awareness of the Court's stability and the unlikelihood of its departing from established precedent. Similarly, regard for the precedent established in Plessy v. Ferguson, with its "separate but equal" doctrine, was a major factor in the decision of two federal district courts in Tennessee involving alleged deprivation of constitutional rights in the furnishing of educational and recreational facilities to Negroes. It was not a year for the expansion or contraction of doctrines of constitutionality previously established, although in one instance at least it appears that some "new law" was made.
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International Law is the definitive and authoritative text on the subject. It has long been established as a leading authority in the field, offering an unbeatable combination of clarity of expression and academic rigour, ensuring understanding and analysis in an engaging and authoritative style. Explaining the leading rules, practice and caselaw, this treatise retains and develops the detailed referencing which encourages and assists the reader in further study. This new edition has been fully updated to reflect recent developments. In particular, it has expanded the treatment of space law and of international economic law, and introduced new sections on cyber operations and cyber warfare, as well as reflecting the Covid-19 crisis. Both clarifying fundamental principles and facilitating additional research, International Law is invaluable for students and for those occupied in private practice, governmental service and international organisations.