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The Future of EU Criminal Justice Policy and Practice

Legal and Criminological Perspectives

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Edited by Jannemieke Ouwerkerk, Judit Altena, Jacob Öberg and Samuli Miettinen

EU criminal justice is a fast developing and challenging area of EU law and policy that requires scholars from different disciplines to join forces. This book is a first attempt to establish such synergies. Coming from different angles, the authors deal with questions in the area of EU substantive criminal law, such as when criminalisation of conduct is an appropriate choice; how the process of (de)criminalisation could be advanced; what the role of evidence could be in this regard; and what consequences criminalisation decisions at EU level have for national legal orders. The book concludes with a demonstration of how similar issues arise in the field of procedural criminal law.

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Patrick Blannin

One of the most dominant security issues of the twenty-first century has been the US led battle against transnational terrorism – the aptly named Long War. Over the past fifteen years the Long War has been examined using multiple perspectives. However, one central mechanism is missing in current Long War analyses: defence diplomacy. Defence diplomacy enhances the diplomatic and security capacity of a state, providing the only link between executive office and the ministries of foreign affairs and defence, two vital institutions in the Long War. Using a case study of US defence diplomacy in Afghanistan from 2001 to 2014, the paper argues simply that the practice of defence diplomacy far outweighs current theories on what it is, how it works and why it matters. The paper aims to generate a more nuanced understanding of defence diplomacy, as well as identify it as a key component of the US CT/COIN strategy to achieve their Long War policy objectives.

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Rhonda Ferguson

In The Right to Food and the World Trade Organization’s Rules on Agriculture: Conflicting, Compatible, or Complementary?, Rhonda Ferguson explores the relationship between the human right to food and agricultural trade rules. She questions whether States can adhere to their obligations under both regimes simultaneously. These two regimes are frequently portrayed to be in tension with one another. The content and contours of the right to food under international human rights law and WTO rules on domestic supports, export subsidies, and market access are considered through the lens of norm conflict theories. The analysis is situated within the context of the debate surrounding the fragmentation of international law.

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Thomas C. Grey

In Formalism and Pragmatism in American Law Thomas Grey gives a full account of each of these modes of legal thought, with particular attention to the versions of them promulgated by their influential exponents Christopher Columbus Langdell and Oliver Wendell Holmes, Jr. Grey argues that legal pragmatism as understood by Holmes is the best jurisprudential framework for a modern legal system. He enriches his theoretical account with treatments of central issues in three important areas of law in the United States: constitutional interpretation, property, and torts.