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Lachezar D. Yanev

The proper construction of co-perpetration responsibility in international criminal law has become one of the most enduring controversies in this field, with the UN Tribunals endorsing the theory of joint criminal enterprise, and the International Criminal Court adopting the alternative joint control over the crime theory to define this mode of liability. This book seeks to reconcile the ICTY/R’s and ICC’s jurisprudence by providing a definition of co-perpetration that could be uniformly applied in the two justice models that these institutions represent: the ad hoc- and the treaty-based model. An evaluation framework is adopted, pursuant to which the origins, merits and deficiencies of the said competing theories are critically assessed, and a refined legal framework of co-perpetration responsibility is proposed.

Historical Title, Self-Determination and the Kashmir Question

Changing Perspectives in International Law

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Fozia Nazir Lone

In Historical Title, Self-Determination and the Kashmir Question Fozia Nazir Lone offers a critical re-examination of the Kashmir question. Through an interdisciplinary approach and international law perspective, she analyses political practices and the substantive international law on the restoration of historical title and self-determination. The book analytically examines whether Kashmir was a State at any point in history; the effect of the 1947 occupation by India/Pakistan; the international law implications of the constitutional incorporation of this territory and the ongoing human rights violations; whether Kashmiris are entitled to restore their historical title through the exercise of self-determination; and whether the Kashmir question could be resolved with the formation of international strategic alliance to curb danger of spreading terrorism in Kashmir.

Observing Islam in Spain

Contemporary Politics and Social Dynamics

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Edited by Ana I. Planet Contreras

Islam in Spain has been transformed from a historical to a social matter in recent decades, attracting the attention of experts from a variety of disciplines. However, contributions to the field have been somewhat disperse. The multidisciplinary nature of the research done -mainly by specialists in Islamic Studies, Anthropology, Sociology and Law- has not been conducive to debates between specialists or to the publication of comprehensive works that recognize the wealth of views and findings.

Observing Islam in Spain contains the keys to understanding current debates about the presence of Muslim citizens in Spain with regard to symbolism and public space, the law, ritual, the question of re-Islamization and the association-building and political participation of young people and women.

Contributors are Marta Alonso Cabré, José María Contreras Mazarío, Khalid Ghali, Aitana Guia, Alberto López Bargados, Salvatore Madonia, Laura Mijares, Jordi Moreras, Ana I. Planet Contreras, Ángeles Ramírez, Óscar Salguero Montaño, Ariadna Solé Arraràs and Virtudes Téllez Delgado.

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Edited by Magdalena Badde-Revue and Marie-des-Neiges Ruffo de Calabre

European armed forces have frequently had to participate in counter-terrorist operations while abroad. For many, however, counter-terrorist operations in their home country are a relatively new phenomenon. Armed and uniformed soldiers can now be seen doing work which is, in some respects, comparable to that of the civilian security forces. What are the ethical implications of this phenomenon? To what extent does it change the relationship between the soldier and the democratic state? Do emerging technologies encroach on democratic freedoms? Does the phenomenon re-define the relationship between the police and the military? Under what conditions can soldiers be trained to achieve victory by force of arms, be used effectively in crowded city centres? Conversely, do we also risk over-militarising our police?

Governing Muslims and Islam in Contemporary Germany

Race, Time, and the German Islam Conference

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Luis Hernández Aguilar

In 2006 against the background of the increasing problematization of Muslims and Islam in German public debate, the German government established the German Islam Conference. In a post 9/11 world, this was a time period shaped by the global war on terror, changes in the German naturalization law, the proliferation of racism targeting Muslims, and the expansion of security apparatuses. In Governing Muslims and Islam in Contemporary Germany Luis Manuel Hernández Aguilar critically analyzes the institutionalization of the Conference and the different projects this institution has set in motion to govern Islam and Muslims against the looming presence of racial representations of Muslims. The analysis begins with the foundation of the Conference until the end of its second phase in 2014.

Edited by Michael Freeman

This collection of essays by a variety of scholars, compiled to celebrate the silver anniversary of The International Journal of Children’s Rights, builds on work already in the literature to reveal where we are now at and how the law concerned with children is reacting to new developments. New, or relatively new subject matter is explored, such as film classification, intersex genital mutilation, the right to development. Rights within the context of sport are given an airing. We are offered new perspectives on discipline, on the significance of “rights flowing downhill,” on the so-called “General Principles.“ The uses to which the CRC is put in legal reasoning in some legal systems is critically examined. Though not intended as an audit, the collection offers a fascinating image of where the field of children's right is at now, the progress that has been made, and what issues will require work in the future.

Justice Without Borders

Essays in Honour of Wolfgang Schomburg

Edited by Martin Böse, Michael Bohlander, André Klip and Otto Lagodny

Justice Without Borders is the theme of this collection of essays that honours Judge Wolfgang Schomburg on the occassion of his 70th birthday on 9 April 2018. The contributions of distinguished authors in the area of international criminal law, European criminal law and international cooperation focus on topics that are important for Wolfgang Schomburg: the pursuit of international criminal justice with respect for the interests of the accused, the facilitation of international cooperation subject to the rule of law, and the principle of fair trial .

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Matthias Vanhullebusch

Global Governance, Conflict and China sheds a unique perspective on China’s normative behaviour in the realm of collective security, peacekeeping, arms control, the war on terror and post-conflict justice. This analysis engages with an Asian epistemological framework whose relational thought borrows from the context – space and time alike – that informs China’s principle-driven conduct on the international plane. Through the lens of relational governance, this work develops a new theory on the relational normativity of international law (TORNIL) that identifies the interdependent sources that underpin China’s international legal argument, i.e. norms, values and relationships. Without a fertile soil in which those conflicting relationships between share- and stakeholders can be rebuilt, international laws governing (post-conflict) violence cannot restore and maintain peace, humanity and accountability.

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Maria Sjöholm

In Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems Maria Sjöholm examines the jurisprudence on gender-based harm in the European, Inter-American and African regional human rights law systems from the viewpoint of feminist legal methods and theories. By offering indicators relevant for gender-sensitive norm interpretation, Maria Sjöholm identifies inconsistencies in the current regional legal frameworks with regard to the protection of women concerning such violations as domestic violence, human trafficking, sexual violence, forced sterilization and restrictions on other reproductive rights. The book offers an in-depth account not only of the manner in which such harm has been recognized through integration in general human rights law treaties, but also the categorization of such as particular human rights norms by regional human rights courts and commissions.

Children, Autonomy and the Courts

Beyond the Right to be Heard

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Aoife Daly

In this book Aoife Daly argues that where courts decide children’s best interests (for example about parental contact) the UN Convention on the Rights of the Child's "right to be heard" is insufficient, and autonomy should instead be the focus. Global law and practice indicate that children are regularly denied due process rights in their own best interest proceedings and find their wishes easily overridden. It is argued that a children’s autonomy principle, respecting children’s wishes unless significant harm would likely result, would ensure greater support for children in proceedings, and greater obligations on adults to engage in transparent decision-making. This book is a call for a reconceptualisation of the status of children in a key area of children’s rights.