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History, lex lata and Developments de lege ferenda
This book presents the first comprehensive study of international criminal jurisdiction over organized crime. Taking into account a broad range of profit-generating crimes, including human trafficking, migrant smuggling, drug trafficking, and illicit trade in arms and ammunition, she draws a concise picture of who can be prosecuted for what under which circumstances by analysing the current legal framework as defined by the Rome Statute, and by discussing future developments that could further facilitate such prosecutions.
Whereas international criminal law in the strict sense has long been considered not to apply to organized crime, Strobel convincingly demonstrates that international criminal prosecutions hold underexploited potential to bring leaders of cartels and trafficking rings to justice.
Whereas international criminal law in the strict sense has long been considered not to apply to organized crime, Strobel convincingly demonstrates that international criminal prosecutions hold underexploited potential to bring leaders of cartels and trafficking rings to justice.
History, lex lata and Developments de lege ferenda
This book presents the first comprehensive study of international criminal jurisdiction over organized crime. Taking into account a broad range of profit-generating crimes, including human trafficking, migrant smuggling, drug trafficking, and illicit trade in arms and ammunition, she draws a concise picture of who can be prosecuted for what under which circumstances by analysing the current legal framework as defined by the Rome Statute, and by discussing future developments that could further facilitate such prosecutions.
Whereas international criminal law in the strict sense has long been considered not to apply to organized crime, Strobel convincingly demonstrates that international criminal prosecutions hold underexploited potential to bring leaders of cartels and trafficking rings to justice.
Whereas international criminal law in the strict sense has long been considered not to apply to organized crime, Strobel convincingly demonstrates that international criminal prosecutions hold underexploited potential to bring leaders of cartels and trafficking rings to justice.
Developing A Contextualized Approach to Address Recurring Problems in the Context of Facts and Evidence
This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights and the UN Human Rights Committee. The book identifies underlying principles which govern the procedural law of these international human rights institutions. Based on the premise of a contextualized procedural law governing facts and evidence, the book analyzes where current approaches lack rationalization within the contextualization premise and offers solutions for persisting procedural problems relating to questions of subsidiarity in fact-finding, burden and standard of proof, as well as the admissibility and evaluation of evidence.
Developing A Contextualized Approach to Address Recurring Problems in the Context of Facts and Evidence
This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights and the UN Human Rights Committee. The book identifies underlying principles which govern the procedural law of these international human rights institutions. Based on the premise of a contextualized procedural law governing facts and evidence, the book analyzes where current approaches lack rationalization within the contextualization premise and offers solutions for persisting procedural problems relating to questions of subsidiarity in fact-finding, burden and standard of proof, as well as the admissibility and evaluation of evidence.
An International Human Rights Analysis
This book investigates the dynamics between international incitement prohibitions and international standards on freedom of religious speech, with a special focus on the potential incitement prohibitions for the protection of the rights of LGBT+ people. To that end, the book seeks to determine if and to what extent sexual orientation and gender identity are protected grounds under international anti-incitement law. Building on that analysis, the book also delves deeper into the particularly controversial and complex issue of religiously-motivated speech against LGBT+ people, a phenomenon engaging both religious speech rights and equality and other rights of LGBT+ people. Drawing on recent international law benchmarking in the area of incitement and complementing this with extensive comparative legal analysis, best practice lessons are presented on how to calibrate free religious expression and the protection of LGBT rights in the pluralist state. Among other findings, the present research rejects a sweeping a priori trump in the form of a ‘scripture defence’ against incitement charges, but rather recommends a context-based risk assessment of speech acts potentially affecting the rights of LGBT+ people.
An International Human Rights Analysis
This book investigates the dynamics between international incitement prohibitions and international standards on freedom of religious speech, with a special focus on the potential incitement prohibitions for the protection of the rights of LGBT+ people. To that end, the book seeks to determine if and to what extent sexual orientation and gender identity are protected grounds under international anti-incitement law. Building on that analysis, the book also delves deeper into the particularly controversial and complex issue of religiously-motivated speech against LGBT+ people, a phenomenon engaging both religious speech rights and equality and other rights of LGBT+ people. Drawing on recent international law benchmarking in the area of incitement and complementing this with extensive comparative legal analysis, best practice lessons are presented on how to calibrate free religious expression and the protection of LGBT rights in the pluralist state. Among other findings, the present research rejects a sweeping a priori trump in the form of a ‘scripture defence’ against incitement charges, but rather recommends a context-based risk assessment of speech acts potentially affecting the rights of LGBT+ people.
Mona Samadi examines the sources of gender differences within the Islamic legal tradition and describes how Islamic law entitles individuals to justice according to their status, abilities and potential. In the case of men and women's capabilities, the underlying principle is that they are entitled to the same rights, as long as their capabilities are the same. In the legal construction of women's status, women have been prescribed lacking the same abilities and capabilities as men. As such, their status and rights differ, justifying men to be the maintainers of women.
By presenting the historical development of women's status and how women's legal status is debated in contemporary Muslim societies, Mona Samadi convincingly provides various methods for facilitating change within the Islamic legal theory framework.
By presenting the historical development of women's status and how women's legal status is debated in contemporary Muslim societies, Mona Samadi convincingly provides various methods for facilitating change within the Islamic legal theory framework.
Mona Samadi examines the sources of gender differences within the Islamic legal tradition and describes how Islamic law entitles individuals to justice according to their status, abilities and potential. In the case of men and women's capabilities, the underlying principle is that they are entitled to the same rights, as long as their capabilities are the same. In the legal construction of women's status, women have been prescribed lacking the same abilities and capabilities as men. As such, their status and rights differ, justifying men to be the maintainers of women.
By presenting the historical development of women's status and how women's legal status is debated in contemporary Muslim societies, Mona Samadi convincingly provides various methods for facilitating change within the Islamic legal theory framework.
By presenting the historical development of women's status and how women's legal status is debated in contemporary Muslim societies, Mona Samadi convincingly provides various methods for facilitating change within the Islamic legal theory framework.
In
Artificial Intelligence: Robot Law, Policy and Ethics, Dr. Nathalie Rébé discusses the legal and contemporary issues in relation to creating conscious robots, and argues that AI’s physical and decision-making capacities to act on its own, means having to grant it a juridical personality.
The advancement in new technologies forces us to reconsider the role Artificial Intelligence (AI) will have in our society. Sectors such as education, transportation, jobs, sex, business, the military, medical and security will be particularly affected by the development of AI.
This book provides an analysis of cases and existing regulatory tools, which could be used by lawyers in future trials. Dr. Rébé also offers a new comprehensive framework to regulate Strong AI so that ‘it’ can safely live among humans.
This book is a response to two questions: first, should we ban or prohibit AI; and, secondly, if not, what should be the salient features of a legal or regulatory framework for AI?
The advancement in new technologies forces us to reconsider the role Artificial Intelligence (AI) will have in our society. Sectors such as education, transportation, jobs, sex, business, the military, medical and security will be particularly affected by the development of AI.
This book provides an analysis of cases and existing regulatory tools, which could be used by lawyers in future trials. Dr. Rébé also offers a new comprehensive framework to regulate Strong AI so that ‘it’ can safely live among humans.
This book is a response to two questions: first, should we ban or prohibit AI; and, secondly, if not, what should be the salient features of a legal or regulatory framework for AI?
In
Artificial Intelligence: Robot Law, Policy and Ethics, Dr. Nathalie Rébé discusses the legal and contemporary issues in relation to creating conscious robots, and argues that AI’s physical and decision-making capacities to act on its own, means having to grant it a juridical personality.
The advancement in new technologies forces us to reconsider the role Artificial Intelligence (AI) will have in our society. Sectors such as education, transportation, jobs, sex, business, the military, medical and security will be particularly affected by the development of AI.
This book provides an analysis of cases and existing regulatory tools, which could be used by lawyers in future trials. Dr. Rébé also offers a new comprehensive framework to regulate Strong AI so that ‘it’ can safely live among humans.
This book is a response to two questions: first, should we ban or prohibit AI; and, secondly, if not, what should be the salient features of a legal or regulatory framework for AI?
The advancement in new technologies forces us to reconsider the role Artificial Intelligence (AI) will have in our society. Sectors such as education, transportation, jobs, sex, business, the military, medical and security will be particularly affected by the development of AI.
This book provides an analysis of cases and existing regulatory tools, which could be used by lawyers in future trials. Dr. Rébé also offers a new comprehensive framework to regulate Strong AI so that ‘it’ can safely live among humans.
This book is a response to two questions: first, should we ban or prohibit AI; and, secondly, if not, what should be the salient features of a legal or regulatory framework for AI?
The Impact of Article 6 of the European Convention on Human Rights
In
Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights.
The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.
The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.
The Impact of Article 6 of the European Convention on Human Rights
In
Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights.
The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.
The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.
The deployment of Autonomous Weapons gives rise to ongoing debate in society and at the United Nations, in the context of the Convention on Certain Conventional Weapons. Yet there little empirical research has been done on this topic. This volume fills that gap by offering an empirical study based on military personnel and civilians working at the Dutch Ministry of Defence. It yields insight into how Autonomous Weapons are perceived by the military and general public; and which moral values are considered important in relation to their deployment. The research approach used is the Value-Sensitive Design (VSD) method that allows for the consideration of human values throughout the design process of technology. The outcome indicates that military personnel and civilians attribute more agency (the capacity to think and plan) to an Autonomous Weapon than to a Human Operated Drone. In addition, it is clear that common ground exists between military and societal groups in their perception of the values of human dignity and anxiety. These two values arise often in the discourse, and addressing them is essential when considering the ethics of the deployment of Autonomous Weapons. The text of this volume is also offered in parallel French and German translation.
The deployment of Autonomous Weapons gives rise to ongoing debate in society and at the United Nations, in the context of the Convention on Certain Conventional Weapons. Yet there little empirical research has been done on this topic. This volume fills that gap by offering an empirical study based on military personnel and civilians working at the Dutch Ministry of Defence. It yields insight into how Autonomous Weapons are perceived by the military and general public; and which moral values are considered important in relation to their deployment. The research approach used is the Value-Sensitive Design (VSD) method that allows for the consideration of human values throughout the design process of technology. The outcome indicates that military personnel and civilians attribute more agency (the capacity to think and plan) to an Autonomous Weapon than to a Human Operated Drone. In addition, it is clear that common ground exists between military and societal groups in their perception of the values of human dignity and anxiety. These two values arise often in the discourse, and addressing them is essential when considering the ethics of the deployment of Autonomous Weapons. The text of this volume is also offered in parallel French and German translation.
Reconciling Autonomy with Equal Rights and Opportunities
This book examines different approaches by which states characterised by federal or decentralized arrangements reconcile equality and autonomy. In case studies from four continents, leading experts analyse the challenges of ensuring institutional, social and economic equality whilst respecting the competences of regions and the rights of groups.
Reconciling Autonomy with Equal Rights and Opportunities
This book examines different approaches by which states characterised by federal or decentralized arrangements reconcile equality and autonomy. In case studies from four continents, leading experts analyse the challenges of ensuring institutional, social and economic equality whilst respecting the competences of regions and the rights of groups.
Interests and Interest-Holders
This book casts new light on the application of the principle of proportionality in international law. Proportionality is claimed to play a central role in governing the exercise of public power in international law and has been presented as the ‘ultimate rule of law’. It has also been the subject of fierce criticism: it is argued that it leads to unreflexive and arbitrary application of the law and deprives rights of their role as a ’firewall’ protecting individuals. But the debate on proportionality has tended to focus on the question of ‘how’ proportionality should be carried out. Much less attention has been devoted to the question of ‘who’.
This edited volume bring together scholars from a wide range of areas of international law to consider that question: whose interests are at stake when courts and other legal authorities apply the principle of proportionality? In so doing, this volume casts new light on the role which proportionality can play in international law, in shaping and modulating the power relations between the different entities governed by it.
This edited volume bring together scholars from a wide range of areas of international law to consider that question: whose interests are at stake when courts and other legal authorities apply the principle of proportionality? In so doing, this volume casts new light on the role which proportionality can play in international law, in shaping and modulating the power relations between the different entities governed by it.
Interests and Interest-Holders
This book casts new light on the application of the principle of proportionality in international law. Proportionality is claimed to play a central role in governing the exercise of public power in international law and has been presented as the ‘ultimate rule of law’. It has also been the subject of fierce criticism: it is argued that it leads to unreflexive and arbitrary application of the law and deprives rights of their role as a ’firewall’ protecting individuals. But the debate on proportionality has tended to focus on the question of ‘how’ proportionality should be carried out. Much less attention has been devoted to the question of ‘who’.
This edited volume bring together scholars from a wide range of areas of international law to consider that question: whose interests are at stake when courts and other legal authorities apply the principle of proportionality? In so doing, this volume casts new light on the role which proportionality can play in international law, in shaping and modulating the power relations between the different entities governed by it.
This edited volume bring together scholars from a wide range of areas of international law to consider that question: whose interests are at stake when courts and other legal authorities apply the principle of proportionality? In so doing, this volume casts new light on the role which proportionality can play in international law, in shaping and modulating the power relations between the different entities governed by it.
A Fundamental Rights Analysis of Passenger Data Sharing
This book offers a legal analysis of sharing of passenger data from the EU to the US in light of the EU legal framework protecting individuals’ privacy and personal data. It aims to situate this analysis with respect to the ever-growing policies of Global North countries to introduce pre-screening procedures in border control proceedings for the purpose of the fight against terrorism. By tracing the literature on the (in)securitisation and as such depoliticization of border controls through technology-led interventions, it explores the multiplicity of purposes that passenger data sharing entail and considers the question on the limitability of fundamental rights depending on its purpose.
A Fundamental Rights Analysis of Passenger Data Sharing
This book offers a legal analysis of sharing of passenger data from the EU to the US in light of the EU legal framework protecting individuals’ privacy and personal data. It aims to situate this analysis with respect to the ever-growing policies of Global North countries to introduce pre-screening procedures in border control proceedings for the purpose of the fight against terrorism. By tracing the literature on the (in)securitisation and as such depoliticization of border controls through technology-led interventions, it explores the multiplicity of purposes that passenger data sharing entail and considers the question on the limitability of fundamental rights depending on its purpose.