Browse results

You are looking at 1 - 10 of 1,775 items for :

  • Human Rights and Humanitarian Law x
  • Upcoming Publications x
  • Just Published x
Clear All
This volume conducts an in-depth analysis of the ECtHR’s case law in the area of migration and asylum as regards the most relevant rights of the ECHR, exploring the role of this court in this area of law. Each chapter deals with the case law on one specific ECHR article. In addition, the volume is enriched by two additional studies which deal with issues that are treated in a transversal manner, namely vulnerability and the margin of appreciation. The volume systematises the case law on aliens’ rights under the ECHR, offering readers the chance to familiarise themselves with or gain deeper insight into the main principles the Strasbourg court applies in its case law regarding aliens.
This volume of Annotated Legal Documents on Islam in Europe covers Spain and consists of an annotated collection of legal documents affecting the status of Islam and Muslims. The legal texts are published in the original Spanish language while the annotations and supporting material are in English. By legal documents are meant the texts of legislation, including relevant secondary legislation, as well as significant court decisions. Each legal text is preceded by an introduction describing the historical, political and legal circumstances of its adoption, plus a short paragraph summarising its content. The focus of the collection is on the religious dimensions of being Muslim in Europe, i.e. on individuals' access to practise their religious obligations and on the ability to organise and manifest their religious life.
In this book academic and police officer Erik van de Sandt researches the security practices of cyber criminals. While their protective practices are not necessarily deemed criminal by law, the countermeasures of cyber criminals frequently deviate from prescribed bona fide cyber security standards. This book is the first to present a full picture on these deviant security practices, based on unique access to confidential police sources related to some of the world's most serious and organized cyber criminals. The findings of this socio-technical-legal research prove that deviant security is an academic field of study on its own, and will help a non-technical audience to understand cyber security and the challenges of investigating cyber crime.
History, lex lata and Developments de lege ferenda
Author: Kathrin Strobel
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, Strobel 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.
Editor: Dire Tladi
Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions brings together an impressive collection of authors addressing both conceptual issues and challenges relating to peremptory norms of general international. Covered themes in the edited collection include concepts relating to the identification of peremptory norms, consequences of peremptory norms, critiques of peremptory norms, the relationship between peremptory norms and particular areas of international law as well as the peremptory status of particular norms of international law. The contributions are presented from an array of scholars and experts with different perspective, thus providing an interesting mosaic of thoughts on peremptory norms. Written against the backdrop of the ongoing work of the International Law Commission, it exposes some tensions inherent in the jus cogens.
Developing a Contextualized Approach to Address Recurring Problems in the Context of Facts and Evidence
Author: Torsten Stirner
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 as well as the UN Human Rights Committee. It 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 a foundation in the contextualization premise and offers solutions for recurring 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.
Author: Nathalie Rébé
In Artificial Intelligence: Robot Law, Policy and Ethics, Dr. Nathalie Rébé discusses the legal and contemporary issues in relation to creating conscious robots. She 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 work 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?