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Coexistence, Cooperation and Solidarity (2 vols.)

Liber Amicorum Rüdiger Wolfrum

Edited by Holger P. Hestermeyer, Doris König, Nele Matz-Lück, Volker Röben, Anja Seibert-Fohr, Peter-Tobias Stoll and Silja Vöneky

This Liber Amicorum, dedicated to Judge Rüdiger Wolfrum of the International Tribunal for the Law of the Sea, highlights paradigmatic changes in international law, a body of law which moved during the 20th century from a law of coexistence to one of cooperation and which is now about to reflect notions of solidarity going even beyond cooperative undertakings. This leitmotif of Rüdiger Wolfrum’s academic research and judgeship is represented in a comprehensive collection of essays by eminent scholars and practitioners of international law covering specific aspects of international law, including law of the sea, human rights, international environmental law, international dispute settlement, peace and security, global governance and domestic law. With its multifaceted and comprehensive overview of the evolution of international law in recent years and detailed study of current challenges this collection is a unique source of insight for all those interested in this fascinating field of law.
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Military Ethics

The Dutch Approach - A Practical Guide

Edited by Th.A van Baarda and D.E.M. Verweij

This collection is a unique joint venture of teachers in, and practitioners of military ethics. Representatives of each branch of the Armed Forces, i.e. the Navy, the Army, the Air Force and the Military Police, discuss their branch-specific experiences with moral questions and dilemma’s. The moral questions and dilemma’s which arise in their work are also discussed by certain professional groups within the Armed Forces, such as the Military Medical Service and the Military Psychological Service. Detailed attention is given to how junior commanders can enhance morally responsible behaviour within their unit. A substantial part of the book focuses on teaching military ethics. It includes the Socratic dialogue, decision-making skills, and a chapter containing fictitious moral dilemmas that can be used as exercises.

The book is aimed at those responsible for training at military training centres as well as at cadets, midshipmen and young officers. It will also be an important tool for commanders preparing for a mission. And it will be of use for all those concerned with the subject of military ethics at policy and management level, both in the armed forces and outside it.

Military Ethics: The Dutch Approach – A Practical Guide is an adapted translation of the main chapters of the Dutch-language volume Praktijkboek Militaire Ethiek (Practitioner's Guide Military Ethics).
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The Dynamics of International Criminal Justice

Essays in Honour of Sir Richard May


Edited by Hirad Abtahi and Gideon Boas

This book is dedicated to the memory of Sir Richard May, who passed away on 1 July 2004, and to the rich legacy he has left behind in the area of international criminal law. It contains in-depth analyses of a range of issues critical to the development and understanding of international criminal law, written by contributors who worked in some way with Sir Richard during his tenure at the ICTY, particularly during his last years as Presiding Judge of the Milošević Trial. It contains a Foreword by the President of the ICTY, Theodor Meron, and substantive work in three main parts: one chapter concerning the development and understanding of human rights; five chapters addressing international criminal law issues in the context of ICTY proceedings; and two chapters focusing on substantive aspects of international criminal law. All the chapters analyse international criminal law as applied by the ICTY, as well as the ICC, ICTR and other international or hybrid criminal tribunals, and are all authored by persons in a position to give great insight into the subject matter discussed.
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Edited by Alan Gladstone, Benjamin Aaron, Tore Sigeman, Jean-Maurice Verdier, Lord Wedderburn of Charlton, Manfred Weiss and Zvi H. Bar-Niv

The International Labour Law Reports is a series of annual publications of labour law judgements by the highest courts in a number of jurisdictions. ILLR is intended primarily for the use of judges, labour law practitioners, industrial relations specialists and students who need or desire ready access to authoritative information of a comparative nature on problems arising in the field of labour law and industrial relations.
Each judgement reprinted in ILLR is accompanied by Headnotes and in practically all cases by an Annotation which sets forth, among other things, the legal issues involved, the basic facts of the case (if not included in the judgement itself), the relevant statutory provisions and judicial precedents, the labour law and industrial relations context in which the case arose and the significance of the judgement in the development of the law. As a rule, judgements are printed in extenso; editorial discretion has been relied upon to delete or to summarize portions of judgements that are purely technical or only of marginal interest.
Volume 22 covers the period 1 October 2001 to 30 September 2002.
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Human Rights and Criminal Justice for the Downtrodden

Essays in Honour of Asbjørn Eide

Edited by Morten Bergsmo

This book contains essays by leading international experts in the areas of international criminal law and international human rights law. Part One of the book contains eight essays in international criminal law, covering issues such as the crime of aggression; terrorism and the Statute of the International Criminal Court; the evolution of the law on crimes against humanity and genocide; the doctrine of universal jurisdiction; and the relationship between international human rights and international criminal law jurisprudence. Part Two has eight essays on economic, social and cultural rights, covering inter alia the right to development; genetic resources for food and agriculture; the right to food (also in armed conflict); the definition of cultural rights; and business and human rights. Part Three has six essays on minority rights dealing with issues such as the role of the Working Group on Minorities; the Hague, Oslo and Lund recommendations regarding minority questions; the protection of kin-minorities; and the situation of the Greenlanders. Part Four has fourteen essays on human rights issues such as citizenship and human rights; human rights law, the environment and indigenous peoples; the role of human rights institutions; leadership in the human rights movement; the sources of fundamental rights in the European Union; and human rights and traditional practices. The book also contains a comprehensive bibliography of Asbjørn Eide.
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The African Charter of Human and Peoples' Rights

A Comprehensive Agenda for Human Dignity and Sustainable Democracy in Africa

Fatsah Ouguergouz

This work reveals the true dimension of the African Charter through a systematic analysis of its real or apparent innovations and a detailed assessment of the commitments of the States parties. It also analyzes the effectiveness of the mechanism put in place to monitor compliance with those commitments, examining the practice of the African Commission on Human and Peoples’ Rights from its establishment in 1987. It incorporates major recent achievements in the field of the protection of human rights in Africa, including the creation of the African Court of Human and Peoples’ Rights and the establishment of the African Union.
This work is the expanded and updated English version of La Charte africaine des droits de l’homme et des peuples – Une approche juridique des droits de l’homme entre tradition et modernité (Presses Universitaires de France, Paris).
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Rights and Duties of Dual Nationals

Evolution and Prospects

Edited by David A. Martin and Kay Hailbronner

The increased emergence of dual and multiple nationality in our globalized world has recently led to public and scholarly debates on a number of resulting practical questions. This book comprehensively evaluates the legal status of dual nationals on the basis of a comparative analysis, with emphasis on practice and law in the United States of America, the Federal Republic of Germany, Turkey and other selected countries, comprising contributions of both academics and practitioners. Among the legal subjects examined more intensively are the exercise of political rights by dual nationals, including voting and office holding, performance of military service, loss and withdrawal of citizenship, and effects of dual nationality on judicial cooperation, as well as aspects of private international law. The authors pay attention to developmental trends and legal changes in various countries, and also to the philosophical and theoretical perspectives underlying various practices. Specific recommendations for states dealing with dual nationality complete the investigation.
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Geert-Jan Knoops

This innovative book provides an incisive, knowledgeable and comprehensive study of the promises and limitations of the emerging phenomenon of surrender of individuals to international criminal courts, such as the International Criminal Court of the Former Yugoslavia (ICTY), the International Criminal Court of Rwanda (ICTR), and the International Criminal Court (ICC). It is the first study on this area.
The author analyses the distinctions and similarities with international extradition norms and persuasively establishes the international legal confinements of the surrender concept and the role of states and NATO-forces within this concept. In developing an international uniform framework for the surrender of individuals to international criminal courts, the author meticulously examines the Statutes of the ICTY, ICTR and ICC as well as their case law on this subject in conjunction with that of the European Court of Human Rights.

Published under the Transnational Publishers imprint.
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Chris Ingelse

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Geert-Jan Knoops

In an area of law so thoroughly politicized, culturally freighted and passionately punitive, there is need for an extraordinary measure of protection for the accused if we are to pay more than lip service to justice.
Defenses in Contemporary International Criminal Law ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court.

Dr. Knoops' conceptual reach not only includes the defenses recognized in the field's jurisprudence and scholarship (superior orders, duress, self-defense, insanity, necessity, immunity of States) but also presents a strong case for the incorporation of genetic and neurobiological data into the working assets of the international criminal defense attorney.

Published under the Transnational Publishers imprint.