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Military Ethics

The Dutch Approach - A Practical Guide

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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Punishment and Culture

A Right to Punish?

María José Falcón y Tella and Fernando Falcón y Tella

This volume critically explores the basis and the goal of punishment from the standpoint of the right to punish. Studies and works dedicated to punishment are scarce compared to those dedicated to Crime Theory or some aspect thereof. The book reviews the main doctrines that have dealt with the theme of punishment from Antiquity to the present, not limiting itself to the legal-philosophical sphere but also analyzing the contributions from other social sciences. It then explores how these are reflected in the sphere of Positive Law.
Moving from the most abstract and general to the most concrete and specific, various themes relating to the concept of punishment are distinguished. These themes are not exactly equivalent but are, nevertheless, often confused with one another. They are: Punishment; Punitive Practice; Sentence and Penalty. Of these the third – Sentence, which is almost the least generic concept dealt with, having to do with that area of law which basically constitutes Criminal Law – forms the central part of the work. In this section, via a dual structure, the distinction is made between punishments and deterrents, as the prime types of punitive practice, with a distinct historical tradition, diverse bases and functions, around which different sorts of theories and schools have developed.
The book ends with a series of critical conclusions as to what, in the opinion of the authors, should be a correct conception of punishment.
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The Dynamics of International Criminal Justice

Essays in Honour of Sir Richard May

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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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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 23 covers the period 1 October 2002 to 30 September 2003.
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This book finds its origins in a transatlantic colloquium held in the European Parliament in Brussels in May 2002. After an introductory overview of the US and European responses to 9/11 it addresses the main legal aspects of the fight against international terrorism, namely police and judicial cooperation (including mutual legal assistance, extradition and the role of entities like Europol and Eurojust), financial initiatives (e.g. by the UN Security Council, the FATF and the EU), human rights and rule of law issues (such as trial by military commissions, detention of alleged unlawful combatants and others, state of emergency derogations, due process, the death penalty and privacy) and international law aspects (inter alia self-defence, the application of international humanitarian law, prisoner of war status, the role of the UN, in particular the Security Council, sanctions and the negotiations on a comprehensive convention on combating terrorism). Each topic is considered from a US and from a European perspective.
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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

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

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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Chris Ingelse