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The Right to Appeal in International Criminal Law

Human Rights Benchmarks, Practice and Appraisal

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Drazan Djukić

In The Right to Appeal in International Criminal Law Dražan Djukić describes appeal proceedings in international criminal law and evaluates them against human rights benchmarks. While international criminal courts and tribunals mainly comply with these benchmarks, they have fallen short in certain important areas.
Despite their importance to the legal process, appeal proceedings tend to receive limited attention. On the basis of benchmarks arising from international human rights law, Dražan Djukić systematically assesses the law and practice concerning appeal proceedings in international criminal law.
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Cultural Heritage in the European Union

A Critical Inquiry into Law and Policy

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Edited by Andrzej Jabukowski, Kristin Hausler and Francesca Fiorentini

Cultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. It brings together experts in their respective fields, including not only legal, but also cultural economists, heritage professionals, government representatives, and historians. The diverse backgrounds of the authors offer a cross-disciplinary approach and a variety of views which allows an in-depth scrutinisation of the latest developments pertaining to cultural heritage in Europe.
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Edited by Luke Glanville and Bina D'Costa

In Children and the Responsibility to Protect, Bina D’Costa and Luke Glanville bring together more than a dozen academics and practitioners from around the world to examine the intersections of the Responsibility to Protect (R2P) principle and the theory and practice of child protection. Contributors consider themes including how the agency and vulnerability of children is represented and how their voices are heard in discussions of R2P and child protection, and the merits of drawing together the R2P and Children and Armed Conflict (CAAC) agendas, as well as case studies of children’s lives in conflict zones, child soldiers, and children born of conflict-related sexual violence.
This collection of essays was first published in the journal Global Responsibility to Protect (vol.10/1-2, 2018) as a special issue.

Contributors are: J. Marshall Beier, Letícia Carvalho, Bina D’Costa, Myriam Denov, Luke Glanville, Michelle Godwin, Erin Goheen Glanville, Cecilia Jacob, Dustin Johnson, Atim Angela Lakor, Katrina Lee-Koo, Ryoko Nakano, Jochen Prantl, Jeremy Shusterman, Hannah Sparwasser Soroka, Timea Spitka, Jana Tabak, Shelly Whitman.
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The World in Movement

Performative Identities and Diasporas

Edited by Alfonso de Toro and Juliane Tauchnitz

This book focuses on one of the main issues of our time in the Humanities and Social Sciences as it analyzes the impact of current global migrations on new forms of living together and the formation of identities and homes. Using a transdisciplinary and transcultural approach the contributions shed fresh light upon key concepts such as ‘ hybrid-performative diaspora’, ‘ transidentities’,‘ hospitality’, ‘ belonging’, ‘ emotion’, ‘ body’ and ‘ desire’. Those concepts are discussed in the context of Cuban, US-American, Maghrebian, Moroccan, Spanish, Catalan, French, Turkish, Jewish, Argentinian, Indian, and Italian literatures, cultures and religions.
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The New Zealand Yearbook of International Law is an annual, internationally refereed publication intended to stand as a reference point for legal materials and critical commentary on issues of international law. The Yearbook also serves as a valuable tool in the determination of trends, state practice and policies in the development of international law in New Zealand, the Pacific region, the Southern Ocean and Antarctica and to generate scholarship in those fields. In this regard the Yearbook contains an annual ‘Year-in-Review’ of developments in international law of particular interest to New Zealand as well as a dedicated section on the South Pacific.

This Yearbook covers the period 1 January 2017 to 31 December 2017.

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National Trials of International Crimes in Bangladesh

Transitional Justice as Reflected in Judgments

M. Rafiqul Islam

In National Trials of International Crimes in Bangladesh, Professor Islam examines the judgments of the trials held under a domestic legislation, which is uniquely distinct from international or hybrid trials of international crimes. The book, falling under international criminal law area, is a ground-breaking original work on the first ever such trials in the ICC era. The author shows how the national law and judgments can act as a conduit to import international law to enrich and harmonise the domestic law of Bangladesh; and whether the Bangladesh experience (a) creates any precedential effect for such trials in the future; (b) offers any lessons for the ICC complementarity; and (c) contributes to the progressive development of Asian and international criminal jurisprudence.
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Emmanuel Roucounas

This rich and remarkable volume offers an overview of the most important schools, movements and trends which make up the theoretical landsacpe of contemporary international law, as well as the works of over 500 authors. It moves beyond generalization and scrutinizeas how the relevant literature deals with the basic issues of the international legal system, such as international obligations, legitimacy, compliance, unity and universality, the rule of law, human rights, use of force and economics. It offers insights into the addressees (the state, international organizations, individuals and other private persons), and the construction of international law, including law-making, the relationship between norms, and interpretation. Moreover, it widens the discourse by addressing old, yet enduring, as well as new concerns about the functioning of the international legal system, and presents views of non-international lawyers and political scientists regarding that system. It is a valuable analysis for researchers, students, and practitioners.
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Edited by Jeremy Gunn, Jeroen Temperman and Malcolm D. Evans

As the tensions involving religion and society increase, the European Court of Human Rights and the Freedom of Religion or Belief is the first systematic analysis of the first twenty-five years of European Court's religion jurisprudence. The Court is one of the most significant institutions confronting the interactions among states, religious groups, minorities, and dissenters. In the 25 years since its first religion case, Kokkinakis v. Greece, the Court has inserted itself squarely into the international human rights debate regarding the freedom of religion or belief. The authors demonstrate the positive contributions and the significant flaws of the Court's jurisprudence involving religion, society, and secularism.
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Tamsin Phillipa Paige

Aside from self-defence, a UN Security Council authorisation under /chapter VII is the only exception to the prohibition on the use of force. Authorisation of the use of force requires the Security Council to first determine whether that situation constitutes a ‘threat to the peace’ under Article 39. The Charter has long been interpreted as placing few bounds around how the Security Council arrives at such determinations. As such commentators have argued that the phrase ‘threat to the peace’ is undefinable in nature and lacking in consistency. Through a critical discourse analysis of the justificatory discourse of the P5 surrounding individual decisions relating to ‘threat to the peace’ (found in the meeting transcripts), this book demonstrates that each P5 member has a consistent definition and understanding of what constitutes a ‘threat to the peace’.
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Judiciary as Constituted Power

European Court History from Medieval Canon Law to ECHR

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Ulrike Juliane Maria Müßig

Throughout Europe, the exercise of justice rests on judicial independence by impartiality. In Judiciary as Constituted Power Ulrike Müßig reveals the combination of ordinary judicial competences with procedural rationality, together with the complementarity of procedural and substantive justice, as the foundation for the ‘rule of law’ in court constitution, far earlier than the advent of liberal constitutionalism. The ECHR fair trial guarantee reads as the historically-grown consensus of the functional judicial independence. Both before historical and contemporary courts, justice is done and seen to be done by means of judgements, whose legal requirements combine the equation of ‘fair’ and ‘legal’ with that of ‘legal’ and ‘rational.’ This legal determinability of the judge’s fair attitude amounts to the specific (rational) European idea of justice.