The Right to Be Present at Trial in International Criminal Law Caleb H. Wheeler analyses what it means for the accused to be present during international criminal trials and how that meaning has changed. This book also examines the impact that absence from trial can have on the fair trial rights of the accused and whether those rights can be upheld outside of the accused’s presence. Using primary and secondary sources, Caleb Wheeler has identified four different categories of absence and how each affects the right to be present. This permits a more nuanced understanding of how the right to be present is understood in international criminal law and how it may develop in the future.
Professor Roger Stenson Clark has played a pivotal role in developing International Criminal Law, and the movement against nuclear weapons. He was one of the intellectual and moral fathers of the International Criminal Court. This
Festschrift brings together forty-one appreciative friends to honour his remarkable contribution. The distinguished contributors provide incisive contributions ranging from the reform of the Security Council, to rule of law and international justice in Africa, to New Zealand cultural heritage, to customary international law in US courts, and more. Threaded through these richly diverse contributions is one common feature: a belief in values and morality in human conduct, and a passion for transformative use of law, ‘for the sake of present and future generations.’
This book is an updated and expanded version of the General Course delivered by the author at the Hague Academy of International Law in 2002. The book chronicles and evaluates the intellectual movement known as “the revolution” in American private international law. This movement began in the 1960s, caught fire in the ‘70s, spread in the ‘80s and declared victory in the ‘90s, leading to the abandonment of the centuries-old choice-of-law system, at least for torts and contracts. This book:
• explores the revolution’s philosophical and methodological underpinnings;
• provides the most comprehensive and systematic analysis of court decisions following the revolution;
• identifies the revolution’s successes and failures; and
• proposes ways and means (including a new breed of “smart” choice-of-law rules) to turn the revolution’s victory into success.
This book is a record of the international symposium held at the Kyoto International Conference Hall to mark the centennial of the Japanese Association of International Law. The purpose of the symposium was to reflect on past Japanese practice, to analyze current problems affecting Japan, and to seek to clarify the future role of Japan in the global community, in terms of international law.
After joining the international community in the middle of the nineteenth century, Japan adopted a policy of wealth creation and armament in order to maintain its independence against the expanding Western States. At the same time, on the domestic scene, Japan vigorously promoted the modernization - Westernization - of its political, economic, and social institutions. Japan emerged as one of the victorious `Principal Allied and Associated Powers' in World War I, and started asserting its place in the international order. However, in the aftermath of the Great Depression, Japan failed to reach agreement with the international community, eventually left the League of Nations, invaded the Asian continent, and met with complete military defeat in World War II. In the subsequent years, Japan toiled to rebuild its economy and to rejoin the world community, but despite its miraculous economic recovery and expansion, Japan remains ambivalent in its policy of contributing to the maintenance of international peace and security.
During these one and a half centuries the Japanese practice of international law has covered a wide range of fields. From these various fields, the symposium took up three specific topics: War and Peace, Economy, and Human Rights, because of their relevance to past Japanese practice and because future Japanese practice in these areas would be bound to affect international law in the coming century. In addition, the symposium discussed Japanese transactions, in general, with international law.
The period covered by the symposium has witnessed many drastic changes in the world, and international law, which used to be applied almost exclusively to relations among the Western States, has now come to be applied universally. The Association wished to emphasize that an analysis of Japanese practice should be of significance for anyone interested in promoting and consolidating the rule of law in the world community at large.
Since the early twentieth century the resident embassy has been supposed to be living on borrowed time. By means of an exhaustive historical account of the contribution of the British Embassy in Turkey to Britain’s diplomatic relationship with that state, this book shows this to be false. Part A analyses the evolution of the embassy as a working unit up to the First World War: the buildings, diplomats, dragomans, consular network, and communications. Part B examines how, without any radical changes except in its communications, it successfully met the heavy demands made on it in the following century, for example by playing a key role in a multitude of bilateral negotiations and providing cover to secret agents and drugs liaison officers.
This book presents the view that human dignity and human rights need to be brought to the centre of the current debate on globalisation. Indeed, whereas human dignity is the core and the foundation of human rights, it is through the implementation of rights that dignity is protected.
The contributors to this volume belong to different (inter)national networks in the field of human rights. All were present at the World Social Forum in Porto Alegre and all are committed to the implementation of economic, social and cultural rights. Their contributions capture the dynamism and richness of the dialogues. Fundamental and operational issues are taken up, global alternatives and practical recommendations are presented.
Co-publication with Intersentia and the Asser Press
Published under the Transnational Publishers imprint.
This volume contains the papers which were presented at a symposium on human rights, held in September 1994 in Beijing and organized within the framework of an academic programme of co-operation between the Chinese Academy of Social Sciences and the Royal Netherlands Academy of Sciences. The focal point of most of the papers is the Vienna Declaration and Programme of Action - adopted during the 1993 Vienna World Conference on Human Rights - which, from the perspective of particularly the Chinese participants, is considered as marking a new beginning in the field of human rights. Taking the Vienna Declaration and Programme of Action as a point of departure the following main themes were the subject of discussion at the symposium and are more or less similarly reflected in the present volume: universality
versus particularity; individual rights
versus collective rights; national sovereignty and matters of international concern; ratification of international treaties.
The aim of this unique volume is twofold. First and foremost, it sets out to offer the reader a comprehensive and challenging view, from some of the most distinguished scholars in the field, of present and future trends and issues in the fields of international air and space law.
By breaking new ground in this way, it pays tribute to the scholarly achievements of Henri (Or) Wassenbergh, whose ideas and work have helped to shape both air and space law throughout his long and distinguished career.
Air and Space Law: De Lege Ferenda will be of interest to all those concerned with the present status of air and space law, and with the challenges the aviation and space industry must face in the century to come.