State Sovereignty and International Criminal Law
Title | State Sovereignty and International Criminal Law PDF eBook |
Author | Morten Bergsmo |
Publisher | Torkel Opsahl Academic EPublisher |
Pages | 300 |
Release | 2012-11-19 |
Genre | Law |
ISBN | 829308135X |
'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.
The Right to Development: Obligations of States and the Rights of Minorities and Indigenous Peoples
Title | The Right to Development: Obligations of States and the Rights of Minorities and Indigenous Peoples PDF eBook |
Author | Margot E. Salomon |
Publisher | Minority Rights Group |
Pages | 76 |
Release | 2003-02-10 |
Genre | Social Science |
ISBN | 1897693990 |
The United Nations adopted the Declaration on the Right to Development in 1986. The Declaration recognizes that development is an inalienable human right, and describes development as a comprehensive process leading to the well-being of all people. All states are called upon to cooperate internationally and work nationally to ensure that this comprehensive process in which all human rights can be realized is undertaken without discrimination, and that all people may participate fully and equally in this process. This paper provides an elaboration of the content of the right to development by drawing on international law. It addresses the obligations of states, particularly with regard to international cooperation, and considers the application of obligations of conduct, as well as those of result, in giving this right meaning. This paper also details the rights of minorities and indigenous peoples and how they relate to the right to development. The creation of conditions that enable a state to develop will not necessarily lead to the realization of the right to development by the individuals within that state. Traditionally marginalized groups – notably, minorities and indigenous peoples – may not benefit from this development or may be harmed by it. Even where the right to development is being realized by the majority, the rights of minorities and indigenous peoples could be violated if the process undertaken does not take account of their rights. The authors discuss the need to have in place the standards to ensure that the protection and promotion of minority and indigenous rights are fully integrated into policies designed to fulfil the right to development. Written in cooperation with the UN Independent Expert on the right to development, this work builds on his contribution to the mandated objectives of the inter-state UN Working Group on the Right to Development. It provides an important contribution to the scope of rights and obligations in this area, and the implications that stem from them, particularly for minorities and indigenous peoples.
Essays on the Rome Statute of the International Criminal Court
Title | Essays on the Rome Statute of the International Criminal Court PDF eBook |
Author | Flavia Lattanzi |
Publisher | © Editrice il Sirente |
Pages | 370 |
Release | 1999 |
Genre | Law |
ISBN | 8887847029 |
An Introduction to International Criminal Law and Procedure
Title | An Introduction to International Criminal Law and Procedure PDF eBook |
Author | Robert Cryer |
Publisher | Cambridge University Press |
Pages | 685 |
Release | 2010-05-27 |
Genre | Law |
ISBN | 0521135818 |
This market-leading textbook gives an authoritative account of international criminal law, and the investigation and prosecution of crime, and guides the reader through controversies with an accessible and sophisticated approach. Now covers developments in the ICC, victims' rights, alternatives to international criminal justice, and has extended coverage of terrorism.
Development as a Human Right
Title | Development as a Human Right PDF eBook |
Author | Bård-Anders Andreassen |
Publisher | Intersentia NV |
Pages | 454 |
Release | 2010 |
Genre | Business & Economics |
ISBN |
Bsrd A. Andreassen is Professor at the Norwegian Center for Human Rights and Director of Research (human rights and development) at the Law Faculty, University of Oslo. --
The Right to Development in International Law
Title | The Right to Development in International Law PDF eBook |
Author | Subrata Roy Chowdhury |
Publisher | BRILL |
Pages | 441 |
Release | 2023-11-27 |
Genre | Law |
ISBN | 9004637680 |
The chapters in this volume are based on the papers that were presented at the Calcutta seminar organized in March 1992 by the ILA Committee on Lehal Aspects of a New International Economic Order (NIEO). The conference focused on the right to development, in particular its ideas and ideology, human rights aspects and implementation in specific areas of international law. The volume is accordingly organized in three parts. The chapters cover a vast area of subjects, derived from the UN Declaration of the Right to Development. From the developed and underdeveloped world 33 authors discuss topics including: contents, scope and implementation of the right to development; human rights of individuals and peoples; co-operation between the European Community and the Lomé IV states; current developments in investments treaties; refugee protection; development and democracy; concept of sustainable development; environmental issues; protection of intellectual property; transfer of technology; human rights in international financial institutions; and the legal conceptualization of the debt crisis. Professor Oscar Schachter observes in the first chapter that the Declaration continues to be a `challenging subject for legal commentary' for its `detable legal status, its combination of collective and individual rights, its expansive conception of development and its equivocal obligation'. Apart from support, doubts about the concept to the right to development may also be found in this volume.
Global Responsibility for Human Rights
Title | Global Responsibility for Human Rights PDF eBook |
Author | Margot E. Salomon |
Publisher | Oxford University Press, USA |
Pages | 296 |
Release | 2007 |
Genre | Law |
ISBN |
This text considers the issues of world poverty and global justice, addressing the ability of people in poor or developing countries to have enough food, or clean water, or access to basic healthcare. It draws on international law aimed at the protection and promotion of human rights.