This book, The fourth in a series prepared by the International Litigation Committee of the IBA's section on Business Law, contains contributions by distinguished lawyers on important aspects of litigation in countries throughout the world. Some 25 individual jurisdictions are addressed, with a special chapter on European Law. Authors from each country cover topics as follows to achieve as thorough a treatment as possible: The Court System; - Motions made or material submitted before the trial starts; Pre-trial orders; Procedures which vary from Court to Court or Judge to Judge; - the role of a Judge; Juries and how they are selected; Role of the lawyers; Witnesses; Explanation and cross-examination; Transcripts, cameras or other recording devices; - Decision by Judge, Written decision, Findings of Fact, Instruction to Jury; Setting aside the verdict - Appeals; - Other special or unusual aspects of trials or hearings. Chapters are presented within major regions: Asia/South Pacific, Europe, South America, North America. The work was originally prepared For The 1990 Biannual meeting of the IBA in New York, and these revised contributions faithfully reflect the considerable expertise brought to bear on the subject.

Contains the trial proceedings of the International Criminal Court, the ICTY and the ICTR in one single volume. This book covers the procedural and evidentiary aspects of the trials before the ICC from the beginning of an investigation until the time the convict has served the sentence and it includes ICTY and ICTR precedents.

The IBA's International Litigation Committee has prepared this work, the fifth in a series, on civil appeal procedures in over 25 jurisdictions. Experienced practitioners in each country provide uniformity of treatment by addressing in turn a number of issues: the system of lower and appellate courts; governing procedures for appeals - timing, interlocutory orders, right to appeal, stay; how appeals are taken; how appeals are conducted; how appeals are decided; and further appeals or review.

This book presents, for the first time, a comprehensive comparison of criminal procedure law -- whether arising from rules or court decisions -- of countries around the world. An overview chapter by editor Craig Bradley is followed by thirteen chapters on a variety of countries, written either by a leading academic from that country or an American with substantial expertise in that country. One focus of the book is, of course, the rules of criminal procedure, beginning with the first encounter of police with a subject, continuing through the trial, and finishing with the post-trial review process. A less obvious goal of the book -- and one that is missing in most such comparative discussions -- is to present what really goes on in each country, regardless of what the formal rules may provide. The combination of authors who are intimately familiar with the procedures of each country, and an editor from outside that country who continually presses the authors to disclose the reality behind the rules, is one of the unique features of the book. Rule enforcement is a particular emphasis of the book. Other topics presented include those of interest to police -- the requirements for both search warrants and warrantless searches; interrogation rules and identification procedures, including lineups; obtainment of blood samples, etc. -- as well as court procedures, including the right to council, pretrial procedures, the trial itself, and the nature and availability of appeals. Criminal Procedure presents a thorough description of comparative criminal law both as written and as practiced. "This is an indispensable resource for law students, attorneys and anyone involved with international law." -- Book News Inc., 2008 "The book is a major accomplishment. It combines ease of reference and overview with providing sufficient information to enable the reader to pursue further studies, should he or she so desire. It deserves a wide readership among international and comparative criminal lawyers. It should be compulsory reading for anyone working in places like ICTY, ICTR, and the future ICC. It might even have a salutary effect on how those bodies treat the legal traditions of countries whose mother tongue is not English or French... The book is excellent." -- International Criminal Law Review, 2001, on the first edition "Imagine in one book a chance to compare France with Germany, the United States with Argentina, Spain with Italy and Argentina, England with Canada. The wealth of detail that is the virtue of the book forces the reviewer to make difficult choices about what to discuss....Bradley's book is filled with delicious discoveries in all areas of the law of criminal procedure." -- The Journal of Criminal Law and Criminology, 2001, on the first edition

"The ambitious aim of the work is to create a guiding framework for international criminal procedural law and practices in the future. As explained by the working groups, the overarching objective of the project is to assist the challenge of delivering fair but also effective trials". -- FOREWORD.

In 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.