Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege - Image 1

Price loading...

Springer Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege

Name: Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege
Brand: Springer

International

Price History & Forecast

No Price Data Available

Price history will appear here once data is collected from Amazon.

Price Distribution

No price data available for histogram

Description

This study analyzes the methods used by international criminal tribunals when determining customary international criminal law and to consider the compatibility of these approaches with the nullum crimen sine lege principle. In this context, the following research questions are of particular importance: Is there one approach common to all international criminal tribunals, or can different approaches be detected in their jurisprudence when determining customary international law? Do international criminal tribunals regard both traditional elements of customary international law – State practice and opinio iuris – as necessary elements for the establishment of customary international law? Do international criminal tribunals argue along the lines of the International Court of Justice (ICJ), requiring a high frequency and consistency of State practice that is both “extensive and virtually uniform”?In addition, the book analyzes the evidence used by international criminal tribunals in order to establish the constituent elements of customary international. It then poses the question: Do international criminal tribunals distinguish, as defined by Schwarzenberger, between the “law-creating processes” of public international law on the one hand, and the “law-determining agencies” as a subsidiary means of determining rule of law on the other?Assuming that they exist, how can different methodological approaches to determine customary international law be assessed in light of the nullum crimen sine lege principle? Does the principle require judges to apply the traditional method to establish customary international law as being based on extensive, uniform and enduring State practice accompanied by opinio iuris? Can the principle balance the desire for justice and the specificities of law creation of the international legal order with fairness for the accused? How can the law be accessible and criminal punishment foreseeable, when the underlying legal basis for criminal convictions, namely customary international criminal law, is unwritten in nature?

Product Specifications

Brand: Springer
Format: Hardcover
ASIN: 3319644769
Category: Books > Subjects > Business, Finance & Law > Law > International
Domain: Amazon UK
Release Date: 18 September 2017
Listed Since: 27 June 2017

Barcode

No barcode data available

Springer Judicial Practice, Customary International Criminal Law and Nullum Crimen Sine Lege

Price History & Forecast

No Price Data Available

Price Distribution

Description

Product Specifications

Barcode

Similar Products You Might Like

The State Immunity Controversy in International Law: Private Suits Against Sovereign States in Domestic Courts

General Principles of Law in the Decisions of International Criminal Courts and Tribunals

Legality in Europe: On the Principle Nullum Crimen, Nulla Poena Sine Lege in Eu Law and Under the Echr

The Law and Practice of the International Criminal Court

Individual Criminal Responsibility for Core International Crimes: Selected Pertinent Issues

Individual Criminal Responsibility for Core International Crimes: Selected Pertinent Issues

Routledge - Customary International Law Interpretation Book

The Rule of Unwritten International Law: Customary Law, General Principles, and World Order (Routledge Research in International Law)

The Prosecution of International Crimes: A Critical Study of the International Tribunal for the Former Yugoslavia

International Criminal Investigations: Law and Practice

Judging Criminal Leaders: The Slow Erosion of Impunity: 55 (Nijhoff Law Specials, 55)

Principles of International Criminal Law: 2nd Edition

International Justice and the International Criminal Court: Between Sovereignty and the Rule of Law (Oxford Monographs in International Law)

Springer - The Execution of Illegal Orders and Law Book

The Relationship Between State and Individual Responsibility for International Crimes

Treatment of Foreign Law - Dynamics towards Convergence?: 26 (Ius Comparatum - Global Studies in Comparative Law, 26)

Treatment of Foreign Law - Dynamics towards Convergence?: 26 (Ius Comparatum - Global Studies in Comparative Law, 26)

Intersections of Law and Culture at the International Criminal Court

The International Criminal Court in Search of its Purpose and Identity (Routledge Research in International Law)

International Criminal Law: International Criminal Justice and Its Context / Substantive Law / International Institutions and Procedure - Section 1 ... and Alternatives (Critical Concepts in Law)

T.M.C. Asser Press - Transitional Justice and Mass Atrocity

The Rule of Law in an Era of Change: Responses to Transnational Challenges and Threats (Springer Series on International Justice and Human Rights)

The International Criminal Court in Search of its Purpose and Identity (Routledge Research in International Law)

The Responsibility of States for International Crimes (Oxford Monographs in International Law)