Conflicts Of Jurisdiction In Cross Border Crime Situations
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Conflicts Of Jurisdiction In Cross Border Crime Situations
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Author : Arndt Sinn
language : de
Publisher: V&R unipress GmbH
Release Date : 2012
Conflicts Of Jurisdiction In Cross Border Crime Situations written by Arndt Sinn and has been published by V&R unipress GmbH this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Criminal justice, Administration of categories.
One Country Two Systems
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Author : Kam C. Wong
language : en
Publisher: Routledge
Release Date : 2017-07-28
One Country Two Systems written by Kam C. Wong and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-28 with Law categories.
The legal issues evoked by cross-border crime in Hong Kong and China are sparse and what does exist is mostly in Chinese. This book provides the first systematic, comprehensive, and in-depth analysis of how Chinese, British, Hong Kong, and international law were applied in the Big Spender case. Kam C. Wong outlines the respective positions of various parties to the dispute. Part of the case's fascination involves competing interests, and that political clout counted for more than legal theory.Big Spender may be little known outside Hong Kong and China, but he made history there. It was the first time a Hong Kong legal resident had been prosecuted, tried, and ultimately executed in China for acts largely perpetrated in Hong Kong. The case tested the limits of the one-country, two-systems approach under which Hong Kong and China coexist. It also forced politicians, government officials, and the public in both Hong Kong and China to come to terms with the legal and policy issues related to cross-border crime.Wong sees the Big Spender case as making clear the dire need for both sides to find workable solutions to concurrent jurisdiction, police cooperation, and judicial assistance. Until there is an acceptable arrangement governing the rendition of offenders between Hong Kong and mainland China, the one- country, two-systems formula cannot be stabilized. This is a case study in large-scale terms.
Jurisdiktionskonflikte Bei Grenzuberschreitender Kriminalitat Conflicts Of Jurisdiction In Cross Border Crime Situations
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Author : Arndt Sinn
language : de
Publisher: Vandenhoeck & Ruprecht
Release Date : 2012-05-15
Jurisdiktionskonflikte Bei Grenzuberschreitender Kriminalitat Conflicts Of Jurisdiction In Cross Border Crime Situations written by Arndt Sinn and has been published by Vandenhoeck & Ruprecht this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-15 with Law categories.
English summary: Conflicts of jurisdiction arise when several states, in accordance with their respective national criminal laws, claim jurisdictional power for themselves to try a suspect for one and the same crime. The cumulation of national jurisdictional powers puts a suspect at the risk of prosecution by several states or even multiple penalisation for the same offense. Parallel prosecution in several states can lead to a conflict-ridden race for the first court decision (following the first come first served principle). Such uncoordinated rivalry between several national jurisdictional powers harbours the potential for inter-state conflict that should be avoided, not least in an area of freedom, security and justice. The proposals presented in this volume for solving conflicts of jurisdiction were developed by the European Working Group, a group of international researchers, together with the ZEIS*, over a period of two years. German description: Kompetenzkonflikte (= Jurisdiktions- bzw. Strafgewaltkonflikte) resultieren daraus, dass mehrere Staaten nach Massgabe ihres nationalen Strafanwendungsrechts hinsichtlich derselben Tat eines Taters die Strafgewalt fur sich beanspruchen. Die Kumulation nationaler Strafgewalten setzt die verdachtige Person dem Risiko aus, von mehreren Staaten wegen derselben Tat strafrechtlich verfolgt oder sogar mehrfach bestraft zu werden. Eine parallele Strafverfolgung in mehreren Staaten kann zu einem konflikttrachtigen Wettlauf um die Erstentscheidung fuhren (Wer zuerst kommt, mahlt zuerst). Die unkoordinierte Konkurrenz mehrerer nationaler Strafgewalten birgt ein zwischenstaatliches Konfliktpotential, das es nicht nur in einem Raum der Freiheit, der Sicherheit und des Rechts zu vermeiden gilt. Die in diesem Band unterbreiteten Vorschlage zur Losung von Jurisdiktionskonflikten hat der Europaische Arbeitskreis, eine international zusammengesetzte Forschergruppe, in zwei Jahren erarbeitet.
International Transnational Criminal Law
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Author : Robert John Currie
language : en
Publisher:
Release Date : 2010
International Transnational Criminal Law written by Robert John Currie and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
However, as it is part of the "Essentials of Canadian Law" series, a major goal of the book is to explore fully the nexus between these bodies of international law and Canadian domestic law--and help Canadian courts and lawyers engage successfully with the international aspects of the cases they work on. Accordingly, the book contains: a stand-alone chapter on the prosecution of international crimes before Canadian courts; a detailed examination of how the various transnational crime treaties are implemented in Canadian law; and a full chapter on Canadian extradition and mutual legal assistance law and practice.
Choice Of Forum In Cooperation Against Eu Financial Crime
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Author : Michiel Luchtman
language : en
Publisher:
Release Date : 2013
Choice Of Forum In Cooperation Against Eu Financial Crime written by Michiel Luchtman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Commercial crimes categories.
The European Union is increasingly engaged in criminal justice. In cross-border criminal cases, the decision on which a state will commence investigations and bring cases to trial (choice of forum) is made after horizontal mutual consultation and/or with the help of European institutions, agencies, and networks. At present, there is no clear framework for choice of forum. Law enforcement agencies consequently enjoy a great deal of discretion. This may lead to negative conflicts of jurisdiction in which no Member State takes action. It may also adversely affect the principle of mutual recognition and facilitate forum shopping by defendants and/or state authorities. This book helps to define the interests at stake and to establish the legal parameters within which choice of forum should take place, thus contributing to the further development of this fascinating area of law. (Series: Willem Pompe Instituut - Vol. 71)
International Criminal Law Transnational Criminal Organizations And Transitional Justice
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Author : Héctor Olásolo
language : en
Publisher:
Release Date : 2018
International Criminal Law Transnational Criminal Organizations And Transitional Justice written by Héctor Olásolo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Criminal procedure (International law). categories.
Foundations of international criminal law -- Definition, protected values and goals of international criminal law -- Definition and protected values -- Goals -- Historical evolution of international criminal law -- 3 normative hierarchy of the norms prohibiting international crimes -- A jurisprudence of international and hybrid criminal tribunals -- General comments and concluding observations of the human rights committee : the situations in Spain and Northern Ireland -- Jurisprudence of the Inter- American Court of Human Rights -- Jurisprudence of the International Court of Justice and the European Court of Human Rights -- Final Remarks -- The scope of criminal proceedings for International crimes since the end of the Cold War -- The scope of criminal proceedings in international and hybrid criminal tribunals -- The scope of criminal proceeding in the international criminal tribunals for the former Yugoslavia and Rwanda -- The scope of criminal proceedings in the International Criminal Court -- The scope of criminal proceedings in hybrid criminal tribunals -- Final Remarks -- The scope of criminal proceedings for international crimes in national jurisdictions -- The long struggle for the investigation and prosecution of international crimes committed in Argentina by the military dictatorship (1976-1983) -- The crimes : 1976-1983 -- The long struggle for the investigation and prosecution of international crimes in Argentina : 1983-2005 -- Criminal proceedings since 2005 -- The scope of criminal proceedings for international crimes in national jurisdictions of territorial states -- The scope of criminal proceedings for international crimes in foreign national jurisdictions acting under the principle of universal jurisdiction -- International criminal law and transnational criminal organizations -- How do transnational criminal organizations operate? -- Introduction to the phenomenon of transnational crime -- Transnational criminal organizations -- Mexican drug cartels and their structural connexion with public authorities -- Colombian bacrims -- Final remarks : the situation of the Japanese Yakuza -- Is international criminal law an appropriate mechanism to deal with transnational criminal organizations? -- Initial approach to the problem -- The distinct nature of transnational criminal law and international criminal law -- Do some of the most serious acts of violence by transnational criminal organizations constitute crimes against humanity and thus legitimize an international criminal law response? -- International criminal law and transitional justice -- Definition and scope of transitional justice : should it be applied to situations of large scale violence by transnational criminal organizations? special attention to the situation in Mexico -- Historical precedents -- Definition -- The scope of transitional justice : should transitional justice be applied to situations of large scale violence by transnational criminal organizations like in Mexico? -- The tension between criminal proceedings for international crimes and truth commissions as central elements of a liberal approach to transitional justice -- Introduction to a liberal approach to transitional justice -- Initial approach to the tension between criminal proceedings and truth commissions : the reactions to the 2 October 2016 referendum on the peace agreement between the Colombian government and the FARC -- Strengths and weaknesses of criminal proceedings for international crimes -- Strengths and weaknesses of truth commissions -- The treatment of structural violence by truth commissions : the armed conflict in Colombia as a paradigmatic example of structural violence and concerns about the mandate of the commission for the clarification of truth, coexistence, and non- repetition in Colombia -- The tension between furthering truth recovery and protecting political commitment : the cases of Northern Ireland and Spain -- Is it possible to articulate truth commissions and criminal proceedings for international crimes to overcome their respective limitations? -- From a social- democratic approach to transitional justice to the contributions of critical theories -- Introduction to a social-democratic approach to transitional justice -- The tension between individual and collective elements of reparation programs -- The notion of superficial transition -- The main issues of transitional justice : when, how, and why -- The relationship between transitional justice and development : particular attention to the UN millennium development goals -- Final Remarks -- From the 1984 Naval Club Agreement in Uruguay to the 2016 Colon Theatre Peace Agreement in Colombia -- Uruguay -- The crimes : (1973-1985) -- The transitional process -- The criminal proceedings -- Final remarks -- Colombia -- The various transitional justice systems set Up in Colombia in the last decade -- The 24 November 2016 Peace Agreement between the Colombian government and the FARC -- The main elements of the Colombian integrated system of truth, justice, reparation, and non- repetition -- Final Remarks -- How should the normative dilemma posed by the overlapping scopes of application of international criminal law and transitional justice be addressed? -- The fragmentation of international law -- The normative dilemma posed by the overlapping scopes of application of international criminal law and transitional justice -- Can the adoption of transitional justice mechanisms that do not comply with the legal regime of international crimes be the solution to the normative dilemma? particular attention to the special jurisdiction for peace in Colombia -- Final Remarks
Transnational Evidence And Multicultural Inquiries In Europe
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Author : Stefano Ruggeri
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-12-12
Transnational Evidence And Multicultural Inquiries In Europe written by Stefano Ruggeri and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-12 with Law categories.
This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system. The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.
Human Rights In European Criminal Law
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Author : Stefano Ruggeri
language : en
Publisher: Springer
Release Date : 2015-01-02
Human Rights In European Criminal Law written by Stefano Ruggeri and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-02 with Law categories.
This book deals with human rights in European criminal law after the Lisbon Treaty. Doubtless the Lisbon Treaty has constituted a milestone in the development of European criminal justice. Not only has the reform following the Treaty given binding force to the EU Charter of Fundamental Rights, but furthermore it has paved the way for unprecedented forms of supranational legislation. In this scenario, the enforcement of individual rights in criminal matters has become a core goal of EU legislation. Alongside these developments, new interactions between national and supranational jurisprudences have emerged, which have significantly contributed to a human rights-oriented approach to European criminal law. The book analyses the main developments of this complex phenomenon from an interdisciplinary perspective. Criminal and procedural law, constitutional law and comparative law must thus be combined to achieve a full understanding of these developments and of their impact on national law.
Regulating Corporate Criminal Liability
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Author : Dominik Brodowski
language : en
Publisher: Springer
Release Date : 2014-06-30
Regulating Corporate Criminal Liability written by Dominik Brodowski and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-30 with Law categories.
Corporate Criminal Liability is on the rise worldwide: More and more legal systems now include genuinely criminal sanctioning for legal entities. The various regulatory options available to national criminal justice systems, their implications and their constitutional, economic and psychological parameters are key questions addressed in this volume. Specific emphasis is put on procedural questions relating to corporate criminal liability, on alternative sanctions such as blacklisting of corporations, on common corporate crimes and on questions of transnational criminal justice.
Protecting Animals Within And Across Borders
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Author : Charlotte E. Blattner
language : en
Publisher: Oxford University Press
Release Date : 2019
Protecting Animals Within And Across Borders written by Charlotte E. Blattner and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
based on author's thesis (doctoral - Universitèat Basel, 2016) issued under title: The extraterritorial protection of animals: admissibility and possibilities of the application of national animal welfare standards to animals in foreign countries.