Defence Rights
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The Inherent Right Of Self Defence In International Law
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Author : Murray Colin Alder
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-09-22
The Inherent Right Of Self Defence In International Law written by Murray Colin Alder 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 2012-09-22 with Law categories.
Determining the earliest point in time at which international law authorises a state to exercise its inherent right of self-defence is an issue which has been debated, but unsatisfactorily reasoned, by scholars and states since the 1960’s. Yet it remains arguably the most pressing question of law that faces the international community. This book unravels the legal and factual complications which have obscured the answer to this question. In contrast to most other works, it takes an historic approach by tracing the evolution of the rights, rules and principles of international law which have governed the use of force by states since the 16th century. Its emphasis on self-defence provides the reader with a new and complete understanding of how and why the international legal framework limits defensive force to repelling an imminent threat or use of offensive force which is directed at the territory of a state. Taking an historic approach enables this book to resurrect an understanding of the human defensive instinct which has guided the formation of the international law of self-defence. It also explains the true legal nature and scope of the inherent right of self-defence, of anticipatory self-defence and provides a definition of the legal commencement of an armed attack for the purpose of Article 51 of the Charter. Finally, the reader will receive a unique source of research materials and analysis of state practice and of scholarly works concerning self-defence and the use of force since the 16th century, which is suitable for all readers of international law around the world.
Effective Defence Rights In Criminal Proceedings A European And Comparative Study On Judicial
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Author : Silvia Allegrezza
language : en
Publisher:
Release Date : 2018
Effective Defence Rights In Criminal Proceedings A European And Comparative Study On Judicial written by Silvia Allegrezza and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
Effective Criminal Defence In Europe
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Author : Ed Cape
language : en
Publisher: Intersentia NV
Release Date : 2010
Effective Criminal Defence In Europe written by Ed Cape and has been published by Intersentia NV this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Every year, millions of people across Europe - innocent and guilty - are arrested and detained by the police. For some, their cases go no further than the police station, but many others eventually appear before a court. Many will spend time in custody both before and following trial. Initial attempts by the European Union to establish minimum procedural rights for suspects and defendants failed in 2007, in the face of opposition by a number of Member States who argued that the European Court of Human Rights (ECHR) rendered EU regulation unnecessary. However, with ratification of the Lisbon Treaty, criminal defense rights are again on the agenda. Based on a three year research study, this book explores and compares access to effective defense in criminal proceedings across nine European jurisdictions (Belgium, England/Wales, Finland, France, Germany, Hungary, Italy, Poland, and Turkey) that constitute examples of the three major legal traditions in Europe: inquisitorial, adversarial, a
Defence Rights
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Author : Gert Vermeulen
language : en
Publisher: Maklu
Release Date : 2012
Defence Rights written by Gert Vermeulen and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
The growing internationalization and Europeanization of criminal procedures has created new challenges to traditional defense rights. Hence, the Ghent Bar Association, the Bar Association of The Hague, and Ghent University have joined forces, exploring and addressing these challenges during an international conference held in Ghent in November 2012. This book examines the various topics presented at the conference. Whereas international criminal tribunals - especially the International Criminal Court (ICC) - should play an exemplary role when it comes to the right to fair trial and adequate access to a lawyer, reality proves to be troublesome. In this respect, the book addresses key issues: What is the status quaestionis of the defense position and procedural rights before international criminal tribunals, more specifically the ICC? Has the Rome Statute lived up to its expectations after a decade of its application? Can defense before international tribunals keep functioning without a Bar? What are the needs for such a defense to be adequate, knowing that it balances on the borderline between the Anglo-Saxon legal system and the Northern European system? At the same time, defense and procedural rights are developing as a result of different EU Directives which have been or are now being negotiated. This is of major importance to every penalist, even in strictly national cases. The book presents and critically assesses the entire EU 'roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings.' The EU Directives on the right to information in criminal procedure, the right of access to a lawyer in criminal proceedings, and the right to communicate upon arrest - which are about to revolutionize traditional domestic criminal procedural law - are assessed. Further, the book addresses the important implications and challenges for the legal position of detainees as a result of the recent Framework Decision on the mutual recognition of custodial sentences and measures involving deprivation of liberty. Finally, awareness is raised concerning the future of procedural rights in the framework of cross-border evidence gathering and admissibility. The book will be essential reading for both defense practitioners and scholars taking an interest in defense and procedural rights in criminal matters.
Human Rights And Personal Self Defense In International Law
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Author : Jan Arno Hessbruegge
language : en
Publisher: Oxford University Press
Release Date : 2017
Human Rights And Personal Self Defense In International Law written by Jan Arno Hessbruegge 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 2017 with Law categories.
Based on author's thesis (doctoral - European University Viadrina in Frankfurt (Oder), Germany, 2016) issued under title: The right to personal self-defence as a general principle of law and its general application in international human rights law --Verso of title page.
Rethinking Self Defence
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Author : T Markus Funk
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-01-14
Rethinking Self Defence written by T Markus Funk and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-14 with Law categories.
Self-defence – the 'ancient right' – has never been more relevant than in the present era of widespread calls for criminal justice reform. The book substantially advances the patinaed discussion by introducing for the first time a comprehensive value-centric approach to thinking about the defence's deeper rationale. It tackles core issues such as the relative importance of the State's claimed monopoly on force, procedural justice and the need to shore up the justice system's legitimacy and creditworthiness, everyone's presumptive 'right to life,' and the importance of ensuring equal standing between citizens. And, in so doing, the book breaks ground by addressing public perceptions of 'just' and 'right' outcomes, as well as the emphasis legal systems place (and should place) on State power.
Origins Of The Right Of Self Defence In International Law
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Author : Tadashi Mori
language : en
Publisher: BRILL
Release Date : 2018-01-11
Origins Of The Right Of Self Defence In International Law written by Tadashi Mori and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-11 with Law categories.
This book defines the right of self-defence as understood in and before 1945 and offers a possible better alternative for interpreting the significance of the precondition provided for in the Article 51 of the United Nations Charter.
The Deacons For Defense
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Author : Lance Hill
language : en
Publisher: Univ of North Carolina Press
Release Date : 2006-02-01
The Deacons For Defense written by Lance Hill and has been published by Univ of North Carolina Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-02-01 with Political Science categories.
In 1964 a small group of African American men in Jonesboro, Louisiana, defied the nonviolence policy of the mainstream civil rights movement and formed an armed self-defense organization--the Deacons for Defense and Justice--to protect movement workers fr
Necessity And Proportionality And The Right Of Self Defence In International Law
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Author : Chris O'Meara
language : en
Publisher: Oxford University Press, USA
Release Date : 2021-03
Necessity And Proportionality And The Right Of Self Defence In International Law written by Chris O'Meara and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03 with Law categories.
The right of States to use force extraterritorially is conditioned by requirements of necessity and proportionality. This book provides a much-needed detailed analysis of those requirements, and a coherent and up-to-date account of the applicable contemporary international law in this field.
Right Of Defence And The Principle Of Equality Of Arms In The Criminal Procedure In Bulgaria
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Author : Maria Yordanova
language : en
Publisher: CSD
Release Date : 2012
Right Of Defence And The Principle Of Equality Of Arms In The Criminal Procedure In Bulgaria written by Maria Yordanova and has been published by CSD this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Self-defense (Law) categories.