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This PDF eBook is produced by a third-party. We have requested that the file be made accessible and compliant with the European Accessibility Act (EAA). However, we have not been able to fully verify

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Law and Criminology (R0)

Karel Wellens

Question Time at the ICJ in Contentious Cases

A Functional Analysis of the Practice

&lt;p&gt;Introduction.- Procedural Law in Cases before the ICJ.- Questions from the Bench - A Functional Visit.- The Impact of the Time Factor and of Particular Circumstances.- A Closer Look at Parties’ Replies and Comments.- The Functional Interaction at Work: Issues Raised during Question Time Finding Their Way into Judicial Reasoning.- Concluding Reflections: Revisiting the Functional Role of Questioning. Annex. References.- Index.&lt;/p&gt;


Humanity in the twenty-first century faces serious global challenges and crises, including pandemics, nuclear proliferation, violent extremism, refugee migration, and climate change. None of these calamities can be averted without robust international cooperation.&nbsp;Yet, national leaders often assume that because their states are sovereign under international law, they are free to opt in or out of international cooperation as they see fit. This book challenges conventional wisdom by showing that international law requires states to cooperate with one another to address matters of international concern-even in the absence of treaty-based obligations. Within the past several decades, requirements to cooperate have become firmly embedded in the international legal regimes governing oceans, transboundary rivers, disputed territories, pollution, international security, and human rights, among other topics. Whenever states address matters of common concern, international law requires that they work together as good neighbors for their mutual benefit. This title is also available as Open Access on Cambridge Core.

Mandatory Cooperation Under International Law

Institutions, Politics, and Processes

Constitutional Law in Contemporary America: Volume 1

Cambridge Studies in European Law and Policy

Social media giants like Meta and transnational regulators such as the European Union are transforming private governance by creatively emulating public law frameworks. Drawing on exclusive interviews and in-depth analysis of Meta's Oversight Board and the EU's Digital Services Act, this book explores how these approaches blend European and American perspectives, bridging distinct legal traditions to address the challenges of platform governance. Analysis of content moderation practices and their implications uncovers a critical pattern in the evolution of governance for industries that will define the future, from digital platforms to emerging technologies. Combining public and private law in innovative ways, the book sheds light on bold governance experiments that will shape the digital world-for better or worse. This study offers crucial insights for understanding the next chapter of global governance in an increasingly interconnected and privatized world. This title is also available as Open Access on Cambridge Core.

The Oversight Board, the Digital Services Act, and the Struggle for Platform Accountability

Governance by Emulation

Library of Selected Cases from the Chinese Court

This book includes focal and vital cases tried by presiding justices, guiding cases from the Supreme People's Court, and cases discussed at the Joint Meetings of Presiding Judges from various tribunals. This book is divided into three sections, including Cases by Justices, Guiding Cases, and Typical Cases, which will introduce readers to Chinese legal processes, legal methodology, and ideology in an intuitive, clear, and accurate manner.

This book presents cases selected by the trial departments of the Supreme People's Court of China from their concluded cases. In order to give full weight to the legal value and social function of cases from the Supreme People's Court, and to achieve the goal of "serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving legal exchanges among Chinese and foreign legal communities and serving the rule of law in China," the China Applied Jurisprudence Institute, with the approval of the Supreme People's Court, opts to publish Selected Cases from the Supreme People's Court of the People's Republic of China in both Chinese and English, for domestic and overseas distribution.

Volume 5

Selected Cases from the Supreme People’s Court of the People’s Republic of China

International Law

Ius Gentium: Comparative Perspectives on Law and Justice

The Illusory Truth Effect And Financial Integrity Objectives And Consequences.- Privacy-Preserving Data Analytics: A Case Study In Anti-Money Laundering And Counter Terrorist And Proliferation Financing Innovation In Australia.- Central Bank Digital Currencies, Financial Inclusion And Financial Integrity: Trade-Off?.- Coordinated Terrorist Financing – An Emerging Threat Or A Glaring Omission? Time To Rethink The Financial War On Terrorism.- Re-Evaluating Human Rights In Global Counter-Terrorism Financing: A Case For Preliminary Judicial Moderation.- Charities, Non-Profit Organisations And The Fatf: Testing The Evidence Base And Proportionality Of Risk-Based Counter-Terrorist-Financing Regulation.- Law Enforcement At The Forest-Finance Nexus In Papua New Guinea – Leveraging Tools Against Financial Crime In Defence Of The Environment.- Surveilling The Citizen: Constitutional Tensions Within The Canadian Aml Regime.- New Zealand And Manitoba Unexplained Wealth Law: Surveying The Rights Landscape.- De-Banking ‘Risky’ Customers: Contractual Exclusion Of Customers By Financial Institutions And AML/CTF Ramifications.- Challenging Risk: The Case Of Maples Corporate Services V CIMA.- Intended And Unintended Consequences Of The Combating Of Financial Crime: A Research Agenda.

Intended and Unintended Consequences

Combating Financial Crime

Cambridge Studies in International and Comparative Law

Hegemony, Contestation, and International Law

Free Flow of Information

Cambridge Studies in Constitutional Law

This book offers one of the rare empirical studies on the different meanings of proportionality as part of a global constitutional discourse. It develops and applies a theoretically informed comparative methodology for the study of differences in the use of legal transfers. Beyond the transplant versus culture controversy, it enriches our understanding of the relationship between law and its social context. Beyond the common law and civil law cleavage, it provides an in-depth comparison of French, English and Greek judicial review, rendering some core features of these systems accessible to non-initiated readers. The last part of the book provides insights as to the different visions of Europe underlying different phases of European integration and thus enriches our understanding of the process of integration through law.

Local Meanings of Proportionality

While mainstream international legal scholarship has long treated race as a peripheral concern-or a historic injustice to be remembered but not redressed-this volume argues that racialisation is foundational to the discipline, underpinning its doctrines, epistemes, and interlocutors. Emancipating International Law explores the many ways racial hierarchy, systemic oppression, and global white supremacy shape international law. Bringing together leading and emerging scholars, the collection moves beyond qualifying whether international law is racist to explore how racial hierarchies are embedded in its structures and continue to evolve through legal and institutional practice. Divided into five sections, the book begins by situating international law's racialised boundaries within its colonial, capitalist, and chauvinist afterlives, exposing how white ignorance and race-thinking underpin legal norms, from sovereignty to jus cogens. It then examines racial stratification across legal institutions, including investment law, refugee law, and the Genocide Convention. The third section extends this critique to human rights, revealing the ways in which even an emancipatory paradigm can bolster racial injustices. The penultimate section unpacks racial hierarchies in disparate societies, including Brazil, India, and Japan, as well as the frontiers of nation-states. The volume concludes with a powerful discussion of the role of activism and alternative epistemologies in racial justice struggles, and the limits of international law's capacity for anti-racist transformation. Aimed at scholars, practitioners, and students of international law, critical legal studies, and anti-colonial theory, this book advances an understanding of international law that is aimed at dismantling its racialised structures. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.

Confronting the Violence of Racialised Boundaries

Emancipating International Law

A Brazilian Perspective

Supreme Courts and Binding Precedents

ASIL Studies in International Legal Theory

Jurisprudence has up until recently largely neglected international law as a subject of philosophizing. The Nature of International Law tries to offset against this deficiency by providing a comprehensive explanatory account of international law. It does so within an analytical tradition, albeit within the one which departs from the nowadays dominant method of the metaphysically-driven conceptual analysis. Instead, it adopts the prototype theory of concepts, which is directed towards determining typical features constitutive of the nature of international law. The book's central finding is that those features are: normativity, institutionalization, coercive guaranteeing, and justice-aptness. Since typical features are context sensitive, their specificities at the international level are further elucidated. The book, finally, challenges the often raised claim that fragmentation is international law's unique feature by demonstrating that international institutional actors, particularly adjudicative ones, largely perceive themselves as officials of a unified legal order.

The Nature of International Law

Understanding China

This book absorbs the experience and wisdom of the application of evidence in judicial practice, explains the principles of evidence law with the help of Chinese and foreign classic evidence cases, and interprets the evidence system and rules of interpretation of evidence. In the arrangement of style, this book adopts the heuristic paradigm of linking cases and questions, which can improve students’ awareness of evidence issues. In the selection of typical evidence cases, this book highlights the application skills of evidence rules through controversial cases. In the explanation of the rules of evidence, this book can improve students’ ethical thinking of using evidence to identify facts with the help of fresh and meaningful classic cases. This book also takes into account the characteristics of the evidence rules of administrative law enforcement, arbitration and discipline inspection and supervision, and interprets the common issues of evidence from the basic knowledge, basic principles and basic systems of evidence law. On the basis of following the rules of evidence law, this book maintains the practical discipline characteristics of both substantive and procedural norms of evidence law and achieves the goal of solving practical cases by using evidence rules. This book can be used as a textbook for undergraduate students to study evidence law and as a reference for law enforcement and judicial authorities to apply evidence rules to determine the facts of cases

Evidence Jurisprudence in China

Question Time at the ICJ in Contentious Cases

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