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Law and Criminology (R0)

Vessela I. Terzieva

The Right to the Truth in Atrocity Trials before Municipal Courts

&lt;p&gt;Part I. Introduction.- Introduction&lt;strong style="mso-bidi-font-weight: normal;"&gt;&lt;span lang="EN-GB" style="font-size: 12.0pt; font-family: 'Times New Roman',serif; mso-fareast-font-family: 'MS Mincho'; mso-fareast-theme-font: minor-fareast; mso-ansi-language: EN-GB; mso-fareast-language: EN-US; mso-bidi-language: AR-SA;"&gt;&amp;mdash;&lt;/span&gt;&lt;/strong&gt;A Burgeoning Right in International Law and Its Implications for Municipal Atrocity Trials.- Part II. Legal Framework.- The Right to the Truth as a Legally Enforceable Right in International Law.- The Right to the Truth in Municipal Criminal Proceedings: Some Theoretical Considerations.- Part III. The Right to the Truth in Atrocity Trials Before Municipal Courts.- Trials Related to the Second World War Context.- Trials Related to the Latin American Context.- Trials Related to the Balkan Context.- Part IV. General Conclusions.- Conclusions and Final Reflections.- Index.&lt;/p&gt;

Modern Studies in European Law

This book clarifies all legal aspects of the good neighbourliness principle in international and EU law. It elaborates on the most acute infringements of the principle of good neighbourliness in both international relations and EU enlargement policy. Taking a two-part approach, it offers the international law and EU law perspectives. Over five chapters, it sets out the legal framework and the practical application of the principle, before setting out conclusions on the effectiveness of that application. Given the current focus on enlargement and accession to the EU this is a timely and topical study in an under-researched field.

The Principle of Good Neighbourliness in International Law and EU Law

Examines whether the rule of law can endure without its natural law and metaphysical foundations, arguing for a renewed, human-centered legal order grounded in objective moral principles and capable of addressing contemporary challenges such as AI, technocracy, and decolonization.
This provocative interdisciplinary volume addresses a mounting global crisis: the erosion of the rule of law in an increasingly secular and technological world. As societies move into what the authors call the "fourth era" of legal history, the rule of law is frequently reduced to a mere "toolkit" for elites or a "checklist" for bureaucratic efficiency, stripped of its deeper moral and transcendent roots. The book explores a vital question: can legal systems remain just when they are "truncated of transcendence" and disconnected from a higher moral order? By sifting through the legacies of legal giants like Lon Fuller and theologians like Karl Barth, the contributors argue that a purely procedural "inner morality" is insufficient to protect human dignity against authoritarian relapses or the cold logic of "technocratisation." 
Central to the book's unique vision is a multivalent, pluralistic re-envisioning of global norms. Drawing on the Christian philosophy of Herman Dooyeweerd, specifically his concept of "sphere sovereignty," the authors propose a framework where diverse religious and secular traditions can collaborate without sacrificing their distinct identities. This approach offers a powerful way to decolonize the rule of law, moving away from "one-size-fits-all" Western impositions toward a culturally sensitive synthesis of universal principles and local traditions. 
The text also tackles the controversial relationship between Natural Law and the 10 Commandments, debating whether positive laws should be grounded in "naturally knowable" truths or specific religious revelations in a pluralistic state. 
Looking toward the future, the authors issue a stark warning against the rise of Generative AI (GenAI) in legal adjudication. They argue that replacing human value judgments with machine-driven algorithms threatens to eliminate the discretion and relational interaction essential to true justice. To counter this, the book calls for educational reform and a shift toward "principled legal education" that prioritizes ethics, restorative justice, and a "facts first" approach. Ultimately, this work is a call to action for legal professionals, theologians, and the public to reclaim law as a framework for human flourishing-a "language of love" between the divine and the human that protects the vulnerable from the arbitrary exercise of power.

Reclaiming Justice Through Natural Law

The Rule of Law, Human Dignity and the Future of Democracy

Oñati International Series in Law and Society

This edited collection explores the question of how those with limited capacity are enabled to take their part as members of society within the context of both a legal framework and the expectations of their family and community. The book is divided into three parts, firstly looking at the current legal position on incapacity in a number of jurisdictions. It discusses the recent European project FLEUR, and the associated debates developing around whether legislation dealing with incapacity should aim to support or control the vulnerable person. Secondly, the book looks at the experience of families with vulnerable members. Chapters examine developments in Australia, Spain, Bulgaria and Argentina, while part three looks at France, Turkey, Canada, the Netherlands, Poland and Ukraine. It asks questions such as: What are the contemporary demands for full financial protection by the state in the Netherlands? What can happen in an emergency? How did the Polish system provide for the needs of refugees in wartime, in the case of the recent flight from Ukraine into Poland? An important dimension is added to the debate, asking how we can provide support and control within a social network or group whose members have different aims and needs in a family or a community.

Incapacity and Access to Family Justice

This collection explores the relationship between race, racism, and human rights law. It seeks to illuminate, in particular, how the European Court of Human Rights articulates the category of race, how human rights are experienced (differently) by racial minorities, and whether the European Convention on Human Rights has the tools to recognise and address racial harms. By centring race, it considers how Convention rights would look through the lens of race and ultimately interrogates if human rights law is part of the solution or part of the problem. In pursuing these inquiries, the collection brings together two fields of scholarship that have largely developed independently of each other, namely law and race, and European human rights law. Drawing upon rich expertise from theorists and human rights scholars, it is the first of its kind to systematically analyse race and racism in relation to a wide range of themes in European human rights law, including state violence, terrorism, privacy, protest, migration, hate speech, religion, domestic abuse, reproductive freedom, medicine, education, and climate change.

Race, Racism, and the European Convention on Human Rights

This book offers a comprehensive and forward looking assessment of the European Union's integration of the Western Balkan countries, analysing the process through three interlinked perspectives: EU frameworks, domestic reforms, and intra-regional cooperation. It first examines the legal architecture that structures accession, including the long standing Stabilisation and Association Agreements, the EU's revised enlargement methodology, and the emerging Growth Plan for the Western Balkans, which strengthens conditionality by linking financial support to reform performance. Together, these instruments reveal both the possibilities and the persistent limitations of the EU's approach to preparing candidate states for membership. The second part turns to the Western Balkan states themselves, assessing the extent and effectiveness of reforms - most notably in the rule of law, now central to the "Fundamentals" cluster of the new methodology. The book analyses how far EU driven, top down reforms align with domestic constitutional and legal contexts and identifies the structural and political obstacles that may hinder the impact of EU conditionality. It also explores the scope for more locally grounded, bottom up reform initiatives. A third angle considers intra-regional integration efforts, such as CEFTA, the regional common market, the Berlin Process, the Open Balkan Initiative and cooperation through the Regional Cooperation Council. By evaluating their institutional design, legal commitments and enforcement mechanisms, the book compares these initiatives with the EU integration pathway and assesses their potential role as stepping stones to accession. Grounded in rigorous legal analysis and informed by political context, this book is essential reading for scholars of EU enlargement, comparative regional integration, and postgraduate students engaging with the future of Europe's neighbourhood.

A Legal Assessment of EU Integration in the Western Balkans

This book is the first comprehensive academic treatment of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and employment rights, which has a global vocation demonstrated by having been ratified by 173 States since it was adopted in 1966. Workers' rights need protection and reinforcement. To achieve this aim, international human rights standards can play an important role. The ICESCR is the most important global UN instrument in this respect. It covers a wide range of employment rights, including the right to strike, and has global application. But it is not sufficiently developed and used, and national implementation often needs improvement. Part 1 of the book analyses general issues related to the Covenant, such as context, development, challenges, influences at the global and regional levels, interpretation and procedural elements. Part 2 deals with the specific provisions which are directly linked to the employment relation. The book is based on a thorough analysis, mainly, but not exclusively, of the case law of the Committee on Economic, Social and Cultural Rights (CESCR), that is monitoring the national implementation of the Covenant. Together, the chapters in this book will empower academics and practitioners in labour law to find answers to relevant and practical problems in order to better enforce and improve workers' rights. The book is the result of a project by the 'Transnational Trade Union Rights' experts Network (TTUR), linked to the European Trade Union Institute (ETUI).

The International Covenant on Economic, Social and Cultural Rights and the Employment Relation

Drawing on broader legal-political discourses within the party-state and institutionalised academia, this book shines a light on one of the most controversial legal principles in Chinese criminal justice: the presumption of innocence. It argues the reasons why there is no presumption of innocence in China, tracing the curve, or evolution, of academic discourse about presumption of innocence against the backdrop of changing politics, or varying emphases on national conditions, from Mao Zedong to Xi Jinping. The book deepens our understanding of the trajectory of criminal justice reforms in the party-state and shows how the more open and liberal phases of the reform era opened up some space for pluralist views and constructive criticism. In comparison, the second wave of autocratisation of the system influenced the conception of the criminal and paved the way for an illiberal turn.

Presumption of Innocence Under China's 'National Conditions'

Cambridge Studies in International and Comparative Law

The Co-Production of Infrastructure, Technology, and International Law

Cable Empires

Chinese Maritime Cases Series

China (the Mainland of PRC) trades with other states in trillions of USD every year, and about 95% of the cargoes are carried by ocean-going ships calling at hundreds of Chinese ports each singe day. Due to the enormous trade volume and shipping activities, foreign ships, companies and professionals are often caught in the Chinese maritime law and court. The foreign parties involved in Chinese litigation or dispute resolution and their lawyers are more and more enthusiastic to study Chinese maritime cases in order to deal with their own cases properly or, if possible, predicate the potential risks and avoid the disputes outright. However, to date, no Chinese series casebook has ever been published. Now, for the first time, the authors offer this series casebook of delicately selected Chinese maritime judgments. Each year, the book selects a number of leading, innovative and influential Chinese maritime judgments and presents full English translation of them, together with summary, to the readers so that they can have insights of how the Chinese maritime judges interpret, apply and develop Chinese maritime law in practice. The book will benefit the worldwide students, academics, practitioners and industrial people who may be engaged in international trade, shipping, insurance and other transactions concerning China. The book will also indemnify to certain extent the situation that there is lack of authoritative sources available to foreign personnel to look into how Chinese justice system functions and grows in real life.

Selection for Year of 2019 (Volume 3)

Chinese Maritime Cases

This book offers an alternate trajectory for EU copyright law. Building on cultural norms in creative communities to reuse, recreate and share, the book proposes a more holistic approach to reconcile conflicting copyright interests. Drawing upon Niklas Luhmann's system theory, John Dewey's theory of art and feminist data theory, it advocates access to, and care within, creative communicative spaces, such as social media platforms or artificial intelligence (AI) data infrastructures, to safeguard creativity and cultural production online. Following a comprehensive assessment of current EU copyright law and related regulation, it proposes a rebuttable presumption of artistic communication to account for the nature of communication between authors, users and the public that safeguards creative reuse. The book isolates the question of remuneration, particularly in AI context, as one of collective socio-cultural value to address wider harms through a cultural commons existing on the border of the EU copyright system. Reflecting on traditional copyright concepts such as authorship, consent and remuneration alongside more novel legal structures like a right of collective informational self-determination, Reshaping EU Copyright Law to Support Creativity Online provides a foundation to reshape how the EU copyright system and its regulatory neighbours adequately respond to new forms of creativity, dissemination, and its use.

Creative Reuse

Reshaping EU Copyright Law to Support Creativity Online

Studies in International Law

This book offers a foundational rethinking of how international law engages with non-state effective territorial entities - territories that, while legally part of a recognised state, are de facto governed by non-state actors or other states. These entities - ranging from ISIL-controlled areas in Syria to the contested territory of Crimea, the autonomous Somaliland, and Taiwan - occupy an increasingly prominent place in global politics, yet remain inadequately addressed in legal doctrine. Rather than assessing these territories through the binary lens of statehood, the book begins by assuming their non-state status and asks: what legal capacity and responsibilities do such entities hold under international law? It considers their obligations toward both other states and the populations under their control, and explores the broader implications for concepts like sovereignty, territorial integrity, and recognition. Drawing on four case studies across a spectrum of state-likeness, the book moves beyond isolated analyses of conflict or self-determination to offer a more holistic account of what these entities reveal about the limits and possibilities of the current international legal framework. It argues for a more functional, capacity-based understanding of legal responsibility that acknowledges the realities of territorial control without forgoing the notion and role of statehood. Combining doctrinal clarity with pragmatic ambition, this book challenges the state-centric foundations of international law and offers a roadmap for engaging with one of its most pressing contemporary challenges: the legal accommodation of non-state territorial authority in a world still structured around states.

Re-Thinking Capacity and Responsibility in International Law

Non-State Effective Territorial Entities

Multilateral environmental agreements have over the last four decades emerged as the preferred avenue to address inter-state environmental issues such as climate change. This book analyses the possibilities as well as the limitations of environmental treaty making between states. The book considers the structures and processes that lead to the successful adoption of the Paris Agreement - and contrasting them with other attempts that failed in bringing states together under a legally-binding solution. Christina Voigt explores the whole "life-cycle" of multilateral environmental agreements. Also emphasised is the impact of emerging economies in shaping international environmental regimes.

Environmental Multilateralism and its Discontents

The Right to the Truth in Atrocity Trials before Municipal Courts

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