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ASIL Studies in International Legal Theory

Examines the purpose of international punishment and how different theories of punishment influence the practice of the International Criminal Court.

Why Punish Perpetrators of Mass
Atrocities?

Why Punish Perpetrators of Mass Atrocities?

Purposes of Punishment in International Criminal Law

1. Introduction: the need for a robust and consistent theory of international punishment Florian Jeßberger and Julia Geneuss; 2. The practical importance of theories of punishment in international criminal law Silvia Fernández De Gurmendi; Part I. Setting the Framework - Criminological, Historical and Domestic Perspectives: 3. Criminology of international crimes Frank Neubacher; 4. Punishment rationales in international criminal jurisprudence - two readings of a non-question Sergey Vasiliev; 5. Punishment and the domestic analogy - why it can and cannot work Elies Van Sliedregt; 6. Not much, but better than nothing - purposes of punishment in international criminal law: a comment on the contributions by Frank Neubacher, Segey Vasiliev and Elies van Sliedregt Kai Ambos; 7. The why question in international criminal punishment - framing the landscapes of asking: a comment on the contributions by Frank Neubacher, Segey Vasiliev and Elies van Sliedregt Immi Tallgren; 8. Is international criminal law special?: A comment on the contributions by Frank Neubacher, Segey Vasiliev and Elies van Sliedregt Jochen Bung; Part II. Rationales for Punishment in International Criminal Law - Theoretical Perspectives: 9. 'Can I be brought before the ICC?' - Deterrence of mass atrocities between jus in bello and jus ad bellum Jakob V. H. Holtermann; 10. An Argument for retributivism in international criminal law Mordechai Kremnitzer; 11. Expressive theory of international punishment for international crimes Daniela Demko; 12. We're exhausting ourselves, let's get busy instead a comment on the contributions by Jakob v. H. Holtermann, Mota Kremnitzer and Daniela Demko Mark Drumbl; 13. Positive general prevention and the idea of civic courage in international criminal law Klaus Günther; 14. The individual and the international community - an outline for a combined meso preventive theory of international punishment Andreas Werkmeister; 15. The right to punishment for international crimes Jens David Ohlin; Part III. Consequences for the Practice of the International Criminal Court: 16. Prosecution strategy at the International Criminal Court in search of a theory Alex Whiting; 17. Selectivity in international criminal law - asymmetrical enforcement as problem for theories of punishment Harmen Van Der Wilt; 18. Theories of punishment in sentencing decisions of the International Criminal Court Gerhard Werle and Aziz Epik; 19. Theories of punishment at the Hague a comment on the contributions by Alex Whiting, Harmen van der Wilt and Gerhard Werle and Aziz Epik Silvia D'ascoli; 20. From punitive to restorative justice - victims participation, reparations and theories of punishment Philipp Ambach; 21. Concluding remarks: dimensions of 'why punish' Florian Jebberger and Julia Geneuss; Select bibliography; Index.

""In view of the "European sovereignty," Kirchmair engages with the importance of EU external relations law and the need to structurally conceptualize how international agreements and customary international law relate to EU law. The book explores whether the European Court of Justice or national constitutional courts have the final say. ""--

Consent-Based Monism

Rethinking the Relationship between International, EU and National Law

"Corporations and states are creatures of law that claim rights, trade roles, and avoid responsibility based on legal concepts in international and domestic law. Using the concept of "attribution" as a touchstone, this cross-disciplinary book explores the law's diverse ways of constructing the identities and responsibilities of firms and states"--

Attributing Identity and Responsibility to Artificial Entities

States, Firms, and Their Legal Fictions

"Detailing the requirements for the creation of new states under contemporary international law, this book combines both the theory and practice of statehood to guide policy makers, practicing lawyers, legal scholars, political scientists, philosophers, and sociologists through this complex process"--

International Law and the Emergence of New States

Statehood as Political Community

"The obligations stemming from international law are still predominantly considered, despite important normative and descriptive critiques, as being 'based' on (State) consent. To that extent, international law differs from domestic law where consent to the law has long been considered irrelevant to law-making, whether as a criterion of validity or as a ground of legitimacy. In addition to a renewed historical and philosophical interest in (State) consent to international law, including from a democratic theory perspective, the issue has also recently regained in importance in practice. Various specialists of international law and the philosophy of international law have been invited to explore the different questions this raises in what is the first edited volume on consent to international law in English language. The collection addresses three groups of issues: the notions and roles of consent in contemporary international law; its objects and types; and its subjects and institutions"--

Consenting to International Law

"Adopting a perspective informed by legal and political philosophy, Clare Frances Moran explores the authority and legitimacy of international criminal law. Using concrete examples, she demonstrates it can be conceived of as more than simply an exercise of power and theorises how that power may be exercised legitimately"--

A Controversial Concept

The Authority of International Criminal Law

The Death Penalty's Denial of Fundamental Human Rights details how capital punishment violates universal human rights-to life; to be free from torture and other cruel, inhuman and degrading treatment or punishment; to be treated in a non-arbitrary and non-discriminatory manner; and to be treated with dignity.

International Law, State Practice, and the Emerging Abolitionist Norm

The Death Penalty's Denial of Fundamental Human Rights

Includes papers presented as a "conference that was initially meant to be held in Paris ... and eventually was turned, like so many others around that time, into an online webinar in June 2021"--ECIP preface.

Theories of International Responsibility Law

The first book-length treatment to describe and explain how legal orders can be interwoven and what to do about it. The volume discusses inter-legality in different legal fields, situates it within political and legal theory, and provides a normative assessment.

The Challenge of Inter-Legality

"On 14 February 1878, a Belgian vessel, in route from Ostend to Dover, ran into a storm and, as it approached Dover Bay, collided with the British steam-tug Daring. The ship, fittingly called Parlement Belge, was owned by the King of the Belgians, and it carried, in addition to mail, also passengers, merchandise and the King's royal pennon"--

Human Dignity in International Law

Commitment and Critique

Tipping Points in International Law

This book develops an interdisciplinary conceptualisation and a practical application of virtue ethics to leadership in international organisations.

Concepts, Narratives, Judgment, and Assessment

Ethical Leadership in International Organizations

International Law in Europe and the United States

Whither the West?

This book analyses the right to water and sanitation at both the international level and national levels. At a national level the book examines the law in India relating to both recognition and realisation of the rights. The book considers the complex legal framework in place at the union and state level for the realisation of the rights.

The Case of India

Realizing the Right to Water and Sanitation at the International and National Levels

The architect is a principal target in all types and levels of construction disputes. This book provides informal and practical advice explained in simple terms so that practicing architects can avoid the pitfalls inherent in the architect's role throughout the construction process. Written by a practicing architect who has acted as expert witness in over 200 cases, the book covers the key areas of vulnerability - design, design co-ordination, late information, inspection and certification. Using detailed case studies of built projects, the author identifies the law, how the problems arose and what remedies were put in place to resolve the issues. This is a book no architect can afford not to read.

A Guidebook for the UK Architect

Why Architects Get Sued

Routledge Research in International Economic Law

Defences in International Investment Law offers both theoretical and practical insights into investment dispute resolution. Providing researchers and practitioners with a comprehensive source for response to claims, Botchway distils and synthesises material from both national and international adjudicatory bodies.

Defences in International Investment Law

The First Decade of an Intermediate Appellate Court

The Irish Court of Appeal

Social Justice

This book sheds new light on the complex relationship between criminal liability, sexuality and public health in the era of Aids. It analyses, in particular, the role of public health arguments, and the language of 'sexual rights', in legal struggles aimed at decriminalising certain forms of 'risky' sexual conduct. Addressing gay sex, paid sex, and sex carried out by people living with HIV and Aids, the book demonstrates how public health experts are increasingly arguing that the criminal laws used to regulate these areas of behaviour should be abandoned in order to reduce the stigma and discrimination experienced by the 'risky' sexual populations that they target.

Queer Risks and Contagion Politics

Regulating Sex After Aids

The story of the movement to establish the International Criminal Court, its tumultuous first decade, and its continuing struggle to make a difference.

The International Criminal Court in a World of Power Politics

Rough Justice

As transport speed increases and global trade intensifies, contracts for the carriage of goods and attendant relationships are becoming more complex. This publication looks at the theoretical background of the bill of lading as well as its application in practice.

Third Parties' Rights and Liabilities under Bills of Lading

How can our criminal law retain legitimacy in an era of growing awareness about the complexities of human vulnerability and the far-reaching harm of punitive attitudes? The Boundaries of Blame makes a fresh contribution to the evolving scholarship on the relationship between criminal responsibility and social justice. It challenges the constricted view of personhood underpinning doctrines of responsibility, encouraging new conversations about longstanding questions on the role of circumstances like deprivation and trauma in excusing wrongdoing. Testing entrenched boundaries can provoke resistance, but the book argues that pushing past these limits is essential to fostering a more just framework of state blame in our present time and place. To achieve this objective, Kennefick proposes a bold yet pragmatic response in the form of a Universal Partial Defence, grounded in the Real Person Approach - a blueprint that offers a practical and humane pathway towards a fairer measure of criminal accountability.

Towards a Universal Partial Defence for the Criminal Law

The Boundaries of Blame

This book analyses laws distinctively normative contribution to place-making. In an original, cross-disciplinary, analysis drawing on scholarship in law, geography, philosophy and politics, Antonia Layard considers how law operates in the fixing of borders that both protect and exclude. Centred upon four legal case studies - on public space; housing regulation; rules on the manifestation of religion; and geographic indications in intellectual property law - the book pursues a critical geographical consideration of how place is integral to ideas about identity, belonging and territory.

Balancing Protection and Exclusion

Law, Place and Maps

Hart Studies in European Criminal Law

The European Arrest Warrant ('EAW'), the cornerstone of European criminal law, is twenty years old. This collection brings together the leading commentators in the field to assess its merits, successes and suggest improvements. Taking a holistic approach, it looks at the EAW from all the different perspectives of its operation. Discussions range from fundamental rights, to constitutional issues and questions of national diversity, and to the external dimension of the EAW. This is an important assessment of the EAW, destined to become the point of reference in the field.

Coming of Age?

The European Arrest Warrant at Twenty

This book offers a broad and systematic introduction to the study of miscarriages of justice by defining them and examining the dimensions, forms, and scale of the problem. The work examines the causes in detail with reference to key cases while also exploring official and unofficial responses. The book's discussion of how specific cases and campaigns have acted as drivers for change in relation to policy, practice and legislation aims to minimize future miscarriages of justice. The final chapters of the book apply a comparative approach, comparing the experiences of England and Wales to those of the United States, Canada, Australia and New Zealand and France.

Miscarriages of Justice in Contemporary Context

Written by the editor of the Journal of Forensic Medicine and Toxicology, this practical book explains how to avoid such pitfalls of the medical professions as failure to diagnose, confidentiality, disclosure of information, lack of informed consent, and poor documentation. It aids doctors in all disciplines to become proactive in managed care, expert testimony, and medical malpractice. Citing case law both in the US and abroad gives the book global appeal.

An International Approach

Legal Issues in Medicine

Why Punish Perpetrators of Mass Atrocities?

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Autres titres de la collection: ASIL Studies in International Legal Theory

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