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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)

Humoud Y. Al-Fadhli

Prosecuting Superior Responsibility in International Criminal Law

From Tokyo and Nuremberg to The Hague and Beyond

&lt;p&gt;&lt;span style="color: black;"&gt;1. Introduction.- 2. From Antiquity to Status Quo: The Genesis of Superior Responsibility.- 3. The Rudiments of the Superior Responsibility Doctrine.- 4. The Uncertain Application of Superior Responsibility at the International Criminal Court.- 5. Epilogue: The Proof Is in the Pudding — Plot Twists and Closing Reflections.- Bibliography.- Table of Case Law.- Index.&lt;/span&gt;&lt;/p&gt;

Gender, Justice and Legal Feminism

The edited volume aims at presenting the various forms of stereotyping. As a matter of fact, such logical inclination is not only perpetrated through common sense and public discourse, but also through regulation and various ethical practices. Law and politics, indeed, can have a relevant function in preventing the diffusion of bad and wrong gender stereotypes.

The edited volume aims at presenting the various forms of stereotyping. As a matter of fact, such logical inclination is not only perpetrated through common sense and public discourse, but also through regulation and various ethical practices. Law and politics, indeed, can have a relevant function in preventing the diffusion of bad and wrong gender stereotypes.&nbsp;"Stereotypes have been and remain a notion central to feminist/ gender inquiry. This edited volume brings forth original perspectives from a wide range of scholars from multiple and diverse angles. The editors, Condello and Wagner, distinguish between the frameworks of mythos, logos and nomos to show how stereotypes are entrenched in cultural narratives, normative systems and language. Authors in the volume explore how stereotypes influence policy, cultural norms and personal identity causing discrimination and exclusion. The volume aptly underscores the importance of recognizing how race, class, ethnicity, religion amongst other identities intersect with power and play out in areas like the media, education and law.&nbsp; The various chapters reflect on the importance of interdisciplinary approaches to make sense of the persistence of stereotypes. The focus falls for example on gender stereotypes in the city; in textbooks, in criminal law, in the Bildungsroman and in various religious settings.The volume will be an essential read for anyone concerned about the world as it is trying to make sense of the pervasiveness and endurance of gender injustice. Judith Butler, in her latest work invokes the idea of ‘phantasm’ to illustrate how conservatives and reactionaries from various places have created fears to justify censorship, discrimination and injustice. The various takes on stereotypes in the volume highlights the role they play in putting this ‘phantasm’ to work.The chapters included here not only expose gender stereotypes and their entanglement with suffering and injustice but it also challenges us to think about and work towards alternatives. It beckons us to put our imaginaries to work, in the words of the editors, to ‘reimagine the world not as it is, but as it could be’."Karin van Marle, Research Chair Gender, Transformation, Worldmaking, University of the Western Cape

Case Studies, Policies and Theoretical Approaches

Gender Stereotypes

From Labour Law to the Constitution

Freedom of Association

Ius Gentium: Comparative Perspectives on Law and Justice

This book traces, assesses and compares the history of conscientious objection – in the cultural context of eight developed democratic nations – from refusal of military service and a range of similar moral dilemmas, to objecting to abortion, to vaccination hesitancy and contemporary warfare. It considers the impact of this form of dissent in relation to social movements, social activists and whistle blowers. It reflects on the relationships between the sacred and the secular, the state and the citizen, in order to better understand the responsibilities of citizenship in our increasingly secular societies. It analyses what defines the conscientiousness of an objection from both legal and ethical standpoints. It explores the increased reliance on “grounds of religion, belief or conscience” as providing justification for excusing some citizens from complying with certain responsibilities – mandated by equality and non-discrimination legislation – that are binding for all others. By conducting a comparative evaluation of national law and judicial rulings on a fixed agenda of issues, this book identifies key jurisdictional differences concerning conscientious objection. In so doing, it highlights the importance of cultural context and constructs a jurisdiction-specific overview of legislation, policies and case law. By tracking policy developments and highlighting crucial judicial rulings – particularly in the US – it provides insights into the probable future direction of developments in national law relating to conscientious objection. Lastly, the book draws attention to some of the potential consequences of manifesting dissent by opting out of performing public services: the possible local breakdown of specific service availability (e.g. abortion); prompting population movements as established democratic civil rights are locally negated; fragmenting society into a geographic patchwork of regions in which some citizens are branded as conservative/reactionary and others as progressive. Conscientious objections carry profound implications for a coherent democratic society.

This book traces, assesses and compares the history of conscientious objection – in the cultural context of eight developed democratic nations – from refusal of military service and a range of similar moral dilemmas, to objecting to abortion, to vaccination hesitancy and contemporary warfare.
 
 It considers the impact of this form of dissent in relation to social movements, social activists and whistle blowers. It reflects on the relationships between the sacred and the secular, the state and the citizen, in order to better understand the responsibilities of citizenship in our increasingly secular societies. It analyses what defines the conscientiousness of an objection from both legal and ethical standpoints. It explores the increased reliance on “grounds of religion, belief or conscience” as providing justification for excusing some citizens from complying with certain responsibilities – mandated by equality and non-discrimination legislation – that are binding for all others.
 
 By conducting a comparative evaluation of national law and judicial rulings on a fixed agenda of issues, this book identifies key jurisdictional differences concerning conscientious objection. In so doing, it highlights the importance of cultural context and constructs a jurisdiction-specific overview of legislation, policies and case law. By tracking policy developments and highlighting crucial judicial rulings – particularly in the US – it provides insights into the probable future direction of developments in national law relating to conscientious objection.
 
 Lastly, the book draws attention to some of the potential consequences of manifesting dissent by opting out of performing public services: the possible local breakdown of specific service availability (e.g. abortion); prompting population movements as established democratic civil rights are locally negated; fragmenting society into a geographic patchwork of regions in which some citizens are branded as conservative/reactionary and others as progressive. Conscientious objections carry profound implications for a coherent democratic society.

Dissent and Democracy

Conscientious Objection

State responsibility in international law provides for the legal consequences following breaches of international law. This book opens the topic for critical discussion for international lawyers and readers who take a broad interest in international responsibility, including international criminal law and international liability.

A Critical Appraisal

State Responsibility in the International Legal Order

This book is for scholars, students and practitioners of international criminal law. It focuses on legal questions relating to the jurisdiction of the International Criminal Court where the State of nationality has not consented to prosecution. This is a controversial and topical issue before the Court.

The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties

This open access book examines the role played by international, regional, and national legal frameworks in holding corporations operating in the natural resource sector accountable for human rights violations in the Global South.

Influential scholars from across the world address pressing issues concerning the integration of business and human rights standards for better governance of natural resources. They focus particularly on extractive and multinational companies in the Global South and their role in the transition to net zero societies. The book also examines legal mechanisms for corporate accountability under international, human rights and transnational law, using case studies from selected countries across Africa, Asia, and Latin America.

The book reviews proposals for an enforceable legal framework to hold corporations accountable for human rights abuses and environmental damage. It considers initiatives such as the OECD Guidelines on Multinational Enterprises, the UN Guiding Principles on Business and Human Rights, the UN's Draft Business and Human Rights Treaty, and the European Union Corporate Sustainability Due Diligence Directive. 

The book is essential reading for researchers working in the fields of business and human rights law, natural resources law, environmental law and international law, as well as corporate and human rights practitioners litigating in the energy and natural resources sectors.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Bloomsbury Open Collections Library Collective.

Accountability for a Just Transition

Business, Human Rights and Natural Resource Governance

Hart Studies in European Criminal Law

Harmful AI-generated Content between Criminal Law and Digital Regulation

Addressing Deepfakes

Studies in International Law

Form, Character and Nature

The United Nations Security Council and the Authorisation of Force

What if aliens gave us just 365 days to create a just world?

The Alien Ultimatum

Offers an alternate trajectory for EU copyright law to adequately respond to new forms of creativity

Creative Reuse

Reshaping EU Copyright Law to Support Creativity Online

Law and Religion in a Global Context

This book is the first study to consider findings from sociology, legal anthropology, ethnology, legal pluralism, comparative law and theology in order to gain a better understanding of the diverse cultures of global Catholicism and the cross-cultural challenges arising from Roman Catholic canon law within the local churches. The author, renowned for her work at the intersection of socio-legal studies and canon law, examines the latter as a distinctive example of a European religious legal system that cuts across the myriad legal cultures of the local churches. In light of findings on legal transfer and legal colonialism, and by examining canon law within the emerging field of social and cultural studies approaches to law, her book sheds light on how canon law is imposed upon and received by the local churches around the world. It analyses the challenges and problems arising from the law’s transcultural claims within these churches. Based on these observations, the study discusses the critical stance of canon law within contemporary Catholicism and the current debates on a synodal reform of the church and its law.&nbsp; The book adopts different perspectives: As a sociological study, it describes the contemporary Eurocentrism of global canon law and the conflicts arising from it. As a theological study, it presents ecclesiological reasons for challenging the hegemony of global legislation. As a study of canon law, it suggests ways in which legislation could permit greater diversity while maintaining the unity of the universal church. By analysing canon law as a specific example of a religious legal order with cross-cultural ambitions and global claims, the book also contributes to the study of transnational law in general by illustrating the typical problems that accompany transnational legal regimes in both secular legal systems and religious groups.
This is an open access book.

This book is the first study to consider findings from sociology, legal anthropology, ethnology, legal pluralism, comparative law and theology in order to gain a better understanding of the diverse cultures of global Catholicism and the cross-cultural challenges arising from Roman Catholic canon law within the local churches. The author, renowned for her work at the intersection of socio-legal studies and canon law, examines the latter as a distinctive example of a European religious legal system that cuts across the myriad legal cultures of the local churches. In light of findings on legal transfer and legal colonialism, and by examining canon law within the emerging field of social and cultural studies approaches to law, her book sheds light on how canon law is imposed upon and received by the local churches around the world. It analyses the challenges and problems arising from the law’s transcultural claims within these churches. Based on these observations, the study discusses the critical stance of canon law within contemporary Catholicism and the current debates on a synodal reform of the church and its law.&nbsp;
 
 The book adopts different perspectives: As a sociological study, it describes the contemporary Eurocentrism of global canon law and the conflicts arising from it. As a theological study, it presents ecclesiological reasons for challenging the hegemony of global legislation. As a study of canon law, it suggests ways in which legislation could permit greater diversity while maintaining the unity of the universal church. By analysing canon law as a specific example of a religious legal order with cross-cultural ambitions and global claims, the book also contributes to the study of transnational law in general by illustrating the typical problems that accompany transnational legal regimes in both secular legal systems and religious groups.
 This is an open access book.

Global Catholicism, Glocal Legislation, and the Local Churches

The Cultures of Canon Law

Understanding China

The book comprehensively explores the origins, structure, characteristics, functions, and unique role of Chinese legal tradition within the global scope of legal culture. It adopts a thematic framework that extends across multifaceted dimensions to examine the evolution, features and impact of Chinese legal culture, breaking away from the traditional chronological approach to legal history.


The book seamlessly integrates macro and micro views, bridges ancient and modern, as well as Chinese and foreign perspectives, and combines state law with folk law, and law with ethics. The content covers seven key aspects: the culture of rites and etiquettes, penal culture and practice, the culture of legal philosophies, the culture of a legal system, contractual culture, the culture of mediation, and the culture of justice. The topics encompass the origins of traditional Chinese law, the evolution of legal thoughts, the development of legal systems, the procedures and effects of legal practices, and the relationship between legal development and social change.


This book is primarily aimed at legal scholars, students, and practitioners who are interested in understanding Chinese traditional legal culture. It is also intended for readers with a moderate level of education or higher, who seek to understand Chinese legal history and culture.

Traditional Legal Culture in China

Prosecuting Superior Responsibility in International Criminal Law

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