The Philosophical Foundations Of Extraterritorial Punishment
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Author | : |
Publisher | : |
Total Pages | : 187 |
Release | : 2010 |
Genre | : Criminal jurisdiction |
ISBN | : 9780191725173 |
The principle of extraterritorial punishment, which enables national courts to exert jurisdiction over crimes committed abroad by nationals of other states, has become more accepted. This book provides an account and critique of this form of jurisdiction, exploring its links to globalization, terrorism and transnational crime.
Author | : Alejandro Chehtman |
Publisher | : Oxford University Press |
Total Pages | : 203 |
Release | : 2010-12-09 |
Genre | : Law |
ISBN | : 0199603405 |
1. Rights, Individuals, and States; 2. An Interest-based Justification for the Right to Punish; 3. Extraterritorial Jurisdiction over Municipal Crimes; 4. A Theory of International Crimes; 5. Extraterritorial Jurisdiction over International Crimes; 6. Legitimate Authority and Extraterritorial Punishment; 7. Conclusion.
Author | : Jan Narveson |
Publisher | : |
Total Pages | : 36 |
Release | : 1983 |
Genre | : Punishment |
ISBN | : |
Author | : Corey Lang Brettschneider |
Publisher | : Ashgate Publishing |
Total Pages | : 176 |
Release | : 2001 |
Genre | : Law |
ISBN | : |
Author | : Corey Lang Brettschneider |
Publisher | : |
Total Pages | : 200 |
Release | : 2000 |
Genre | : Capital punishment |
ISBN | : 9780754620648 |
Author | : Alejandro Eduardo Chehtman |
Publisher | : |
Total Pages | : 514 |
Release | : 2008 |
Genre | : |
ISBN | : |
Author | : Robert Cryer |
Publisher | : Cambridge University Press |
Total Pages | : 705 |
Release | : 2014-06-12 |
Genre | : Law |
ISBN | : 1107065909 |
This new edition of market-leading textbook contains both updated and new material to give the most current coverage of the subject.
Author | : Kevin E. Davis |
Publisher | : Oxford University Press |
Total Pages | : 345 |
Release | : 2019-07-31 |
Genre | : Law |
ISBN | : 019007082X |
When people pay bribes to foreign public officials, how should the law respond? This question has been debated ever since the enactment of the U.S. Foreign Corrupt Practices Act of 1977, and some of the key arguments can be traced back to Cicero in the last years of the Roman Republic and Edmund Burke in late eighteenth-century England. In recent years, the U.S. and other members of the OECD have joined forces to make anti-bribery law one of the most prominent sources of liability for firms and individuals who operate across borders. The modern regime is premised on the idea that transnational bribery is a serious problem which invariably merits a vigorous legal response. The shape of that response can be summed up in the phrase "every little bit helps," which in practice means that: prohibitions on bribery should capture a broad range of conduct; enforcement should target as broad a range of actors as possible; sanctions should be as stiff as possible; and as many agencies as possible should be involved in the enforcement process. An important challenge to the OECD paradigm, labelled here the "anti-imperialist critique," accepts that transnational bribery is a serious problem but questions the conventional responses. This book uses a series of high-profile cases to illustrate key elements of transnational bribery law in action, and analyzes the law through the lenses of both the OECD paradigm and the anti-imperialist critique. It ultimately defends a distinctively inclusive and experimentalist approach to transnational bribery law.
Author | : Ciara Laverty |
Publisher | : BRILL |
Total Pages | : 412 |
Release | : 2024-05-30 |
Genre | : Law |
ISBN | : 900468784X |
This book explores the normative dimensions of the acts that constitute international crimes. The book conceptualises the normative dimensions of these acts as processes of construction and meaning making. Developing a novel methodological approach, it identifies the narratives and discourses that emerge in practice as central for understanding the normative meanings of these acts. Using the crimes of attacks on cultural property, pillage, sexual violence and reproductive violence as case studies, the book offers a historical, conceptual, and discursive analysis of these crimes to develop a dynamic, pluralist and socially constructed account of wrong in international criminal law.
Author | : Cecile Fabre |
Publisher | : Oxford University Press |
Total Pages | : 526 |
Release | : 2016-08-18 |
Genre | : Philosophy |
ISBN | : 0191089567 |
This book articulates a cosmopolitan theory of the principles which ought to regulate belligerents' conduct in the aftermath of war. Throughout, it relies on the fundamental principle that all human beings, wherever they reside, have rights to the freedoms and resources which they need to lead a flourishing life, and that national and political borders are largely irrelevant to the conferral of those rights. With that principle in hand, the book provides a normative defence of restitutive and reparative justice, the punishment of war criminals, the resort to transitional foreign administration as a means to govern war-torn territories, and the deployment of peacekeeping and occupation forces. It also outlines various reconciliatory and commemorative practices which might facilitate the emergence of trust amongst enemies and thereby improve prospects for peace.