The Third Way

A Plea for a Balanced Cannabis Policy

Author: Cyrille J.C.F. Fijnaut,Brice de Ruyver

Publisher: BRILL

ISBN: 9004293191

Category: Law

Page: 238

View: 526

What is sensible when it comes to developing and implementing a policy with regard to products which in the case of regular use are harmful, but which at the same time exert a strong attraction, even so strong that people (may) become dependent on or addicted to them? This question relates to many illicit drugs, but these days it is, both nationally and internationally, mainly related to the policy regarding the production, distribution and consumption of cannabis. Generally speaking, the legalization of cannabis in Uruguay and in some states of the United States of America, in particular Colorado and Washington State, has given a powerful impetus to the discussion about the cannabis policy. In the Netherlands, that discussion has become increasingly relevant over the past years because of the struggle of coffeeshop owners and political parties. This volume offers the first English-language analysis of the situation in the Netherlands in order to make a contribution to the international debate on this heated topic. Since the 1960s, the Dutch cannabis policy has been an important point of reference in the international discussion about the policy that should be pursued regarding the use of cannabis. However, in international and foreign literature about cannabis policy the developments in the Netherlands are often depicted in an incomplete or one-sided manner, which has a negative impact on the quality of the international debate about what has happened and what should happen now. This volume seeks to redress that imbalance.

Handbuch Transitional Justice

Aufarbeitung von Unrecht - hin zur Rechtsstaatlichkeit und Demokratie

Author: Anja Mihr,Gert Pickel,Susanne Pickel

Publisher: Springer-Verlag

ISBN: 3658023929

Category: Political Science

Page: 571

View: 2364

Dieses Handbuch ist eine systematische und methodische Einführung in das Thema Transitional Justice, das bislang vor allem durch Länderstudien zur strafrechtlichen Aufarbeitung, Entschuldigungen, Kompensationen, Erinnerungsarbeiten oder Wahrheitskommissionen wie etwa zu Südafrika, Ruanda, Chile oder dem ehemaligen Jugoslawien, bekannt geworden ist. Die Beiträge zeigen best-practice ebenso auf wie die zahlreichen Maßnahmen, die inzwischen unter dem Konzept Transtional Justice in der Politik zur Anwendung gekommen sind und ein eigenes Forschungsfeld für die Wissenschaft darstellen. Dabei stehen weniger die Fallstudien im Mittelpunkt, sondern die methodische Ausrichtung zur Analyse und Bewertung der Transitional Justice-Prozesse. Materialreiche Fall- oder Areastudien bearbeiten den Umgang mit Unrechtsregimen; gezielte empirische Befunde werden für die verschiedenen Gebiete der Welt zur Illustration der Prozesse hinzugezogen. Der Band thematisiert vorrangig die Politikfelder Friedens- und Konfliktforschung, Demokratisierung und Demokratievergleich, Internationale Beziehungen und Zeitgeschichte.

Refugees, the State and the Politics of Asylum in Africa

Author: J. Milner

Publisher: Springer

ISBN: 0230246796

Category: Political Science

Page: 235

View: 7397

How do African states respond to the mass arrival and prolonged presence of refugees? This book answers this question by drawing on recent case studies and examining the politics behind refugee policy in Africa. The implications of this approach are important not only for the study of asylum in Africa, but also for the future of refugee protection.

An Equitable Framework for Humanitarian Intervention

Author: Ciarán Burke

Publisher: Bloomsbury Publishing

ISBN: 1782251278

Category: Law

Page: 398

View: 8491

This book aims to resolve the dilemma regarding whether armed intervention as a response to gross human rights violations is ever legally justified without Security Council authorisation. Thus far, international lawyers have been caught between giving a negative answer on the basis of the UN Charter's rules ('positivists'), and a 'turn to ethics', declaring intervention legitimate on moral grounds, while eschewing legal analysis ('moralists'). In this volume, a third solution is proposed. The idea is presented that many equitable principles may qualify as 'general principles of law recognised by civilised nations' - one of the three principal sources of international law (though a category that is often overlooked) - a conclusion based upon detailed research of both national legal systems and international law. These principles, having normative force in international law, are then used to craft an equitable framework for humanitarian intervention. It is argued that the dynamics of their operation allow them to interact with the Charter and customary law in order to fill gaps in the existing legal structure and soften the rigours of strict law in certain circumstances. It is posited that many of the moralists' arguments are justified, albeit based upon firm legal principles rather than ethical theory. The equitable framework proposed is designed to provide an answer to the question of how humanitarian intervention may be integrated into the legal realm. Certainly, this will not mean an end to controversies regarding concrete cases of humanitarian intervention. However, it will enable the framing of such controversies in legal terms, rather than as a choice between the law and morality. '...has potential to become one of the most important books in public international law of the decade, or in a generation'. Martin Scheinin, Professor of Public International Law, European University Institute, Florence

Emergency Politics in the Third Wave of Democracy

A Study of Regimes of Exception in Bolivia, Ecuador, and Peru

Author: Claire Wright

Publisher: Lexington Books

ISBN: 1498515282

Category: Political Science

Page: 230

View: 5341

Emergency Politics in the Third Wave of Democracy provides a comprehensive description and analysis of the ongoing—though varied—use of regimes of exception in Bolivia, Ecuador, and Peru. It identifies the implications of regimes of exception for democratic consolidation according to their use in practice./span

Tolerance Through Law

Self Governance and Group Rights In South Tyrol

Author: Jens Woelk,Francesco Palermo,Joseph Marko

Publisher: Martinus Nijhoff Publishers

ISBN: 9004163026

Category: Law

Page: 420

View: 3641

The autonomous province of South Tyrol in Northern Italy is generally considered to be one of the most successful examples for the solution of ethnic conflicts. This book gives an analysis of the evolution of the legal instruments and institutions of self-government and minority protection through power-sharing as well as of the experience gathered during decades of the implementation of a "working economy." It thus provides insights regarding the state and the evolution of this specific case as well as for the general tendencies in the development of territorial autonomy and minority protection.

The External Dimension of the EU’s Migration Policy

Different Legal Positions of Third-Country Nationals in the EU: A Comparative Perspective

Author: Katharina Eisele

Publisher: Martinus Nijhoff Publishers

ISBN: 9004265252

Category: Political Science

Page: 556

View: 3737

This book critically discusses whether the objective of creating a common EU migration policy can be achieved against the backdrop of a highly fragmented EU framework for migration law and policy by comparing the different legal positions of third-country nationals.

Accountability for Human Rights Atrocities in International Law

Beyond the Nuremberg Legacy

Author: Steven R. Ratner,Jason S. Abrams,James L. Bischoff

Publisher: OUP Oxford

ISBN: 0191018678

Category: Political Science

Page: 536

View: 2701

This book explores the promises and limitations of holding individuals accountable for violations of international human rights and humanitarian law. It analyses the principal crimes under international law, such as genocide, crimes against humanity, and war crimes, and appraises both prosecutorial and other key mechanisms developed to bring individuals to justice. After applying their conclusions in a detailed case study, the authors offer a series of compelling conclusions on the prospects for accountability. This fully updated new edition contains expanded coverage of national trials under universal jurisdiction, international criminal tribunals including the International Criminal Court, new hybrid tribunals in Cambodia and elsewhere, truth commissions, and lustration. It also explores individual accountability for terrorist acts and for abuses committed in the name of counter-terrorism policy.

European Asylum Law And International Law

Author: Hemme Battjes

Publisher: Martinus Nijhoff Publishers

ISBN: 9004150870

Category: Law

Page: 688

View: 5614

Community asylum law is becoming ever more essential to asylum law in Europe. But many intricate questions about this new body of law remain to be resolved. Do the Community rules weaken or improve the position of asylum seekers? Would a future Community asylum law have to observe international norms? What role should the Court of Justice play in asylum matters? And does the communautarisation of asylum law affect the possibilities of asylum seekers to approach domestic courts, or the European Court of Human Rights? These and other questions are addressed in this book. It offers, besides an in-depth study of the relation between European and international asylum law, a practical manual for European asylum law. It discusses the content and meaning of all Community regulations and directives on asylum, as well as their possible use (and reliability) in domestic proceedings.

Transparency and Proportionality in the Schengen Information System and Border Control Co-Operation

Author: Stephen Kabera Karanja

Publisher: Martinus Nijhoff Publishers

ISBN: 9004162232

Category: Political Science

Page: 466

View: 1334

This volume offers an evaluation of the Schengen Information System and border control co-operation from a transparency and proportionality perspective. It also incorporates a legal descriptive analysis of the co-operation in order to accommodate the changes and developments that occurred during the writing period. The transparency and proportionality perspectives are developed from human rights and data protection criteria. Transparency is understood as knowledge and accessibility to legal information as well as openness and accountability. On the other hand, proportionality is a requirement for guidance, balance and justification as well as a need to avoid excessiveness and arbitrariness in border control work. The final findings reveal that the Schengen co-operation suffers from a deficiency of transparency and proportionality. Consequently, measures are proposed to augment the deficiency. Even as this study was reaching its conclusion, fundamental legislative changes, closely similar to some of the arguments and recommendations projected in this study, took place. The efficacy of these changes is yet to be discerned.

Religion and International Law

Author: Mark W. Janis,Carolyn Maree Evans

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041111746

Category: Political Science

Page: 513

View: 3076

One of the great tasks, perhaps the greatest, weighing on modern international lawyers is to craft a universal law and legal process capable of ordering relations among diverse people with differing religions, histories, cultures, laws, and languages. In so doing, we need to take the world's peoples as we find them and not pretend out of existence their wide variety. This volume builds on the eleven essaysedited by Mark Janis in 1991 in The Influence of Religion and the Development of International Law, more than doubling its authors and essays and covering more religious traditions. Now included are studies of the interface between international law and ancient religions, Confucianism, Hinduism, Judaism, Christianity, and Islam, as well as essays addressing the impact of religious thought on the literature and sources of international law, international courts, and human rights law.

Security Flashpoints

Oil, Islands, Sea Access and Military Confrontation ; [twenty-first Annual Seminar Held at the UN Plaza Hotel in New York City from February 7 - 8, 1997]

Author: Myron H. Nordquist,John Norton Moore,University of Virginia. Center for Oceans Law and Policy

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041110565

Category: Law

Page: 480

View: 5674

"Security Flashpoints: Oil, Islands, Sea Access and Military" "Confrontation" covers a range of controversial issues rife with potential for provoking military confrontation in the world's salt water areas. Understanding the factual setting for flashpoints in the oceans requires an appreciation of the geographic circumstances of the disputants. This work starts with a global overview of island disputes provided by two leading geographers. They examine the pivotal relationship between sovereignty claims to islands and delimitation of ocean boundaries throughout the world. The most serious and complicated series of island disputes exists in the South China Sea where multiple national claims are asserted to sovereignty over the Spratly and Paracel Islands. This work gives not only an update on the status of the informal negotiations over the past several years but also the most complete insider's account so far made available in print of the unresolved issues. A suggestion is made for a constructive step toward a peaceful solution by outlining a Spratly Resource Development Agency. Another area that is brought to the attention is Southeastern Europe: the Danube River, the Adriatic Sea, the Caspian and Black Seas with particular emphasis on navigation through the Dardanelles; a definitive analysis is given of the critical freedom of navigation issues in the Strait of Hormuz as well as a comprehensive commentary on the outstanding boundary delimitation controversies in the Persian Gulf. The island and delimitation disputes in East Asian seas are also extensively discussed. The book finishes with a concept of adding political power to the legal doctrine of critical date' in settling maritimeboundary disputes. This work is of particular importance to lawyers involved in the seminal role that the Rule of Law plays for the peaceful resolution of ocean disputes. The work is based on a conference jointly sponsored by the Council on Foreign Relations, the Center for Oceans Law and Policy and the Center for National Security Law, University of Virginia School of Law.

International Criminal Law

A Collection of International and European Instruments

Author: Christine Van den Wijngaert,Guy Stessens,Liesbeth Janssens

Publisher: Martinus Nijhoff Publishers

ISBN: 9004142320

Category: Law

Page: 1

View: 1464

The present collection is a selection of the most important instruments. It is meant to guide students and practitioners through the labyrinth. Its focus is on international (universal) and European instruments.

Case Law on Equitable Maritime Delimitation

Digest and Commentaries

Author: Robert Kolb

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041119766

Category: Law

Page: 575

View: 3827

This book provides a complete overview of the jurisprudence on maritime delimitation. Each case is presented under a series of identical headings, so as simultaneously to provide the reader with a complete analysis of the individual case and a uniform measure of comparison with other cases. The headings are as follows: geographical context; submissions and arguments of the parties; specific features of the case; the judgement, broken down into its various elements; individual and dissenting opinions; and academic comment (together with a bibliography). The longest section on each case is that devoted to the judgement. The analysis of each relevant element (the role of third States, equity, equidistance, the displacement of a provisional line, islands, proportionality etc.) is presented in three ways: (1) a brief introductory part introducing, and offering a critique of, the essential features of the relevant part of the decision; (2) relevant extracts from the judgement; (3) commentaries (either brief or more developed, according to the needs of the case), that endeavour to bring out the substance of the judgement, in particular by drawing out the various consequences, making connections with previous and future cases so as to chart the development of the jurisprudence, and offering critical reflections. The book thus presents a complete panorama of the jurisprudential problems associated with maritime delimitation. The clarity and comprehensive nature of the presentation, and the quality of the commentaries, makes it an indispensable reference work for academics and for practitioners alike.

Asian Yearbook of International Law

1992

Author: Swan Sik

Publisher: Martinus Nijhoff Publishers

ISBN: 9780792322399

Category: Law

Page: 460

View: 4114

The "Asian Yearbook of International Law" is the first publication dedicated primarily to international law as seen from an Asian perspective. It provides a forum for the publication of articles in the field of international law written by experts from the region, and also other articles relating to Asian topics. Its aim is twofold: to promote the dissemination of knowledge of international law in Asia and to provide an insight into Asian views and practices, which will be especially useful to a non-Asian readership. As a rule, each volume of the "Asian Yearbook" contains Articles, Notes, State Practice, a Chronicle of Events and Incidents, United Nations Activities with Special Relevance to Asia, a Survey of Activities of the Asian-African Legal Consultative Committee, a Bibliography and a Documents section.

Private International Law

The Soviet Approach

Author: Mark Moiseevich Boguslavskiĭ

Publisher: Martinus Nijhoff Publishers

ISBN: 9789024736294

Category: Law

Page: 261

View: 3638

A hands-on approach to the privatization process in Eastern Europe, divided into the following categories: Guidelines for Foreign Purchasers of State Enterprises A Business Survival Guide for Getting Things Done in Kiev Critical Challenges of Capital Formation The Greenfield Approach to Privatization Vouchers & their Practical Use Detailed Analysis of the Particulars of the Privatization Procedures in Russia, Ukraine, Poland, the Czech Republic & Slovakia, & Hungary. Furthermore, Privatization in Eastern Europe includes a list of all privatization laws.

The Law And Practice Of The International Court, 1920-2005

Author: Shabtai Rosenne,Yaël Ronen

Publisher: Martinus Nijhoff Publishers

ISBN: 9004139583

Category: Law

Page: 1

View: 8088

The popularity of his monumental and definitive works have established Shabtai Rosenne as the undisputed expert on the International Court of Justice s law and practice. His broad exchange of correspondence and extensive conversations with members of the Court and its Registrars, as well as with other friends who know the Court and its practices well, and his experience in the Court and in the UN, especially the General Assembly and the Security Council, led him to undertake this major reconstruction of this work in the previous edition. Now divided into several substantive volumes, the work addresses: The Court as one of the principal organs, and as the principal judicial organ of the United Nations. Diplomats and legal advisers who have to deal with matters relating to the Court on a political level, in different organs of the United Nations and in other offices will appreciate the full discussion of the diplomatic, political, and administrative aspects of the Court s affairs. Jurisdiction and the treatment of jurisdictional matters by the Court. This volume also includes the Court s advisory jurisdiction; the advisory work has related to very difficult legal issues in matters of major political import. The Court s procedure.All of these arenas have undergone significant recent changes. The work s practical features include the English text of the Charter of the United Nations, the Statute of the Court, the Practice Directions, and the 1978 Rules of the Court, together with a full set of indexes. The Fourth Edition (updated until 31 December 2005) of The Law and Practice of the International Court is an essential component of all international law libraries and an indispensable work for those practicing in the field, all of whom will appreciate access to the most recent work on the Court from this expert author.