Pluralism In International Criminal Law

Author: Elies van Sliedregt
Publisher: OUP Oxford
ISBN: 019100829X
Size: 55.40 MB
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Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

Skills Values Evidence

Author: John B. Mitchell
Publisher: LexisNexis
ISBN: 1579111629
Size: 35.66 MB
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Skills & Values: Evidence is one of the first titles in the new Skills & Values Series. The books in this new series are designed to enable professors to assign supplementary practice-oriented material to enrich their students' traditional study. Each book in the series includes robust online content that is delivered through Web Courses. The content for the Teacher's Manual is also posted to the supporting Web Course. The online components of these books add an exciting dimension because they are designed to teach the current media-saturated generation of students in ways that are more effective for them. Skills & Values: Evidence challenges students to apply the substantive content from their Evidence course in a way that helps them see what the doctrinal law of Evidence looks like when it "crosses a lawyer's desk." Each chapter offers a stand-alone exercise which focuses on a particular rule under the Federal Rules of Evidence. The exercises--which often include documents, diagrams, photographs, and trial transcripts--require students to put doctrine into action. Sometimes students are directed to make an argument to the trial court; other times, they are directed to conduct discovery, interview witnesses, examine witnesses on the stand to lay evidentiary foundations, or voir dire those witnesses to weaken the foundation. The materials are designed to allow students to self-assess, thus enhancing the learning experience while allowing professors maximum flexibility to choose the level of their own engagement.

Advances In Clinical Chemistry

Author:
Publisher: Academic Press
ISBN: 0128024666
Size: 71.54 MB
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Volume 67 in the internationally acclaimed Advances in Clinical Chemistry contains chapters authored by world renowned clinical laboratory scientists, physicians and research scientists. The serial provides the latest and most up-to-date technologies related to the field of Clinical Chemistry and is the benchmark for novel analytical approaches in the clinical laboratory. Expertise of international contributors Latest cutting-edge technologies Comprehensive in scope

Interpreter A Journal Of Mormon Scripture Volume 11 2014

Author: Daniel C. Peterson
Publisher: The Interpreter Foundation
ISBN: 150281546X
Size: 15.27 MB
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This is volume 11 (2014) of Interpreter: A Journal of Mormon Scripture published by The Interpreter Foundation. It contains articles on a variety of topics including the resurrection, meat and the Word of Wisdom, Book of Mormon geography, the language of the Book of Mormon, changes in the Book of Mormon, a review of Beam's American Crucifixion, and a look at "nonstandard" Book of Mormon grammar.

Evidence And The Advocate A Contextual Approach To Learning Evidence

Author: Christopher W. Behan
Publisher: LexisNexis
ISBN: 0327175044
Size: 64.95 MB
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Evidence and the Advocate teaches each rule of evidence using a three pronged approach: (1) a treatise-like explanation of the rule, its purposes, exceptions and foundations; (2) cases, discussion questions and hypothetical problems related to the rule; and (3) an application section in which the students must prepare a courtroom exercise putting the rule into action. This approach forms a teaching template for each rule of evidence. Each application exercise stands alone and has been designed to illuminate the rule being taught. The application exercises range from simple form-of-question drills to full-fledged evidentiary hearings. Some require minimal preparation, and others require significant out-of-class research and preparation. In the exercises, students serve as attorneys, witnesses, judges, and, in the more involved exercises, as a court of appeals. The exercises build on each other. The initial exercises focus on fundamental advocacy skills such as conducting a direct examination or laying the foundation for an exhibit. Later exercises incorporate these foundational skills for more complicated tasks such as writing a motion, impeaching a witness, or conducting a Daubert hearing on the reliability of expert testimony.

Law And Global Health

Author: Michael Freeman
Publisher: OUP Oxford
ISBN: 0191003468
Size: 21.15 MB
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Current Legal Issues, like its sister volume Current Legal Problems (now available in journal format), is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. Law and Global Health, the sixteenth volume in the Current Legal Issues series, offers an insight into the scholarship examining the relationship between global health and the law. Covering a wide range of areas from all over the world, articles in the volume look at areas of human rights, vulnerable populations, ethical issues, legal responses and governance.

Philosophical Foundations Of Fiduciary Law

Author: Andrew S. Gold
Publisher: OUP Oxford
ISBN: 0191005290
Size: 14.42 MB
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Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms. Notwithstanding its importance, fiduciary law has been woefully under-analysed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, new and important questions are raised by the book's chapters. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.

The Foundations Of International Investment Law

Author: Zachary Douglas
Publisher: OUP Oxford
ISBN: 0191508586
Size: 68.48 MB
Format: PDF, ePub
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International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.