the ashgate research companion to international criminal law critical perspectives

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The Ashgate Research Companion To International Criminal Law

Author : Yvonne McDermott
ISBN : 9781317043157
Genre : Law
File Size : 54. 54 MB
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International criminal law is at a crucial point in its history and development, and the time is right for practitioners, academics and students to take stock of the lessons learnt from the past fifteen years, as the international community moves towards an increasingly uni-polar international criminal legal order, with the International Criminal Court (ICC) at the helm. This unique Research Companion takes a critical approach to a wide variety of theoretical, practical, legal and policy issues surrounding and underpinning the operation of international criminal law as applied by international criminal tribunals. The book is divided into four main parts. The first part analyses international crimes and modes of liability, with a view to identifying areas which have been inconsistently or misguidedly interpreted, overlooked to date or are likely to be increasingly significant in future. The second part examines international criminal processes and procedures, and here the authors discuss issues such as victim participation and the rights of the accused. The third part is a discussion of complementarity and sentencing, while the final part of the book looks at international criminal justice in context. The authors raise issues which are likely to provide the most significant challenges and most promising opportunities for the continuing development of this body of law. As international criminal law becomes more established as a distinct discipline, it becomes imperative for international criminal scholarship to provide a degree of critical analysis, both of individual legal issues and of the international criminal project as a whole. This book represents an important collective effort to introduce an element of legal realism or critical legal studies into the academic discourse.

The Ashgate Research Companion To International Criminal Law

Author : Ms Niamh Hayes
ISBN : 9781409472537
Genre : Law
File Size : 34. 17 MB
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This unique Research Companion takes a critical approach to a wide variety of theoretical, practical, legal and policy issues surrounding and underpinning the operation of international criminal law as applied by international criminal tribunals. The authors raise issues which are likely to provide the most significant challenges and most promising opportunities for the continuing development of this body of law.

Fairness In International Criminal Trials

Author : Yvonne McDermott
ISBN : 9780191060410
Genre : Law
File Size : 37. 71 MB
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With the acceptance of international criminal procedure as a self-sustaining discipline and as the tribunals established to try the most serious crimes in the former Yugoslavia, Sierra Leone, and Rwanda have completed or are beginning to wind up their activities, the time is ripe for a critical evaluation of these international criminal tribunals and their legacy. By examining the due process standards embraced by the five contemporary international criminal tribunals, the author draws conclusions about how the right to a fair trial should be interpreted in international criminal law. This volume addresses key conceptual questions on fairness, including: should international criminal tribunals set the highest standards of fairness, or is it sufficient for their practice to be 'just fair enough'? To whom does the right to a fair trial attach, and can actors such as the prosecution and victims be accurately said to benefit from that right? Does fairness require the full realization of a number of guarantees owed to the accused under the statutory frameworks of international criminal tribunals, or should we instead be concerned with the fairness of the trial 'as a whole'? What is the interplay between domestic and international courts on questions of procedural fairness? What are the elements of fairness in international criminal proceedings? And what remedies are available for breaches of fair trial rights? Through an in-depth exploration of the right to a fair trial, the author concludes that international criminal tribunals should have a role in setting the highest standards of due process protection in their procedures, and that in so doing, they can have a positive impact on domestic justice systems.

The Ashgate Research Companion To Ethics And International Relations

Author : Patrick Hayden
ISBN : 9781317043539
Genre : Political Science
File Size : 83. 65 MB
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While skepticism about the role of moral considerations in international politics has been influential within the discipline of international relations (IR), those writing on topics such as war, peace, rights and trade up until the twentieth century took seriously the importance of ethical values and moral debates. The 1990s and 2000s have seen a substantial growth of attention to the ways in which IR conceives and analyzes themes of an ethical nature, and how issues, problems and policies involving ethics are addressed by a variety of actors within the international system. This indispensable research companion widens the perspective from 'ethics and international relations' to 'ethics in international relations', redressing the (mis)perception that ethical concepts, principles, norms and rules are not in part constitutive of the international system and the agents acting within that system. Necessarily cross-disciplinary, expertise is drawn from IR and also philosophy, political theory, religious studies, history and law, making this an ideal volume for any library reference collection.

Pluralism In International Criminal Law

Author : Elies van Sliedregt
ISBN : 9780191008290
Genre : Law
File Size : 49. 96 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.

The Ashgate Research Companion To Fan Cultures

Author : Dr Stijn Reijnders
ISBN : 9781409455622
Genre : Social Science
File Size : 52. 7 MB
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The twenty-two chapters of this volume elucidate the key themes of the fan studies vernacular. As the contributing authors draw from recent empirical work around the globe, the book provides fresh insights and innovative angles on the latest developments within fan cultures, both online and offline. Because the volume is specifically set up as companion for researchers, the chapters include recommendations for the further study of fan cultures. As such, it represents an essential reference volume for researchers and scholars in the fields of cultural and media studies, communication, cultural geography and the sociology of culture.

The Ashgate Research Companion To Chinese Foreign Policy

Author : Emilian Kavalski
ISBN : 9781317043898
Genre : Political Science
File Size : 22. 62 MB
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The Ashgate Research Companion to Chinese Foreign Policy draws out the full range of topics and issues that characterise China's external affairs. The volume is intended to provide an overview of Chinese foreign policy that will be relevant both to experts in the field as well as those that are just starting to grapple with Beijing's international outlook. The investigation of Chinese foreign policy offered by the volume is divided into seven parts: - Part I focuses on the historical evolution of Chinese foreign policy by detailing the specific traditions and the altering paradigms of Beijing's external outlook proffered for the explanation and understanding of Chinese foreign policy - Part II discusses the different analytical perspectives proffered for the explanation and understanding of Chinese foreign policy - Part III considers the domestic sources of Chinese foreign policy - Part IV analyses the international impact of Beijing's outreach - Part V of the volume begins the exploration of China's relations with specific international actors - Part VI investigates the regional interactions of Chinese foreign policy - Part VII of the volume draws attention to several issues impacting both the practice and the understanding of Chinese foreign policy This Companion draws a vivid picture of the full spectrum of topics, issues, and relationships that define China's international interactions. The collection therefore provides a relevant point of departure for anyone interested in learning about Beijing's external affairs. Owing to the wide range of themes and ideas, this volume is essential reading for students of Chinese foreign policy.

The Ashgate Research Companion To Political Violence

Author : Marie Breen-Smyth
ISBN : 9781317042099
Genre : Political Science
File Size : 69. 49 MB
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Aimed at scholars, students and lay persons interested in peace and conflict studies, The Ashgate Research Companion to Political Violence is a comprehensive resource to understand the principal debates on political violence, a field which is becoming an increasingly important part of courses on peace and conflict. Organized into seven main sections, this volume deals with a wide range of issues covering the following important research areas: · Issues of definition and nomenclature and how contests over these relate to political violence. · Theoretical frameworks and methods for understanding and researching political violence. · Motivations and goals of those who use political violence. · The various forms of political violence. · Perspectives on countering political violence, by state and non-state actors. · Why and how political violence ends. · The aftermath of political violence. Contributions by leading scholars in the field provide an authoritative guide and source book on political violence for the scholar, the researcher and the informed general reader.

The Ashgate Research Companion To Moral Panics

Author : Charles Krinsky
ISBN : 9781317042426
Genre : Social Science
File Size : 74. 58 MB
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The Ashgate Research Companion to Moral Panics offers a comprehensive assemblage of cutting-edge critical and theoretical perspectives on the concept of moral panic. All chapters represent original research by many of the most influential theorists and researchers now working in the area of moral panic, including Nachman Ben-Yehuda and Erich Goode, Joel Best, Chas Critcher, Mary deYoung, Alan Hunt, Toby Miller, Willem Schinkel, Kenneth Thompson, Sheldon Ungar, and Grazyna Zajdow. Chapters come from a range of disciplines, including media studies, literary studies, history, legal studies, and sociology, with significant new elaborations on the concept of moral panic (and its future), informed and powerful critiques, and detailed empirical studies from several continents. A clear and comprehensive survey of a concept that is increasingly influential in a number of disciplines as well as in popular culture, this collection of the latest research in the field addresses themes including the evolution of the moral panic concept, sex panics, media panics, moral panics over children and youth, and the future of the moral panic concept.

Music Technology And Education

Author : Andrew King
ISBN : 9781317091516
Genre : Music
File Size : 67. 77 MB
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The use of technology in music and education can no longer be described as a recent development. Music learners actively engage with technology in their music making, regardless of the opportunities afforded to them in formal settings. This volume draws together critical perspectives in three overarching areas in which technology is used to support music education: music production; game technology; musical creation, experience and understanding. The fourteen chapters reflect the emerging field of the study of technology in music from a pedagogical perspective. Contributions come not only from music pedagogues but also from musicologists, composers and performers working at the forefront of the domain. The authors examine pedagogical practice in the recording studio, how game technology relates to musical creation and expression, the use of technology to create and assess musical compositions, and how technology can foster learning within the field of Special Educational Needs (SEN). In addition, the use of technology in musical performance is examined, with a particular focus on the current trends and the ways it might be reshaped for use within performance practice. This book will be of value to educators, practitioners, musicologists, composers and performers, as well as to scholars with an interest in the critical study of how technology is used effectively in music and music education.

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