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Afghanistan is often viewed as a failing state. The international intervention, following 9/11, could fit with the country's domestic modernisation efforts, King Ammanullah's in the 1920s and Zahir Shah's in the 1960s. Yet, such developments had been stalled time and again, first due to conservative resistance, then the 1979 Soviet occupation, and the subsequent rise of Mujahidin and Taliban. The post-2001 overhaul remained an outsider's enterprise and lacked proper connection to Afghanistan's political and legal institutions. Interventions in the criminal justice sector focused more on the War on Terror than on the development of criminal justice institutions such as prisons. Historically, various Afghan regimes used prisons to lock up adversaries. Each regime change, saw prisoners become wardens and vice versa and prison management was dominated by the military. Pul-e-charkhi, a Russian era and high security prison near Kabul, with app. 13000 prisoners - half of them being Taliban fighters - was a case study. The author conducted numerous interviews with inmates about their conditions, hoping to help improve the prison's rehabilitation efforts. Yet, apart from some education and industrial programmes, rehabilitation activities remained very limited. At present, the Taliban are in control again. This study offers little hope for short-term improvements. This is a volume in the series of the Meijers Research Institute and Graduate School of the Leiden Law School of Leiden University. This study is part of the Law School's research programme 'Criminal Justice: Legitimacy, Accountability and Effectivity' and research programme 'Effective Protection of Fundamental Rights in a pluralist world'.
Restorative justice is a way of doing justice in which the focus is on restoring the damage caused by a crime. This involves not only restoring material and immaterial damage, but also restoring relational and moral damage. This is best achieved through processes that enable all stakeholders to engage in a dialogue and reach agreements on restoration. This could include victim-offender-mediation as well as conference models that also involve the community. In his inaugural address, Jacques Claessen sets out why he sees restorative justice - unlike criminal justice - as an emancipated and mature approach to crime, both in terms of distributive and procedural justice. Drawing on the Golden Rule ('Treat another as you would like to be treated yourself') and the accompanying view of mankind and the world, he shows that the retribution of evil with evil that is central to criminal law, should be replaced by the retribution of evil with good as much as possible. In this context, he sees an important role for restorative justice.
The Hungarian Yearbook of International Law and European Law comprises a collection of articles written mainly by Hungarian authors, covering developments in the field of international law and EU law, and progress in the domestic implementation and application of these fields of law. The thematic chapter of Vol. 10 (2022), entitled 'Gab¿íkovo-Nagymaros Project Case Judgment: 25 Years On', focuses on one of the most important environment-related cases of the ICJ, and its impact on the development of international (environmental) law. The Anniversary section is dedicated to the 100th anniversary of the establishment of diplomatic relations between the United States and Hungary. The Yearbook also contains numerous articles on new developments in European law and international law, Hungarian state practice, case notes and book reviews. The Yearbook offers a comprehensive picture of the state of application and implementation of international law and EU law in Hungary.
On 10 March 2023, John Vervaele retired as professor of Economic and European criminal law at Utrecht University. On the occasion of that farewell, this liber amicorum was presented to him. It comprises 85 contributions, written in a variety of languages by friends, colleagues and former colleagues from all over the world. The contributions are ...
This is the fourth edition of the acclaimed volume of Milde's International Air Law and ICAO, first published in 2008. It has now been fully revised by Dr. Attila Sipos, LL.M., to take the latest developments and events into account. Specialized legal literature dealing with different aspects of international air law is scarce, the developments often overtake the existing writings and there is a continuous need not only for updating but also for futureoriented thinking. There is a practical need for a compact but exhaustive and easily comprehensible textbook or reference book that deals with the most general aspects of international air law, as well as with constitutional issues and the law-making functions of the International Civil Aviation Organization (ICAO). This book fills this gap as a general treatise aimed at the needs of scholars and practitioners, government authorities, aviation industry experts and journalists.This book was motivated by Prof. Milde's 25 years of experience (1966-1991) in the Secretariat of ICAO in Montreal - his last eight years as Director of the Legal Bureau. In equal measure the inspiration for the content of this book came from the author's academic work. He was the Director of the Institute of Air and Space Law (IASL) of McGill University (1989-1998) and was teaching graduate students from different parts of the world and different legal cultures until 2006.
Wherever you are right now, there's a good chance that an object in your vicinity is connected to the stories told in this book. The phone in your pocket, the chair you're sitting on, or the shirt you're wearing - they likely travelled to you on a large container ship, which burned bunker fuel. Alternatively, petroleum-based substances were likely used in their production, which involved the generation of waste oils. We rarely talk about waste oils or bunker fuel, yet they are essential to our modern existence. They are also dangerously intertwined: waste oils are systematically blended into bunker fuel at the cost of our health and that of our planet. These activities violate international and EU law. In the Netherlands, they are criminal offences. Also in the Netherlands, unique efforts have been made to fight these crimes. This book draws on never-before used data on both crimes and enforcement to shed light on this murky world. Whether you are professionally or privately engaged in contrasting corporate crime or environ mental harm, this book can enhance your perspective and toolset.
A transfer of criminal proceedings may take place between a judicial authority from one Member State and a judicial authority in another Member State when it is in the interest of a proper administration of justice that a criminal offence is further investigated and prosecuted in the second Member State.There was a general feeling among experts on judicial cooperation in the Member States that the current practice of transferring criminal proceedings could and should be improved. Researchers from the Erasmus University Rotterdam, together with the Amsterdam Public Prosecution Office, Bielefeld University and the Belgian Federal Prosecution Office took the initiative to start a a research project on the Transfer of criminal proceedings in the EU (TROP). The project was funded by the European Commission.This report contains the conclusions of the TROP research project. It outlines the current practice of transferring criminal proceedings in the EU, it identifies the main challenges experienced by practitioners and describes possible solutions to those challenges. These solutions were tested in multiple discussions between practitioners, academics and policy makers.During the TROP research project, it became clear that the European Commission would propose a new legislative instrument on the transfer of criminal proceedings in the near future. In the report, we tried to anticipate the content of such a proposal and the discussion in the Council and in the European Parliament. To this end, we have formulated our proposals for improving the transfer of proceedings as building blocks for a possible EU-legal instrument.
The European Union is today a major player in many policy areas, going from classic economic fields as competition policy, agriculture and fisheries policy to new emergent fields as environmental policy, arterial intelligence policy, security and foreign policy and criminal justice policy. These policies comes with an increasing level of EU regulation, having also a substantive impact on the harmonization of national policies and regulations. This expansion of EU competence naturally also places new demands on their enforcement, especially when it comes to investigations with the aim of imposing punitive administrative and/or criminal sanctions.In this expanded version of his valedictory lecture Prof. Vervaele is assessing 1) to what extent the EU and its Member States have a policy on punitive enforcement in the internal market and in the Area of Freedom Security and Justice and 2) how this policy translates into the harmonization of substantive administrative and criminal law and procedural law at the national level and into the elaboration of administrative and judicial cooperation instruments and the setting up of European enforcement agencies. The assessment includes to what extent this policy takes account of the human rights obligations.Prof. Vervaele concludes with a plea for a European model for punitive law enforcement with an increased alignment between the administrative enforcement tools in the internal market and the criminal enforcement tools in the Area of Freedom, Security and Justice. In this model the national enforcement authorities are built in under a network cooperation scheme.
The Good Lives Model is an upcoming theoretical rehabilitation framework that is used increasingly in juvenile offender rehabilitation. This book provides in-depth knowledge about the Good Lives Model, its underlying theories, and how it differs from traditional rehabilitation methods. Furthermore it helps to gain a better understanding of the underlying causes of criminal behavior in juveniles, and the challenges they face in reintegrating into society. It combines state-of-the art theoretical literature reviews with both qualitative and quantitative scientific research methods to comprehensively assess the applicability of the Good Lives Model with adolescents.Juvenile Delinquency and Rehabilitation is a valuable book for professionals and researchers working in or studying the field of juvenile justice and youth care.
This book is about the history of the law faculty of the Roman Catholic (RC) University in Nijmegen, starting from its foundation in 1923. In addition to a description of the ups and downs of this faculty, it also contains portraits of the most important professors and lecturers. These portraits not only focus on their lives and work. They also deal with questions such as: What common motives did the professors and lecturers have? What role did the Catholic faith play in their work? How did they cope with the occupation in the 1940s and the secularisation in the 1960s? What methods did they use in practicing their profession?In addition to the history of the Faculty of Law in Nijmegen, the book also sketches a picture of the development of legal science and the impact of social developments on the functioning of the Faculty in the past century. It is therefore interesting for anyone interested in the development of law since the First World War.
On 27 January 1186 the German king Henry VI, son and heir of the Roman Emperor Frederick I 'Barbarossa', married Constance of Hauteville, heir to the throne of Sicily, in the Basilica of St Ambrose in Milan. The royal wedding sealed the union of the Kingdom of Sicily and the Holy Roman Empire, creating an enormous empire stretching from the shores of the North Sea to the beaches of Africa. The union also incited a major geopolitical conflict dominating European politics in the thirteenth century since it seriously compromised the sovereignty which the Roman papacy professed to exercise over all Christendom as well as the territorial integrity of the Papal State. Consequently, succeeding popes ( Innocent III, Gregory IX and Innocent IV) endeavoured to undo that union at all costs. The ensuing struggle between the Roman papacy and the Hohenstaufen emperors culminated in the deposition of the Emperor Frederick II by Pope Innocent IV on the First Council of Lyon in 1245, resulting in the final dissolution of the union of the Empire and the Kingdom of Sicily and the extermination of the Hohenstaufen race. By inviting a foreign prince, Charles of Anjou, brother to King Louis IX of France, to fight the last of the Hohenstaufens, papal politics ultimately turned the Italian peninsula into a battlefield for the two major powers of early-modern Europe: Spain and France.The origins, the vicissitudes, and the consequences of the union of the Empire and the Kingdom of Sicily are the subject of the first part of this book. The second part deals with the trial of Frederick II at Lyon, the court and its competence, the law involved and, lastly, the execution and aftermath of the sentence of the court.
Criminal justice is primarily designed to serve the public interest in relation to criminal acts. Restorative justice is designed to address the harm-related needs of individuals in the aftermath of wrongdoing. These distinct aims require such different processes and priorities that any attempt to integrate restorative justice within the criminal justice system will almost invariably undermine the quality and effectiveness of both. In this book, the author argues that the optimal relationship between the two should therefore be one of maximum independence: the instruments of the state should not be used to impose or enforce the decision to participate in restorative justice, any component of the restorative justice process or its outcome. It is also suggested that, in the absence of legislative innovation, this kind of separation is likely to require that restorative justice is situated after a case has actually exited the justice system, or after it has, in legal terms, effectively done so, as in a post-sentence context.Visit the author's homepage here: https://relationalapproaches.com/parallelism/
Belgium has one of the highest numbers of Jihadist fighters per capita in Europe. A large group of often young men and women left Belgium for the IS Caliphate in Syria and Iraq. This book focuses on the law governing this situation, with its aim being twofold. First, it provides a comprehensive and detailed overview of the legal framework. Second, it provides suggestions on how to improve the framework, both with a view to effectiveness and with respect for fundamental rights and principles.This book can serve as a valuable source of information for any (legal) practitioner who is confronted with returnees. In addition, any person with an interest in and/or personal experience with the subject will gain a much greater understanding of the situation of returnees based on the legislation applicable to them.This book is part of a BELSPO funded project called Reguide, which aims to develop an integrative and gendered approach for the reintegration of Belgian returnees in society.
This textbook provides an overview of the general functioning of international law, rather than presenting an extensive overview of the immense developments of international law in the last few decades. These developments cover a wide range of topics, including the regulation of the subjects, sources, state responsibility, the means of dispute s...
The Unified Patent Court (UPC) is a new European court, comprising the best patent judges from all participating Member States of the European Union. This court will open its doors in April 2023, which will have a profound and lasting impact on the European patent landscape. This collection of laws includes i) the Rules of Procedure of the UPC and ii) the other relevant legal texts setting out the legal framework of the UP and the UPC. We hope it will facilitate your endeavours to embark on your journey to explore the 'Brave New World' of UPC patent litigation.
Climate change poses tremendous legal challenges. The law is still largely unsettled. Seeing the global consequences of GHG emissions, many enterprises may face litigation before courts in multiple jurisdictions. The outcome of these cases is often hard to predict. It is in the best interest of humankind and the environment to create global obligations, for instance in the form of concrete obligations of States and enterprises, which can be applied by courts around the globe. Using a myriad of legal sources as a basis, this book explores recurring legal features and remedies in the context of climate litigation. It explores the advantages and disadvantages of specific choices, while recognizing that there are often no self-explanatory answers. The lessons drawn are applied to hypothetical future cases. Climate Litigation in a Changing World provides a basis for well-reasoned choices about measures that could, and will likely have to be, effectuated. Taking insufficient measures may give rise to liability. A keen understanding of these issues is vital for legal advisors, investors, NGO's, businesses and prospective lawyers to anticipate future legal developments.
This textbook is the English translation and revised edition of Recht van de Europese Unie.The law of the European Union is an important part of the legal systems of all its member states, but it has implications far beyond the shores of Europe. As a result, most law faculties inside and outside Europe offer one or more EU law courses.European Union Law. A Textbook provides a broad overview of the main aspects of the law of the European Union. It is aimed both at beginning and advanced students who will find this book a useful guide to the law of the European Union. The many references, both to primary and secondary sources, and the analysis and reflections offered throughout the book in clearly marked textboxes will aid the more advanced student and scholar of EU law in their studies.This textbook deals with:• the basic principles underlying the EU legal order,• the institutions of the Union,• legal protection in EU law,• the law on market integration,• EU competition law,• the law on economic and monetary union,• EU external law and policy,• a contextual history of European integration.In addition to providing an overview of the law of the European Union, the book also covers the implications of the European sovereign debt crisis, Brexit, the COVID-19 pandemic, digital markets and many more current topics that shape EU law.
"What exactly is the arranged marriage?" That is the central question that this book evolves around. The author argues that the arranged marriage is often misrepresented in academic literature as it is generally analyzed through a Eurocentric lens. This is not a neutral lens. The Eurocentric frame perceives the free-choice marriage system as the ideal. As a result, the arranged marriage is perceived to be a lesser marital tradition, a "marriage of shortcomings", one that fails to meet the standards of the free-choice marriage system. The author invites readers to break this frame and to study the arranged marriage and its dynamics with fresh eyes. Filling an academic gap, Tahir's book provides a unique critical examination of the social principles that lie at the heart of the arranged marriage system, such as guardianship, hierarchical interdependence, group loyalty, marriage and risk management, and the role of parental authority in the promotion of individual marital consent. Knowledge of these foundational principles will hugely contribute to an unbiased understanding of the arranged marriage and of the modernization the arranged marriage is currently undergoing. Breaking Eurocentric Frames on Arranged Marriage is a necessary and valuable handbook for understanding the cultural heritage of a marriage system that is practised by millions around the world.
In this farewell speech on the occasion of his retirement as Professor of Comparative Constitutional Law at Maastricht University, given in March 2022, Aalt Willem Heringa discusses the too often ignored role of courts as interpreters of statutes. The courts, by checking the (constitutional) quality of statutes, contribute to the rule of law and parliamentary democracy. Independent courts may add to the confidence in a constitutional and parliamentary system as a whole, by being in a position to decide cases on contentious issues as an authoritative third branch of government. Moreover, courts can also make it visible to all that not only are citizens bound by the law, but that rules and fundamental principles also apply to politicians. Being subject to legal rules is not an indication of weakness, as politicians often want us to believe. On the contrary, it is an expression of strength: the strength of the safeguards for the proper functioning of our political system, which is embedded in the law. Furthermore, Heringa puts forward proposals on how to embed this essential role and function of courts into the Dutch constitutional order. He also shows how courts are an essential feature that builds trust in the constitutional system, allows for the protection of individual rights and fundamental values and even leads to a strengthening of parliamentary democracy.
A new edition of this book will be published in June 2023.Constitutions Compared was previously published by Intersentia. Changes made in respect to the previous edition >The sixth edition of this widely utilized handbook provides a userfriendly and original and innovative introduction to comparative constitutional law. For each area of constitutional law, a general introduction and a comparative overview is provided, which is then followed by more detailed country chapters on that specific area. In this sixth edition, the author has expanded several chapters to provide for even more detail on national legal systems, providing examples from constitutional practice, and offering constitutional comparison. Naturally the book has been updated to include constitutional events until May 2021. This book most notably includes many constitutional developments in the constitutional systems within our scope. Including the `Brexit' and the new compositions of the national parliaments and the European Parliament. What also sets this book apart is that the EU has been woven into it, as a constitutional system per se and as an international organization which heavily impacts upon domestic constitutional law of its member-states.This handbook is strong in building the relevant constitutional concepts and the constitutional structures, as well as illustrating them with examples and constitutional and political practice. It also provides readers in general and students of constitutional law with tools and basic questions to address constitutional issues and to evaluate the different constitutional models and features.Constitutions Compared has proven its success as a helpful guide for students who are for the first time exploring comparative constitutional law, and for more advanced graduate-level courses it provides a solid foundation. It remains a thorough introduction which purports to give an overview, with many examples and applications in practice, with enough legal and practical details to be accessible and to the point, whilst at the same time providing the whole picture and highlighting general constitutional questions and perspectives.
Over the past ten to fifteen years the police in many Western European countries have undergone a series of profound organisational changes. The police now appear to operate at a greater distance from citizens, they are more impersonal and decontextualized and have become more dependent on digitalised data systems.These changes are captured through the concept of the 'abstract police' and in this international collection of essays, leading policing scholars use this concept to make sense of contemporary changes to police organisations.Drawing on empirical evidence from a wide range of policing contexts, the individual chapters address major questions about current developments in policing:How are police organisations being shaped by the social, cultural, technological and political contexts in which they operate?How does the concept of the abstract police help understanding of the complex interplay between change and continuity in policing?Is the emergence of an abstract police the unintended outcome of processes of rationalization or a deliberate response to the new complexities of late modernity?Over the past ten to fifteen years the police in many Western European countries have undergone a series of profound organisational changes. The police now appear to operate at a greater distance from citizens, they are more impersonal and decontextualized and have become more dependent on digitalised data systems.
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