Active Complementarity
Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
Page : 598 pages
File Size : 36,77 MB
Release : 2011-12-01
Category : Law
ISBN : 8293081554
Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
Page : 598 pages
File Size : 36,77 MB
Release : 2011-12-01
Category : Law
ISBN : 8293081554
Author : Mohamed M. El Zeidy
Publisher : BRILL
Page : 401 pages
File Size : 43,41 MB
Release : 2008
Category : Law
ISBN : 9004166939
Presents a study of the historical antecedents of the principle of complementarity. This work draws upon the first efforts at international prosecution, after the First World War, and then traces the evolution of the concept through the drafting of the 1937 treaty on terrorism, and the post-Second World War tribunals.
Author : Christian M. De Vos
Publisher : Cambridge University Press
Page : 389 pages
File Size : 26,19 MB
Release : 2020-04-23
Category : Law
ISBN : 1108472486
Critically explores the International Criminal Court's evolution and the domestic effects of its interventions in three African countries.
Author : Jo Stigen
Publisher : Martinus Nijhoff Publishers
Page : 549 pages
File Size : 27,81 MB
Release : 2008
Category : Law
ISBN : 9004169091
The principle of complementarity provides a framework as to when the Prosecutor of the ICC may and should interfere "vis-a-vis" national judicial systems. The principle acknowledges the primary right of states to prosecute while also recognising the need for international interference when states fail in this task. As formulated in the Rome Statute, however, it leaves complex questions unresolved. To mention a few: When is a national criminal proceeding really an attempt to shield the perpetrator? When can a national judicial system be characterised as unavailable? And when will an ICC prosecution serve the interests of justice? This book seeks to answer these and other related questions by interpreting the relevant provisions of the Rome Statute and discussing them in a broad context. The book also critically assesses policy considerations underlying the establishment of the ICC, including the implications of international criminal justice for achieving peace. It asks, "inter alia," whether the ICC should set aside an amnesty which a national truth commission has granted in an attempt to achieve a peaceful transition from tyranny to democracy.
Author : Carsten Stahn
Publisher : Cambridge University Press
Page : 1293 pages
File Size : 12,83 MB
Release : 2011-10-06
Category : Law
ISBN : 1316139506
This systematic, contextual and practice-oriented account of complementarity explores the background and historical expectations associated with complementarity, its interpretation in prosecutorial policy and judicial practice, its context (ad hoc tribunals, universal jurisdiction, R2P) and its impact in specific situations (Colombia, Congo, Uganda, Central African Republic, Sudan and Kenya). Written by leading experts from inside and outside the Court and scholars from multiple disciplines, the essays combine theoretical inquiry with policy recommendations and the first-hand experience of practitioners. It is geared towards academics, lawyers and policy-makers who deal with the impact and application of international criminal justice and its interplay with peace and security, transitional justice and international relations.
Author : Michael C. Ferris
Publisher : Springer Science & Business Media
Page : 400 pages
File Size : 15,51 MB
Release : 2013-03-09
Category : Computers
ISBN : 1475732791
This volume presents state-of-the-art complementarity applications, algorithms, extensions and theory in the form of eighteen papers. These at the International Conference on Com invited papers were presented plementarity 99 (ICCP99) held in Madison, Wisconsin during June 9-12, 1999 with support from the National Science Foundation under Grant DMS-9970102. Complementarity is becoming more widely used in a variety of appli cation areas. In this volume, there are papers studying the impact of complementarity in such diverse fields as deregulation of electricity mar kets, engineering mechanics, optimal control and asset pricing. Further more, application of complementarity and optimization ideas to related problems in the burgeoning fields of machine learning and data mining are also covered in a series of three articles. In order to effectively process the complementarity problems that arise in such applications, various algorithmic, theoretical and computational extensions are covered in this volume. Nonsmooth analysis has an im portant role to play in this area as can be seen from articles using these tools to develop Newton and path following methods for constrained nonlinear systems and complementarity problems. Convergence issues are covered in the context of active set methods, global algorithms for pseudomonotone variational inequalities, successive convex relaxation and proximal point algorithms. Theoretical contributions to the connectedness of solution sets and constraint qualifications in the growing area of mathematical programs with equilibrium constraints are also presented. A relaxation approach is given for solving such problems. Finally, computational issues related to preprocessing mixed complementarity problems are addressed.
Author : Sarah M. H. Nouwen
Publisher : Cambridge University Press
Page : 529 pages
File Size : 49,44 MB
Release : 2013-11-07
Category : Law
ISBN : 1107010780
"This book follows as LAW"--
Author : Mark S. Ellis
Publisher : Cambridge Scholars Publishing
Page : 325 pages
File Size : 42,32 MB
Release : 2014-04-23
Category : Law
ISBN : 1443859656
The drafters of the ICC’s founding document, the Rome Statute, foresaw what would become the main challenge to the Court’s legitimacy: that it could violate national sovereignty. To address this concern, the drafters added the principle of complementarity to the ICC’s jurisdiction, in that the Court’s province merely complements the exercise of jurisdiction by the domestic courts of the Statute’s member states. The ICC honours the authority of those states to conduct their own trials. However, if the principle of complementarity is to be applied, states must ensure that their own judicial systems and trials are consistent with international standards of independence and fairness. In addition, for complementarity to work, the ICC must be willing to actively support, embrace, and implement the principle. If the Court holds on too tightly to a self-aggrandising view of its role in promoting international justice, then it will lose all credibility in the eyes of nation states. Finally, the international community, in calling on states to address war crimes committed within their borders, must provide the financial, technical, and professional resources that many struggling states need in this endeavour. This book sets forth several innovative recommendations to fulfil these goals so as to make future domestic war crimes courts work more effectively.
Author : Sukhvinder S. Obhi
Publisher : Cambridge University Press
Page : 699 pages
File Size : 26,82 MB
Release : 2016-11-17
Category : Psychology
ISBN : 1107050200
A collection of cutting-edge contributions on the idea of shared representations - information sharing between the brains of those involved.
Author : Marlene Wind
Publisher : Cambridge University Press
Page : 373 pages
File Size : 31,48 MB
Release : 2018-07-12
Category : Law
ISBN : 1108661971
International law in national courts, and among politicians and citizens, does not always have the desired effect at the domestic level. This volume is a genuinely interdisciplinary analysis of international law and courts, examining a wide range of courts and judicial bodies, including human rights treaty bodies, and their impact and shortcomings. By employing social science methodology combined with classical case studies, leading lawyers and political scientists move the study of courts within international law to an entirely new level. The essays question the view that legal docmatics will be enough to understand the increasingly complex world we are living in and demonstrate the potential benefits of adopting a much broader outlook drawing on empirical legal research. This volume will have great appeal to anyone interested in the effects - rather than just the processes and structures - of international law and courts.