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Procedural Law of Internationalized Criminal Courts

Håkan Friman

in Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo, and Cambodia

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199276745
eISBN:
9780191707650
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276745.003.0015
Subject:
Law, Public International Law

This chapter examines the criminal procedures applied (or to be applied) by internationalized courts in Kosovo, East Timor, Cambodia, and Sierra Leone, including developments for the period up to ... More


Applicable Law

André Nollkaemper

in National Courts and the International Rule of Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199236671
eISBN:
9780191725234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199236671.003.0004
Subject:
Law, Public International Law

This chapter advances four main arguments. Firstly, in stark contrast to the situation in international law, where international law is by definition part of the applicable law of an international ... More


Procedural Regimes

Kai Ambos and Stefanie Bock

in International Prosecutors

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199554294
eISBN:
9780191751691
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199554294.003.0008
Subject:
Law, Public International Law, Criminal Law and Criminology

At every stage of the proceedings, the procedural law determines the Prosecutor's scope of action and is therefore of utmost importance for his competence and powers. To assess the Prosecutor's role ... More


Introduction

Eva Storskrubb

in Civil Procedure and EU Law: A Policy Area Uncovered

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533176
eISBN:
9780191714504
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533176.003.0001
Subject:
Law, EU Law

This chapter provides the backdrop to the subject matter by extrapolating intersections between procedural and European law. In addition, the generic approach to uncovering the policy area of ... More


Administration of German Criminal Justice Under Military Government: (July 29,1944)

Otto Kircheimer

in Secret Reports on Nazi Germany: The Frankfurt School Contribution to the War Effort

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691134130
eISBN:
9781400846467
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691134130.003.0021
Subject:
History, Military History

This chapter discusses the administration of criminal justice in Germany under military government. The report claims that German criminal law conflicts in many respects not only with the theories ... More


Law and “Smart” Technologies

Susan W. Brenner

in Law in an Era of “Smart” Technology

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195333480
eISBN:
9780199855353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195333480.003.0007
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter explains why our relationship with technology will move from use to interaction. It also explains why the approach we have relied upon to control misuse then becomes unsuitable. It ... More


The Legal Nature of the Claims Process

HOWARD M. HOLTZMANN and EDDA KRISTJÁNSDÓTTIR

in International Mass Claims Processes: Legal and Practical Perspectives

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199207442
eISBN:
9780191708695
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207442.003.0002
Subject:
Law, Private International Law

This chapter discusses the legal nature of the claims process. Topics covered include the type of process; exclusivity of process; how substantive law, if any, is applied and whether procedural law ... More


European Civil Procedure and Public International Law

Burkhard Hess

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0059
Subject:
Law, Public International Law

This chapter focuses not only on European civil procedural law, but it also explores its relations with public international law. This explains rests on the following observations. On the one hand, ... More


Citations and the Construction of Procedural Law in the Ius Commune

Richard H Helmholz

in The Creation of the Ius Commune: From Casus to Regula

Published in print:
2010
Published Online:
March 2012
ISBN:
9780748638970
eISBN:
9780748651481
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638970.003.0020
Subject:
Law, Legal History

This chapter focuses on only one aspect of procedural law: that relating to citations, the process by which parties were summoned to appear before a court. It examines three specific parts of the law ... More


The Limits of Process

Robin West

in Getting to the Rule of Law: NOMOS L

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814728437
eISBN:
9780814728789
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814728437.003.0002
Subject:
Political Science, Political Theory

This chapter discusses how there is some significance in expanding the rule of law to include a procedural dimension, particularly given contemporary national, global, and political realities. Due to ... More


Procedural Law

Hong-Lin Yu

in Commercial Arbitration

Published in print:
2011
Published Online:
September 2015
ISBN:
9781845861070
eISBN:
9781474406154
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845861070.003.0008
Subject:
Law, Company and Commercial Law

This chapter explains the role of procedural law in arbitration. Aside from the arbitrators, the language, and the substantive law, the principle of party autonomy affords the parties to arbitration ... More


The Influences of the CPR on Civil Procedure and Evidence Reform in the Netherlands

Daan Asser

in The Civil Procedure Rules Ten Years On

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.003.0020
Subject:
Law, Constitutional and Administrative Law

Although the Civil Procedure Rules (CPR) have not notably influenced the development of Dutch civil procedural law during the past decade prior to this book's publication, they have played a role in ... More


The Sources of Medieval Learned Law

Harry Dondorp and Eltjo J H Schrage

in The Creation of the Ius Commune: From Casus to Regula

Published in print:
2010
Published Online:
March 2012
ISBN:
9780748638970
eISBN:
9780748651481
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638970.003.0011
Subject:
Law, Legal History

This chapter presents the sources and editions of medieval learned law. As well as guidance on the texts, it offers advice on how to approach the study in more general terms. It draws on and updates ... More


Contrasting the Normative and Historical Foundations of Transitional Justice and Jus Post Bellum: Outlining the Matrix of Definitions in Comparative Perspective

Jens Iverson

in Jus Post Bellum: Mapping the Normative Foundations

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199685899
eISBN:
9780191765841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685899.003.0006
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter contrasts Transitional Justice and jus post bellum in order to create a clearer definition and understanding of each. The terms are evaluated not as essentialist truths but as terms that ... More


Choice of CESL and Conflict of Laws

Gerhard Dannemann

in The Common European Sales Law in Context: Interactions with English and German Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0002
Subject:
Law, EU Law, Law of Obligations

This chapter examines the interactions between the proposed Common European Sales Law (CESL) and domestic and other European law. It first discusses general issues relating to the application of the ... More


International Environmental Law and Community Interests: Procedural Aspects

Jutta Brunnée

in Community Interests Across International Law

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198825210
eISBN:
9780191863844
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825210.003.0010
Subject:
Law, Public International Law

Strong procedural elements are indispensable for international environmental law’s capacity to serve community interests. Procedural obligations can strengthen the rule concerning the prevention of ... More


Pathways of Democratic Legitimacy

Armin von Bogdandy and Ingo Venzke

in In Whose Name?: A Public Law Theory of International Adjudication

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198717461
eISBN:
9780191787034
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717461.003.0004
Subject:
Law, Public International Law, Comparative Law

This chapter applies insights of a public law theory to the law and practice of international adjudication. It takes up many aspects of current debates. Given the importance of democratic ... More


The Role of Counsel Ethics in International Litigation

Arman Sarvarian

in Professional Ethics at the International Bar

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199679461
eISBN:
9780191758522
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679461.003.0002
Subject:
Law, Legal Profession and Ethics, Public International Law

This chapter sets out the theoretical context for the study by exploring the central themes and issues concerning common ethical standards for counsel. It examines the principal arguments employed in ... More


Creating Conventions: Technology Policy and International Cooperation in Criminal Matters

Ian Hosein

in Governing Global Electronic Networks: International Perspectives on Policy and Power

Published in print:
2008
Published Online:
August 2013
ISBN:
9780262042512
eISBN:
9780262271936
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262042512.003.0253
Subject:
Information Science, Communications

This chapter examines international cooperation with respect to cybersecurity and cybercrime and argues that the approaches used by the Group of Eight (G8) and the Council of Europe (CoE) raise ... More


The Burden of Procedures

Tirthankar Roy and Anand V. Swamy

in Law and the Economy in Colonial India

Published in print:
2016
Published Online:
May 2017
ISBN:
9780226387642
eISBN:
9780226387789
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226387789.003.0009
Subject:
Economics and Finance, Economic History

In the second half of the nineteenth century, a legislative drive led to the creation of a number of specific laws. The state clearly saw itself as much more than a custodian of Indian notions of law ... More


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