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  • Hart Publishing, Oxford - Good books for lawyers
    for some time This book presents a new English translation of the Strafgesetzbuch the Criminal Code in its most recent amended form of August 2007 The Code is the centrepiece of German substantive criminal law and informs the interpretation and application of any other criminal provisions which can be found in specific legislation The translation thus affords an opportunity to profit from a legal tradition that has had a major influence over history and has a rich experience of doctrinal analysis The translation adheres as closely as possible to the textual structure of the original but has been made palatable to an English ear It is intended as a companion to the author s Principles of German Criminal Law which was published in December 2008 Please click on the link below for further details a href http www hartpub co uk books details asp isbn 9781841136301 www hartpub co uk books details asp isbn 9781841136301 a Michael Bohlander had been a member of the German judiciary for over 13 years before he joined the Department of Law of Durham University in 2004 From 1999 until 2001 he was the senior legal officer of Trial Chamber II of the International Criminal

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841138312 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    intensive scholarly debate This handbook explores the participation of this new category of actors in an international legal system that has historically been dominated by states It explores the most important issues actors and theoretical approaches with respect to these new participants in international law It provides the reader with a comprehensive and state of the art overview of the most important legal and political developments and perspectives Relevant non state actors discussed in this volume include in particular international governmental organisations international non governmental organisations multinational companies investors and armed opposition groups Their legal position is considered in relation to specific issue areas such as humanitarian law human rights the use of force and international responsibility The main legal theories on non state actors position in international law neo positivism the policy oriented approach and transnational law are covered at the beginning of the publication and the essential political science perspectives on non state actors role in international politics and globalisation as well as their soft power are presented at the end Math Noortmann is Professor of Transnational Law and Non State Actors at the Centre for Trust Peace and Social Relations at Coventry University August Reinisch is Professor

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849465113 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    researched monograph examines one such important yet generally under researched and poorly understood intergovernmental organization the Organization of Islamic Cooperation OIC formerly the Organization of the Islamic Conference In particular it analyses in depth its institutional counter terrorism law making practice and the relationship between resultant OIC law and comparable UN norms in furtherance of UN Global Counter Terrorism Stategy goals Furthermore it explores two common mis assumptions regarding the OIC namely whether its internal institutional weaknesses mean that its law making practice is inconsequential at the intergovernmental level and whether its self declared Islamic objectives and nature are irrelevant to its institutional practice or are instead reflected within OIC law Where significant normative tensions are discerned between OIC law and UN law the monograph explores not only whether these may be explicable at least in part by the OIC s Islamic nature and objectives but also whether their corresponding institutional legal orders are conflicting or cooperative in nature and the resultant implications of these findings for international counter terrorism law and policy making This monograph is expected to appeal especially to national and intergovernmental counter terrorism practitioners and policy makers as well as to scholars concerned with the interaction between international and Islamic law norms From the Foreword by Professor Ben Saul The University of Sydney Dr Samuels book must be commended as an original and insightful contribution to international legal scholarship on the OIC Islamic law international law and counter terrorism It fills significant gaps in legal knowledge about the vast investment of international and regional effort that has gone into the global counter terrorism enterprise over many decades and which accelerated markedly after 9 11 The scope of the book is ambitious its subject matter is complex and its sources are many and diverse Dr Samuel has

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849462679 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    First Edition Russell Buchan This book argues that since the end of the Cold War an international community of liberal states has crystallised within the broader international society of sovereign states Significantly this international community has demonstrated a tendency to deny non liberal states their previously held sovereign right to non intervention Instead the international community considers only those states that demonstrate respect for liberal democratic standards to be sovereign equals Indeed the international community motivated by the theory that international peace and security can only be achieved in a world composed exclusively of liberal states has engaged in a sustained campaign to promote its liberal values to non liberal states This campaign has had and continues to have a profound impact upon the structure and content of international law In light of this this book deploys the concepts of the international society and the international community in order to construct an explanatory framework that can enable us to better understand recent changes to the political and legal structure of the world order and why violations of international peace and security occur Russell Buchan is a Lecturer in International Law at the University of Sheffield Hardback July 2013 9781849462440 50

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849462440 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    International Immigration Law First Edition Karin de Vries A recent development in the immigration policies of several European states is to make the admission of foreign nationals dependent upon criteria relating to their integration As the practice of integration testing abroad becomes more widespread this book endeavours to clarify the legal implications which have hitherto remained poorly understood and studied The book begins by looking at the situation in the Netherlands which was the first EU Member State to introduce pre entry integration requirements It explores the historical and political origins of the Dutch Act on Integration Abroad and explains how in this national context integration has become a criterion for the selection of immigrants It then examines how integration requirements must be evaluated from the point of view of European and international law including human rights treaties EU migration directives and association agreements and the law on non discrimination The book identifies the legal standards set by these instruments with regard to integration testing abroad and draws conclusions as to the lawfulness of the Dutch approach Karin de Vries is Assistant Professor in the Department of Constitutional and Administrative Law at the VU University of Amsterdam Hardback July 2013

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849464109 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    moralists In this volume a third solution is proposed The idea is presented that many equitable principles may qualify as general principles of law recognised by civilised nations one of the three principal sources of international law though a category that is often overlooked a conclusion based upon detailed research of both national legal systems and international law These principles having normative force in international law are then used to craft an equitable framework for humanitarian intervention It is argued that the dynamics of their operation allow them to interact with the Charter and customary law in order to fill gaps in the existing legal structure and soften the rigours of strict law in certain circumstances It is posited that many of the moralists arguments are justified albeit based upon firm legal principles rather than ethical theory The equitable framework proposed is designed to provide an answer to the question of how humanitarian intervention may be integrated into the legal realm Certainly this will not mean an end to controversies regarding concrete cases of humanitarian intervention However it will enable the framing of such controversies in legal terms rather than as a choice between the law and morality has potential

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849464048 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    creation of new states The existing literature either tends to conflate self determination and democracy or dismisses the legal relevance of the emerging practice on the basis that democracy is not a statehood criterion Such arguments are simplistic The statehood criteria in contemporary international law are largely irrelevant and do not automatically or self evidently determine whether or not an entity has emerged as a new state The question to be asked therefore is not whether democracy has become a statehood criterion The emergence of new states is rather a law governed political process in which certain requirements regarding the type of a government may be imposed internationally And in this process the introduction of a democratic political system is equally as relevant or irrelevant as the statehood criteria The book demonstrates that via the right of self determination the law of statehood requires state creation to be a democratic process but that this requirement should not be interpreted too broadly The democratic process in this context governs independence referenda and does not interfere with the choice of a political system This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849464697 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    high seas the freedom in peacetime to remain free of interference by ships of another flag It is this freedom that has been challenged by a recent significant increase in interceptions to counter the threats of international terrorism and WMD proliferation or to suppress transnational organised crime at sea particularly the trafficking of narcotics and smuggling of migrants The author questions whether the principle of non interference has been so significantly curtailed as to have lost its relevance in the contemporary legal order of the oceans The book begins with an historical and theoretical examination of the framework underlying interception This historical survey informs the remainder of the work which then looks at the legal framework of the right of visit contemporary challenges to the traditional right interference on the high seas for the maintenance of international peace and security interferences to maintain the bon usage of the oceans navigation and fishing piracy j ure gentium and current counter piracy operations off the coast of Somalia the problems posed by illegal unregulated and unreported fishing interdiction operations to counter drug and people trafficking and recent interception operations in the Mediterranean Sea organised by FRONTEX Efthymios Papastavridis is a part time

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849461832 (2016-02-13)
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