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International Criminal Law (International Law) Hardcover – 31 Mar 2012

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Product details

  • Hardcover: 2808 pages
  • Publisher: Edward Elgar Publishing Ltd (31 Mar. 2012)
  • Language: English
  • ISBN-10: 1848449755
  • ISBN-13: 978-1848449756
  • Product Dimensions: 16.5 x 17.8 x 24.8 cm
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Bestsellers Rank: 5,427,564 in Books (See Top 100 in Books)
  • See Complete Table of Contents

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Format: Hardcover
Length: 4:36 Mins


OF THE WORK OF LEADING SCHOLARS IN INTERNATIONAL LAW WORLDWIDE

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

For criminal, or international, lawyers on either side of the Atlantic practising or wishing to practice in international criminal law, these three volumes should be considered an essential acquisition for your law library.

Under the editorship of William A. Schabas, this quite stupendous work of scholarship and research brings together in one convenient source no less than seventy-four learned articles and essays, dating from approximately the end of the Second World War to the present and written by distinguished academics from a number of distinguished universities; Harvard, Yale, Berkeley, Toronto and McGill for example, plus other publications from respectively, the Oxford University Press and Cambridge University Press - and of course, more.

International law, says the editor, is thought to have begun with the Treaty of Westphalia of 1648 when modern states began to define their particular rights with respect to such issues as maritime boundaries, diplomacy and war.

Toward the end of the eighteenth century it was apparently Jeremy Bentham who was the first to use the term `international law.'

At the earlier stages of the evolution of international law, two categories were identified within it: one "the interests of states"; the second defined as "outrages against the general dignity and conscience of humanity", slavery for example, or religious persecution.
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Amazon.com: 5.0 out of 5 stars 1 review
5.0 out of 5 stars A fascinating compilation.... 22 May 2012
By Phillip Taylor MBE - Published on Amazon.com
Format: Hardcover


OF THE WORK OF LEADING SCHOLARS IN INTERNATIONAL LAW WORLDWIDE

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

For criminal, or international, lawyers on either side of the Atlantic practising or wishing to practice in international criminal law, these three volumes should be considered an essential acquisition for your law library.

Under the editorship of William A. Schabas, this quite stupendous work of scholarship and research brings together in one convenient source no less than seventy-four learned articles and essays, dating from approximately the end of the Second World War to the present and written by distinguished academics from a number of distinguished universities; Harvard, Yale, Berkeley, Toronto and McGill for example, plus other publications from respectively, the Oxford University Press and Cambridge University Press - and of course, more.

International law, says the editor, is thought to have begun with the Treaty of Westphalia of 1648 when modern states began to define their particular rights with respect to such issues as maritime boundaries, diplomacy and war.

Toward the end of the eighteenth century it was apparently Jeremy Bentham who was the first to use the term `international law.'

At the earlier stages of the evolution of international law, two categories were identified within it: one "the interests of states"; the second defined as "outrages against the general dignity and conscience of humanity", slavery for example, or religious persecution.

Since the First World War, a distinction has emerged between what is termed `transnational criminal law' and `international criminal law', although there's a grey area between these two categories, particularly with respect to terrorism.

However, it's international criminal law with which these three volumes are concerned and within this category, four crimes emanating from 20th century conflicts have been identified. These include genocide... war crimes... crimes against humanity... and the crime of aggression, all of which were prosecuted at Nuremberg.

Here, Schabas puts the overwhelming significance of the Nuremberg trials into perspective. Despite many obstacles -- including hostility and opposition from some who held that the Nazi war criminals should be summarily executed rather than put on trial -- the trials, in the event, came to pass.

`A rich body of jurisprudence emerged from these initial efforts at international criminal justice,' Schabas points out, adding that `the four categories (mentioned above) that we know today were all codified for the first time in the aftermath of the Second World War. The success of the trials nourished proposals for the establishment of a permanent international criminal court.'

All this is only a taste of the thought provoking material contained in this three-volume work, which offers much for the international lawyer to contemplate and learn from, particularly as this area of law is fast expanding, following such events as the Arab Spring and what is referred to as `the crowning achievement': the establishment of the International Criminal Court.

The future of international criminal law is nonetheless uncertain and its gestation has been a long one. This work of reference, published as part of Elgar's International Law series, should nonetheless put many of the issues generated by international law in perspective.

Certainly if you're a practitioner or academic looking to research further into this fascinating topic, the extensively footnotes should point you down any number of avenues of enquiry, including, might we suggest, the origin of the concept of war crimes perpetrated by a nation state against its own people.

Astoundingly at the beginning of World War II, the crimes of a nation against its own people, for instance, the persecution by Germany of German Jews - (and latterly the events in the Balkans, Ruanda, Libya and Syria) -- were not considered to be war crimes until about 1944, under the auspices of the United Nations War Crimes Commission (UNWCC), the outcome of a proposal by Winston Churchill to Franklin Roosevelt to set up a United Nations Commission on Atrocities.

This is just one issue out of many revealed in this important work, which ideally should be given pride of place on the bookshelves of all international criminal lawyers, as well as historians and others interested in this subject: as we say, it is a fascinating compilation from the leading scholars of the age.
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