The legal consequence of the superior orders defense has long been debated as one of the major problems in international criminal law. Several controversial issues such as the immunity of the state, the absolute character of military discipline, and immunity on the grounds of mistake of law and/or coercion have been complexly interwoven in the debates. The Execution of Illegal Orders and International Criminal Responsibility provides a comprehensive portrait of the relevant debates at the international level up to the present, analyzes the conflicting views, and shows the significance of the development of international rules for the superior orders defense as well as the implication of the fact that issues concerning some detailed or related rules have been left unresolved. This study presents to present a new standpoint not only on dealing with the problem of the superior orders defense but also on reconsidering the international stipulation of rulemaking with regard to criminal matters.
Type: BOOK - Published: 2020-10-15 - Publisher: Springer Nature
This book addresses the basic theory of criminal procedure in China, together with recent reforms. Balancing the powers of public security and judicial organs with the rights of individual citizens, it assesses the nature of Chinese criminal proceedings. In the basic theoretical research section, the author, drawing on the latest
Authors: Ronald J. Mann, Elizabeth Warren, Jay Westbrook
Type: BOOK - Published: 2019-07-25 - Publisher: Wolters Kluwer
The Supplement includes the entire Uniform Commercial Code as of May 2019, excluding Article 6, and a selection of other federal statutes and regulations, uniform state laws, and Restatement provisions, aiming to include those items most commonly used in commercial law courses: the Truth in Lending Act, the Electronic Funds
Type: BOOK - Published: 2015-10-08 - Publisher: Kluwer Law International B.V.
Every legal system, at the outset of court proceedings, has rules aimed at safeguarding parties' interests during the time needed to obtain a judgment on the merits. However, as the European Commission put the case in a 1997 communication, 'a comparative survey of national legislation reveals that there are virtually