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The principle of legality : national and international perspectivesMatute, Francisco Javier Dondé January 2003 (has links)
This study aims to establish what level of development has the Principle of Legality reached in national jurisdictions as well as in international law. The study analyses the developments and treatment of the Principle of Legality in international criminal law by means of an analysis of several national jurisdictions and international law; in Scotland, England, the United States, Mexico and South Africa. After this, the deduction of the rules of Legality were identified and compared with international developments in international human rights law and international criminal law was made and conclusions formulated. The various legal systems represent different ways of considering the Principle of Legality, taking into account the general aspects of retroactivity, strict construction and foreseeability as guidelines for this study. Therefore, it was not possible to extract a general understanding of the Principle of Legality, and even the consideration of minimum standards was a complex task. Despite these obstacles some conclusions could be reached regarding the evolution of the Principle of Legality in international criminal law. The Principle of Legality seems to be in a very early state of development in international criminal law. There seem to be some basic rules that are recognised in treaties, but the courts and the drafters of criminal definitions have not given the Principle the same scope at domestic legislatures and courts. However, the Rome Statute seems to provide for a system where the Principle of Legality could be respected, since its text gives the broadest scope of any treaty so far. However, for now there is still a lot of work to be done, if we aspire to create a respectful system of international criminal law, since the existing rules do not comply with the expected minimum standards.
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Jurisdikční aspekty potírání pirátství / Jurisdictional aspects of combating piracyMenšík, Matyáš January 2013 (has links)
Jurisdictional Aspects of Repression of Piracy The purpose of this thesis is to analyse the jurisdictional aspects of repression of piracy in modern international law. The main reason for my research was to find out, whether there were sufficient legal instruments to be used while fighting piracy off the coast of Somalia. The thesis is composed of an introduction, five chapters and a summary. After an introductory chapter, which sets out the goals of this thesis, chapter one gives a brief insight into piracy's role throughout the history and shows the main causes of the Somalia piracy crisis and the answer of the international community. Moreover, this chapter explains that while piracy off the coast of Somalia seems to be a problem of the past, new piracy epicentre seems to have emerged near the coasts of Nigeria. Chapter two gives a deeper insight into the problem of defining piracy. It gives examples of the different definitions as used in various legal and also supporting documents and further follows up on the definition of piracy iure gentium as is stipulated in the UN Convention on the Law of the Seas. Chapter three sets out the theoretical grounds for asserting jurisdiction. At first, it concerns itself with territorial jurisdiction, as the most common and well established base, and after...
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Removal of cases of members of the Armed Forces sued or prosecuted in state courtsBarrett, George B., January 1900 (has links)
Thesis (LL. M.)--Judge Advocate General's School, U.S. Army, 1961. / "April 1961." Typescript. Includes bibliographical references (leaf 74). Also issued in microfiche.
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Le problèma de la justiciabilité et de la non-justiciabilité en droit international des différends dits "politiques" ou "non-juridiques," et les notions de compétence exclusive et de compétence nationale article 15, [paragraf]8 du Pacte de la S. d. N. et article 2, [paragraf] 7 de la Charte de PO. N.U.Vaucher, Marius. January 1951 (has links)
Thèse--Lausanne. / "Etude ce croit sociologique." Bibliography: p. 245-252.
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Clarifying Judicial Jurisdiction over Workplace Injury Claims against a State in the Former Soviet Union CountriesAlikulova, Sandugash 20 November 2013 (has links)
The essay discusses judicial jurisdiction over workplace injury claims against a state in the former Soviet Union Countries. Claiming that such cases should be dismissed in foreign jurisdiction, the paper seeks explanation to different approach and different outcomes of workplace injury cases in the courts of the same countries. The essay begins with background information on particularities of unusual workplace injury cases which emerged in connection with important political event - collapse of the USSR. Relevant provisions of domestic and .
international law on judicial jurisdiction, their interpretation and application in Commonwealth of Independent States are discussed in this paper. Analyzing provisions and reasons of different decisions, the essay infers the implications from analysis in support of its main claim.
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Clarifying Judicial Jurisdiction over Workplace Injury Claims against a State in the Former Soviet Union CountriesAlikulova, Sandugash 20 November 2013 (has links)
The essay discusses judicial jurisdiction over workplace injury claims against a state in the former Soviet Union Countries. Claiming that such cases should be dismissed in foreign jurisdiction, the paper seeks explanation to different approach and different outcomes of workplace injury cases in the courts of the same countries. The essay begins with background information on particularities of unusual workplace injury cases which emerged in connection with important political event - collapse of the USSR. Relevant provisions of domestic and .
international law on judicial jurisdiction, their interpretation and application in Commonwealth of Independent States are discussed in this paper. Analyzing provisions and reasons of different decisions, the essay infers the implications from analysis in support of its main claim.
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Ausländer und Staatenlose als Kläger im Zivilprozess /Glücksmann, Herbert. January 1930 (has links)
Thesis (doctoral)--Universität Breslau.
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Die Stellung der Sondergerichte in der Strafrechtspflege /Glunz, Josef. January 1940 (has links)
Thesis (doctoral)--Universität Bonn.
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Die bindende Kraft von Verwaltungsakten und von Akten der freiwilligen Gerichtsbarkeit für den Straf- und Zivilrichter /Günther, Erich Waldemar. January 1915 (has links)
Thesis (doctoral)--Universität Freiburg im Breisgau.
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Die Zuständigkeit inländisch-deutscher Gerichte zur Bestrafung Gefangener während des Weltkrieges : auch hinsichtlich vor der Gefangennahme begangener Straftaten /Dewitz, Jobst von. January 1921 (has links)
Thesis (doctoral)--Universität Greifswald.
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