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In The Historical Foundations of World Order: the Tower and the Arena, Douglas M. Johnston has drawn on a 45 year career as one of the world s most prolific academics in the development of international law and public policy and 5 years of exhaustive research to produce a comprehensive and highly nuanced examination of the historical precursors, intellectual developments, and philosophical frameworks that have guided the progress of world order through recorded history and across the globe, from pre-classical antiquity to the present day. By illuminating the personalities and identifying the controversies behind the great advancements in international legal thought and weaving this into the context of more conventionally known history, Johnston presents a unique understanding of how peoples and nations have sought regularity, justice and order across the ages. This book will appeal to a wide spectrum of readers, from lawyers interested in the historical background of familiar concepts, to curriculum developers for law schools and history faculties, to general interest readers wanting a wider perspective on the history of civilization.Winner 2009 ASIL Certificate of Merit for a Preeminent Contribution to Creative Scholarship
This study is based on the following questions: Which jurisdiction can and should be exercised for the prosecution of individuals responsible for gross and serious violations of human rights? And especially, in this regard, what is the role of universal jurisdiction? In explaining the modern jurisdictional regime, this study illuminates the historical phenomenon of the expansion of jurisdiction in Chapter II, and conducts in-depth research particularly into universal jurisdiction in Chapter III and IV. This study explicates the notion of universal jurisdiction in history and in theory, categorizing its nature by two aspects (permissive or obligatory, and supplemental or primary), and underscores the differences between ordinary universal jurisdiction and universal jurisdiction in absentia. Having made an analysis on the legality of jurisdiction, this study has proceeded to examine the appropriateness of exercising jurisdiction. Noting the danger of conflicts of jurisdiction, Chapter V attempts to compile some guiding rules that can be utilised in determining the appropriateness of jurisdiction, thus answering the question of Which jurisdiction should be exercised'. Chapter VI then applies these guiding rules to non-territorial jurisdiction, namely universal jurisdiction. The observations deduced from the application of the guiding rules demonstrates, together with the analysis of the legality of universal jurisdiction in Chapter IV, the role of universal jurisdiction within the modern jurisdictional regime.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.