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Biolaw and International Criminal Law: Towards Interdisciplinary Synergies investigates the foundational, conceptual and interdisciplinary aspects of an emerging field: International Criminal Biolaw.
The concepts of humanity, human dignity and mankind have emerged in different contexts across international law and biolaw. This raises many different questions. What are the aims for which 'humanity' is mobilised? How do these aims affect the ensuing interpretations of this concept? What are the negative counterparts of humanity, mankind and human dignity? And what happens if a concept developed in one particular context is taken up in another? By bringing together research from international law, biolaw and legal theory, this volume answers such questions by analysing how the concepts overlap and contradict each other across the disciplines. The result is not an examination of what humanity is but rather what it does and what it brings about in a variety of contexts.
This timely book comprehensively examines whether the worst human rights violations directed specifically at sexual and gender minorities are punishable under international criminal law, as codified in the Rome Statute of the International Criminal Court. Drawing on general rules of interpretation, the development of human rights for sexual and gender minorities, and the social construction of gender, this monograph reveals that the worst crimes committed against persons because of their sexual orientation or gender identity can amount to crimes against humanity, particularly the crime of persecution under Article 7(1)(h). It also shows how legislators can be held individually criminally responsible for passing laws that criminalize consensual same-sex sexuality. The book not only makes a significant and original contribution to the literature but is also highly relevant for international criminal law practitioners, since, so far, no cases regarding this topic exist. Dr. Valérie V. Suhr is currently a trainee lawyer in the district of the Koblenz Court of Appeal in Germany
This book provides an overview of the ethical and legal developments which have occurred in bioethics and human rights. The work analyzes the Universal Declaration on Bioethics and Human Rights from an ethical and legal perspective, commenting on its implementation and discussing the role of non-binding norms in international bioethics.
This volume gathers the contributions of leading researchers in the fields of bioethics, medical law and human rights. By providing an interdisciplinary reading of advance directives regulation against the background of European and International law, this book aims to offer new insights into the most controversial legal issues surrounding the theme of dignity and autonomy at the end of life. Cross-cultural perspectives from Europe, the Americas, Australia and China offer a comparative analysis of legal approaches to end-of-life decision-making and care, including the hotly debated issues of euthanasia and assisted suicide, also giving an account of recent developments in domestic legislation and jurisprudence. Special focus is placed on the Italian legal system and its ongoing discussion on advance directives regulation.
The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.
This book configures a consistent epistemology of biolaw that distinguishes itself from bioethics and from a mere set of international instruments on the regulation of biomedical practices. Such orthodox intellection has prevented biolaw from being understood as a new branch of law with legally binding force, which has certainly dwindled its epistemological density. Hence, this is a revolutionary book as it seeks to deconstruct the history of biolaw and its oblique epistemologies, which means not accepting perennial axioms, and not seeing paradigms where only anachronism and anomaly still exist. It is a book aimed at validity, but also at solidity because the truth of biolaw has never been told before. In that sense, it is also a revealing text. The book shapes biolaw as an independent and compelling branch of law, with a legally binding scope, which boosts the effectiveness of new deliberative models for legal sciences, as well as it utterly reinforces hermeneutical and epistemological approaches, in tune with the complexity of disturbing legal scenarios created by biomedical sciences’ latest applications. This work adeptly addresses the origins of the European biolaw and its connections with American bioethics. It also analyses different biolaw’s epistemologies historically developed both in Europe and in the United States, to finally offer a new conception of biolaw as a new branch of law, by exploring its theoretical and practical atmospheres to avoid muddle and uncertainty when applied in biomedical settings. This book is suitable for academics and students of biolaw, law, bioethics, and biomedical research, as well as for professionals in higher education institutions, courts, the biomedical industry, and pharmacological companies.
This study provides a critical examination of seminal issues within the main areas of criminal justice: its theoretical framework, domestic and comparative criminal justice, transnational and international criminal law. Exploring some of the most interesting challenges arising in these fields, it examines the impact of 'public morality' on sentencing policy, murder and the mandatory life sentence, genocide and the notion of magnitude and incitement to terrorism. Taking an approach that is fully integrated in contemporary criminal justice scholarship, it offers a diverse and expert perspective. With a comprehensive introduction and conclusion drawing the various strands together, it offers a rigorous, coherent overview of the key issues in play in contemporary international criminal justice. This diversity and expertise ensures its appeal to a large audience of students, scholars and practitioners of criminal justice around the world.
The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic’s low profile is due to the mostly uncontroversial nature of the field’s distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law framework on transboundary harm prevention that the field had thought largely settled. In turn, in the treaty context, the Paris Agreement’s retreat from binding emissions targets and its decisive turn towards procedure reignited concerns in some quarters over the “proceduralization” of international environmental law. The two developments invite a closer look at the respective roles of, and the relationship between, procedure and substance in this field and, more specifically, in the context of harm prevention under customary and treaty law.