The Context of International Law within Nigerian Constitutional and Criminal Law A Convergence of the Dualist and Monist Traditions

2015 ◽  
Author(s):  
Omoba Oladele Opeolu Osinuga
2020 ◽  
Vol 53 (04) ◽  
pp. 48-52
Author(s):  
Erkin Humbat Musayev Humbat Musayev ◽  

Key words: international law, international criminal law, genocide, war crimes, transnational crime


2012 ◽  
Vol 25 (4) ◽  
pp. 847-855 ◽  
Author(s):  
ELIES VAN SLIEDREGT

Fragmentation of international law is a phenomenon that has been discussed ever since the ILC in 2000 decided to add to its programme of work the topic ‘Risks ensuing from the fragmentation of international law’. Koskenniemi, in a paper published in this journal, was one of the first to address fragmentation in legal literature. In 2006, he finalized a voluminous report on ‘Fragmentation of International Law’, providing for means and ways to cope with fragmentation.


Author(s):  
Hanna Kuczyńska

This article deals with the model for prosecuting Nazi crimes committed in Poland in the light of the model presently used in international criminal law. It tries to answer the question: should the investigation of crimes of international law be handed over to transnational tribunals? Should they be hybrid tribunals involving a national factor, or completely supra-national tribunals like the International Criminal Court? Is it legitimate to transfer jurisdiction over these matters to national courts? The case of unpunished Nazi crimes in Poland may give a partial answer to this question. Certainly, various attempts made after World War II, including procedures brought before Polish courts, have contributed to understanding the function of international criminal law, and finding the answer to the question of the best model for prosecuting crimes of international law. At present, we also have the experience of international criminal tribunals, in particular the ICC, which is an efficient machine for prosecuting crimes of international law. Interesting conclusions can be drawn from its functioning that could improve the work of Institute of National Remembrance (IPN) prosecutors, and shed new light on the considerations regarding the prosecution of Nazi crimes in Poland after World War II.


2020 ◽  
Vol 4 (1) ◽  
pp. 33-39
Author(s):  
Karlina Lina Apriani ◽  
Ahmad Raji Hidayat ◽  
Rato Eko Hendriyadi ◽  
Wahyu Hamdani ◽  
Surawijaya Surawijaya

The purpose of this research is to examine the politics of criminal law deeply in eradicating criminal law of corruption through an integrative approach. The method usingis normative legal research. Normative legal research methods or library research methods in legal research by reviewing existing legal materials. The integrative approach in overcoming corruption crime can be made integrally through two approaches, namely first, awareness between criminal politics and social politics directed to achieve particular objectives of the socio-political policies that have been set in order to achieve social welfare. Second, integration of efforts to tackle crime with penal and non-penal approach due to the reality of national law and the political facts of international law for enforcement on a national, regional, and global scale.


Author(s):  
Pietro Ortolani

One of the main purposes of private international law is the resolution of conflicts of jurisdiction in civil matters. In the European Union (EU), this goal is pursued by an articulate body of regulations, forming part of what is usually labelled as ‘European procedural law’ or ‘European civil procedure’. In criminal law, by contrast, no such system exists: although Eurojust aims at resolving conflicts of jurisdiction by facilitating the identification of the jurisdiction that should prosecute cross-​border crimes, no hard-​law instrument regulates this matter in a binding fashion.


Author(s):  
Luís Duarte d’Almeida

Ongoing discussions among international lawyers on defences in state responsibility have close analogies with debates in two other fields: debates in general legal theory on defeasibility in law, and debates in criminal law theory (and philosophy) on the elements of criminal responsibility. The similarities are not surprising. But it is striking how little cross-fertilization there seems to have been. For jurisprudence and criminal law scholars have developed a number of points and distinctions that international law theorists working on defences should find helpful. This chapter illustrates these claims. Section 2 looks at defences from the point of view of general legal theory, and section 3 does the same from the point of view of criminal law theory, recommending specific solutions to particular problems. Section 4 then shows how these contributions can help to answer some persistent questions surrounding defences in the law of state responsibility.


Sign in / Sign up

Export Citation Format

Share Document