International criminal law has witnessed a rapid rise after the end of the Cold War. The United Nations refers to the birth of a new 'age of accountability', but certain historical objections, such as selectivity or victor's justice, have never fully gone away, and many of the justice dimensions of international criminal law remain unexplored. Various critiques have emerged in socio-legal scholarship or globalization discourse, revealing that there is a stark discrepancy between reality and expectation. Linking discussion of legal theories, case-law and practice to scholarship and opinion, A Critical Introduction to International Criminal Law explores these critiques through five main themes at the heart of contemporary dilemmas:The shifting contours of criminality and international crimesThe tension between individual and collective responsibilityThe challenges of domestic, international, hybrid and regional justice institutionsThe foundations of justice proceduresApproaches towards punishment and reparationSuitable for students, academics and professionals from multiple fields wishing to understand contemporary theories, practices and critiques of international criminal law. This title is also available as Open Access on Cambridge Core.

A Critical Introduction to International Criminal Law

Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa

This book highlights the cogency and urgency of the protection of indigenous peoples and discusses crucial aspects of the international legal theory and practice relating to their rights. These rights are not established by states; rather, they are inherent to indigenous peoples because of their human dignity, historical continuity, cultural distinctiveness, and connection to the lands where they have lived from time immemorial. In the past decades, a new awareness of the importance of indigenous rights has emerged at the international level. UN organs have adopted specific international law instruments that protect indigenous peoples. Nonetheless, concerns persist because of continued widespread breaches of such rights. Stemming from a number of seminars organised at the Law Department of the University of Roma Tre, the volume includes contributions by distinguished scholars and practitioners. It is divided into three parts. Part I introduces the main themes and challenges to be addressed, considering the debate on self-determination of indigenous peoples and the theoretical origins of ‘indigenous sovereignty’. Parts II and III explore the protection of indigenous peoples afforded under the international law rules on human rights and investments respectively. Not only do the contributors to this book critically assess the current international legal framework, but they also suggest ways and methods to utilize such legal instruments towards the protection, promotion and fulfi lment of indigenous peoples’ rights, to contribute to the maintenance of peace and the pursuit of justice in international relations.

The Inherent Rights of Indigenous Peoples in International Law

The article discusses the problem of the indeterminate defendant in European tort law systems and in the projects aiming to unify tort law in Europe, such as Draft Common Frame of Reference and Principles of European Tort Law. The given issue relates to a situation where there is a damage caused by one factor, yet upon available evidence one may indicate a few potential factors which might have led to the damage, but it cannot be ascertained which factor was the actual cause of it. The problem is addressed with reference to two scenarios. First, when there is a limited and known number of persons acting tortiously, each of whom potentially might have led to the damage, but only one of them had actually caused it. Second, when it is certain that one tortfeasor from the undetermined group of tortfeasors caused damage to some of the injured persons from the group of the injured persons, but it cannot be established precisely which tortfeasor caused damage to precisely which injured person. In comparative law analysis, one may find various attempts to deal with the given issue, which come from the balance of ratios given to different solutions, as well as the legal possibilities or obstacles in national tort law systems. The main possibilities are: all-or-nothing approach, joint and several liability, and proportional liability. Those solutions are discussed in article in more detail with conclusion that the bold proposition of proportional liability presented in Principles of European Tort Law seems to be the most appropriate.

/pdf/the-problem-of-the-indeterminate-defendant-in-tort-law-in-2pr4pruc8o.pdf

The problem of the indeterminate defendant in tort law in europe

......................................................................................................................................... ii Preface ........................................................................................................................................... iii Table of

Conditions apply : non-state actors challenging state sovereignty through Intergovernmental Organizations : an analysis of national liberation movements and indigenous peoples at the United Nations

Permanent sovereignty over natural resources has emerged as a fundamental principle in international law, allowing postcolonial states to assert full sovereignty or ‘sovereign rights’ over natural resources found within the limits of their jurisdiction. Despite the postcolonial context in which the first United Nations General Assembly resolutions in the field were adopted, there has been an increasing recognition that the right to permanent sovereignty should be given a wider scope and could start to legitimise the claims of non-state actors and communities in defining ownership and usage rights over the natural resources within a state. Indeed, international law has evolved to recognise a number of substantive and procedural rights for indigenous peoples, including: ownership rights over natural resources; the right to participate in decision-making and to prior and informed consent in the context of natural resources extraction projects; and the sharing of benefits arising from the exploration and commercial exploitation of natural resources in indigenous lands. This paper argues that the principle of permanent sovereignty over natural resources complements and further refines the right of self-determination of ‘peoples’ under international law while establishing important parameters for the allocation of property rights in natural resources. Moreover, by implementing substantive and procedural rights that allow indigenous peoples to exercise resource rights, it is suggested that states have transferred sovereign powers over natural resources to non-state actors, thus upsetting the notion of permanent sovereignty as a right belonging to states.

Permanent sovereignty over natural resources in the 21st century: natural resource governance and the right to self-determination of indigenous peoples under international law

As the European Union Emissions Trading Scheme (EU ETS) has grown in size and value, it has become an increasingly attractive playground for fraudsters. The past two years have seen value-added-tax (VAT) fraud and emissions allowance thefts emerge as major threats to the EU ETS market. This study explores the effects that these forms of fraud have had on parts of the EU carbon market; uncovers vulnerabilities in the regulation of the registries (the ``banks'' of accounts in which emissions allowances are kept and from which they are traded) and the oversight of the EU ETS market; and analyses the adequacy and wider implications of the regulatory reforms recently proposed by the European Commission. A series of semi-structured interviews conducted for this study exposes a significant amount of discomfort amongst stakeholders regarding the proposed reforms to the regulation of the registries system, which is felt could still leave the system vulnerable to fraud and its effects. The potential extension of the EU financial markets oversight regulations has also led to fear that the future regulatory framework may be disproportionately burdensome for some market participants, potentially compromising the cost-efficiency of this emissions abatement tool. Moreover, the paper highlights the difficulties involved in the investigation and prosecution of fraud in the carbon markets and assesses the extent to which recent developments in EU criminal law, in particular since the ratification of the Lisbon Treaty in 2009, hold the potential to overcome some of the existing barriers to the effective criminal law cooperation between the Member States.

Fraud on the European Union Emissions Trading Scheme: Effects, Vulnerabilities and Regulatory Reform

The drive for harmonisation of environmental criminal standards at both the international and European level emerges from the increasing recognition of the scale and seriousness of environmental crime, the need to strengthen mechanisms of police and judicial interstate cooperation to combat cross-border crime, and the objective to ensure fair competition in a global economy and an integrated EU common market. The harmonisation of environmental criminal law requires a competent institutional framework able to convey the need for criminalisation of environmental harm while not overriding national aspirations to sovereignty in criminal matters. The book Environmental Criminal Liability and Enforcement in European and International Law assesses legal, theoretical and practical questions of harmonisation of national environmental criminal law and the mechanisms for cooperation by sovereign states under European and International Law, with a particular emphasis on legislative developments in the European Union, the Council of Europe and other international institutions, assessing the case for an extension of the jurisdiction of the International Criminal Court over international environmental crimes.

Environmental Criminal Liability and Enforcement in European and International Law

Despite bringing prosperity, industrialisation generally leads to increasing levels of pollution which has a detrimental impact on the environment. In response, legislation which seeks to control or prevent such impact has become common. Similarly, climate change and energy security have become major drivers for the regulatory regimes that have emerged in the energy field. Given the global or regional scope of many environmental problems, international cooperation is often necessary to ensure such legislation is effective. The EU and the UK have contributed to the development of the environmental and energy law regimes currently in force, spanning across international, transnational and national levels. At the same time, practical responses to environmental and energy problems have largely been the focus of engineers, scientists and other technical experts. Environmental & Energy Law attempts to bridge the knowledge gap between legal developments designed to achieve environmental and/or energy-related objectives and the practical, scientific and technical considerations applicable to the same environmental problems. In particular, it attempts to convey a broad range of topical issues in environmental and energy law, from climate and energy regulation, technology innovation and transfer, to pollution control, environmental governance and enforcement. In addition the book outlines key sector specific legal regimes (including water, waste and air quality management), focusing on issues or topics that are particularly relevant to both environmental and energy lawyers, and engineering, science and technology-oriented professionals and students. In this vein, the book guides the reader on some basic practical applications of the law within scientific, engineering and other practical settings. The book will be useful to all those working or studying in the environmental or energy arena, including law students, legal professionals, engineering and science students and professionals. By adopting a multi-disciplinary approach to environmental and energy law, the book embraces all readerships and helps to address the often thorny problem of communication between scientists, engineers, lawyers and policy-makers.

Environmental and energy law

Governments in leading industrialized countries are currently primarily relying on existing regulatory frameworks for environmental, health and safety regulation to cover nanotechnology risks. European and national regulators have generally concluded that any risks posed by nanomaterials can be addressed using existing frameworks, with minor adjustments to specific regulations. Identifying appropriate responses to uncertain risks is a difficult task for policy makers and regulatory agencies, as they are faced with a high degree of scientific uncertainty, the need to balance the costs and benefits of regulation, and the need to find a reasonable compromise between scientific freedom, technological innovation, consumer safety and environmental protection. As nanotechnologies are arguably only recently gaining public prominence, and their regulation is still in its infancy, this article examines some of the issues faced by regulators, offers insights into potential methods for regulation, and critiques the current state of international, European and national law and policy. The article concludes that to address the current regulatory gaps and environmental and health safety concerns surrounding nanomaterials, nanospecific regulation establishing product specification, notification, public disclosure and risk assessment requirements is necessary.

/pdf/the-case-for-regulating-nanotechnologies-international-n6up1kglo3.pdf

Ricardo Pereira

Papers

Permanent sovereignty over natural resources in the 21st century: natural resource governance and the right to self-determination of indigenous peoples under international law

Fraud on the European Union Emissions Trading Scheme: Effects, Vulnerabilities and Regulatory Reform

Environmental Criminal Liability and Enforcement in European and International Law

Environmental and energy law

The Case for Regulating Nanotechnologies: International, European and National Perspectives