In his bestselling Presumed Guilty William Kaplan chronicled the corruption charges surrounding the 1988 $1.8 billion purchase by Air Canada of passenger airplanes from European giant Airbus Industries. Based on the available evidence, he concluded that former Prime Minister Brian Mulroney had been the victim of a campaign of unfounded allegation and reckless innuendo. But Kaplan discovered the story was more complicated. He sets the record straight in A Secret Trial. Not long after leaving office Brain Mulroney was paid $300,000 in cash by Karlheinz Schreiber, a German-Canadian middleman wanted in Germany for bribery and tax evasion. Mulroney vehemently denies any wrongdoing. When confronted by Kaplan about the unexplained payment, the former prime minister declared: "Anyone who says anything about [the $300,000] will be in for one fuck of a fight." At the root of Kaplan's investigation, laid bare by his determination and insight, is a secret trial held in Toronto full of stunning revelations that almost escaped public attention.
As international criminal justice has grown in prominence, so have the challenges facing it. This book discusses the unresolved questions and dilemmas confronted by international war crimes courts. These include the controversies surrounding prosecutorial policy, the tension between peace and justice, and accusations of victor's justice.
In the immediate aftermath of the armistice that ended the First World War, the Allied nations of Britain, France, and Italy agreed to put the fallen German Emperor Kaiser Wilhelm II on trial, in what would be the first ever international criminal tribunal. In Britain, Lloyd George campaigned for re-election on the slogan 'hang the Kaiser', but the Italians had only lukewarm support for a trial, and there was outright resistance from the United States. During the Peace Conference, international lawyers gathered for the first time to debate international criminal justice. They recommended trial of the Kaiser by an international tribunal for war crimes, and the Americans relented, agreeing to a trial for a 'supreme offence against international morality'. However, the Kaiser had fled to the Netherlands where he obtained asylum, and though the Allies threatened a range of measures if the former Emperor was not surrendered, the Dutch refused and the demands were dropped in March 1920. This book, from renowned legal scholar William A. Schabas, sheds light on perhaps the most important international trial that never was. Schabas draws on numerous primary sources hitherto unexamined in published work, including transcripts which vividly illuminate this period of international law making. As such, he has written a book which constitutes a history of the very beginnings of international criminal justice, a history which has never before been fully told.
Prior to the twentieth century, international law was predominantly written by and for the 'civilised nations' of the white Global North. It justified doctrines of racial inequality and effectively drew a colour line that excluded citizens of the Global South and persons of African descent from participating in international law-making while subjecting them to colonialism and the slave trade. The International Legal Order's Colour Line narrates this divide and charts the development of regulation on racism and racial discrimination at the international level, principally within the United Nations. Most notably, it outlines how these themes gained traction once the Global South gained more participation in international law-making after the First World War. It challenges the narrative that human rights are a creation of the Global North by focussing on the decisive contributions that countries of the Global South and people of colour made to anchor anti-racism in international law. After assessing early historical developments, chapters are devoted to The League of Nations, the adoption and implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, the debates within UNESCO on the notion of race itself, expansion of crimes against humanity to cover peacetime violations, as well as challenges to apartheid in South Africa. At all stages, the focus lies on the role played by those who have been the victims of racial discrimination, primarily the countries of the Global South, in advancing the debate and promoting the development of new legal rules and institutions for their implementation. The International Legal Order's Colour Line provides a comprehensive history and compelling new approach to the history of human rights law.
The International Criminal Court ushers in a new era in the protection of human rights. The Court will prosecute genocide, crimes against humanity and war crimes when national justice systems are either unwilling or unable to do so themselves. This third revised edition considers the initial rulings by the Pre-Trial Chambers and the Appeals Chamber, and the cases it is prosecuting, namely, Democratic Republic of Congo, northern Uganda, Darfur, as well as those where it had decided not to proceed, such as Iraq. The law of the Court up to and including its ruling on a confirmation hearing, committing Chalres Lubanga for trial on child soldiers offences, is covered. It also addresses the difficulties created by US opposition, analysing the ineffectiveness of measures taken by Washington to obstruct the Court, and its increasing recognition of the inevitability of the institution.
Modern political culture features a deep-seated faith in the power of numbers. But quantitative evidence has not always been revered, as William Deringer shows. After the 1688 Revolution, as Britons learned to fight by the numbers, their enthusiasm for figures arose not from efforts to find objective truths but from the turmoil of politics itself.
This work addresses the question: how has the evolution of a legal regime within the United Nations and regional organisations influenced state behaviour regarding recognition of minority groups? The author assesses the implications of this regime for political theoristsa (TM) account of multiculturalism. This research bridges a gap between normative questions in political theory on multiculturalism and the international law on minorities. It does so by means of case studies of legal challenges involving two groups, namely, the Aboriginal peoples of Canada, and the Roma peoples in Europe. The author concludes by discussing the normative implications of the minority regime for helping to resolve conflicts that arise out of state treatment of minority groups.
Through powerful first-person accounts, scholarly analyses and historical data, Century of Genocide takes on the task of explaining how and why genocides have been perpetrated throughout the course of the twentieth century. The book assembles a group of international scholars to discuss the causes, results, and ramifications of these genocides: from the Armenians in the Ottoman Empire; to the Jews, Romani, and the mentally and physically handicapped during the Holocaust; and genocides in East Timor, Bangladesh, and Cambodia.The second edition has been fully updated and featu.
The International Criminal Court has been operational since mid-2003, following the entry into force of the Rome Statute of the International Criminal Court on 1 July 2002. The Rome Statute is among the most complex international treaties, a combination of public international law, international humanitarian law and criminal law, both international and domestic. The Commentary provides an article-by-article analysis of the Statute. Each of the 128 articles is presented accompanied by a bibliography of academic literature relevant to that provision, an overview of the drafting history of the provision and an analysis of the text. The analytical portion of each chapter draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and the related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence and the Relationship Agreement with the United Nations. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret and apply the complex provisions of the Rome Statute
Topics as diverse as the evolving spectrum of conflict, innovations in weaponry, automated and autonomous attack, the depersonalisation of warfare, detention operations, the influence of modern media and the application of human rights law to the conduct of hostilities are examined in this book to see to what extent existing legal norms are challenged. The book takes each topic in turn, explains relevant provisions of contemporary law and analyses exactly where the legal problem lies. The analysis then develops the theme, examining for example the implications of current rules as to deception operations for certain applications of cyber warfare. The text is written in an accessible style, and demonstrates the continuing relevance of established rules and the importance of compliance with them. Useful for academics, military, governments, ministries of defence, ministries of foreign affairs, libraries, diplomats, think tanks, policy units, NGOs, and all others with an interest in law of armed conflict issues such as journalists and students.
The 1948 Genocide Convention has suddenly become a vital legal tool in the international campaign against impunity. The succinct provisions of the Convention are now being interpreted in important judgements by the International Court of Justice, the ad hoc Tribunals for the former Yugoslavia and Rwanda, and a growing number of domestic courts. In this definitive work William A. Schabas focuses on the judicial interpretation of the Convention, debates in the International Law Commission, political statements in bodies like the General Assembly of the United Nations, and the growing body of case law. Detailed attention is given to the concept of protected groups, to the quantitative dimension of genocide, to problems of criminal prosecution including defenses and complicity, and to issues of international judicial cooperations such as extradition. He also explores the duty to prevent genocide, and the consequences this may have on the emerging law of humanitarian intervention.
Written by distinguished scholars from Canada and abroad, the essays cover topics in four different fields that reflect some of Cohen's principal academic interests and concerns: international law, public law, legal history, and legal education. From discussion of the development of United Nations law in the recent Gulf Conflict, the International Court of Justice, and the Cohen Committee on Hate Propaganda, to habeas corpus and legal education, the essays break new ground and demonstrably add, as Maxwell Cohen has done, to knowledge in their respective fields. The collection contains a preface by former Chief Justice Brian Dickson and essays by Anne Bayefsky, William Black, Irwin Cotler, Dale Gibson, Annemieke Holthuis, Julius Grey, William Kaplan, Louis Knafla, David McDonald, Roderick Macdonald, J.P.S. McLaren, Donald McRae, Edward McWhinney, Donat Pharand, Shabtai Rosenne, Oscar Schachter, Robert Sharpe, and William Stevenson. Maxwell Cohen was a former Dean of Law at McGill University. He is currently Scholar-in-Residence at the University of Ottawa.
This textbook provides an accessible and interdisciplinary introduction to genocide with an emphasis on the criminal aspect of genocide. It draws on sociological, political, and historical concepts to discuss how they contribute to our understanding of genocide as an international crime. It walks students through the evolution of genocide as a criminal act and the legal responses available using case studies to demonstrate how concepts work in action. It combines Criminology and Law, arguing that Criminology can help explain the ‘why and how’ while Law can explain the responses to crime. This textbook includes a chapter on genocide denial as well as discussion questions at the end of the chapters, boxed examples, and further reading. It speaks to students in Criminology, Law, Socio-Legal Studies, and beyond, as well as to practitioners in the criminal justice field.
As a philosopher, psychologist, and physician, the German thinker Hermann Lotze (1817-81) defies classification. Working in the mid-nineteenth-century era of programmatic realism, he critically reviewed and rearranged theories and concepts in books on pathology, physiology, medical psychology, anthropology, history, aesthetics, metaphysics, logic, and religion. Leading anatomists and physiologists reworked his hypotheses about the central and autonomic nervous systems. Dozens of fin-de-siècle philosophical contemporaries emulated him, yet often without acknowledgment, precisely because he had made conjecture and refutation into a method. In spite of Lotze's status as a pivotal figure in nineteenth-century intellectual thought, no complete treatment of his work exists, and certainly no effort to take account of the feminist secondary literature. Hermann Lotze: An Intellectual Biography is the first full-length historical study of Lotze's intellectual origins, scientific community, institutional context, and worldwide reception.
Music has played an important role in Ohio's cultural vitality. This work offers a comprehensive look at music as it has been practised in Ohio from the 18th century onwards, from folk to jazz to rock to the polka. It also examines the music of the Moravians, Mormons, and Welsh.
Imagine a nation with the highest proportion of women legislators in the world. Imagine a country where a democratically elected president is committed to gender equality and poverty reduction, where urban and rural schools are being wired to the Internet, and where the government is committed to becoming a middle-income country by 2020. Imagine that this country is located in the heart of sub-Saharan Africa and that this progress comes in the wake of one of the 20th century's worst genocides. Fifteen years removed from a mass genocide that resulted in the deaths of nearly one million people, Rwanda today presents a model for hope, justice, innovation and human development. In fact, Rwanda is now a leader in achieving economic, political and social progress in this beleaguered continent. A new model of governance has emerged in this poor, African country. This model, which draws on century's old Rwandan customs called Ubudehe and IMIHIGO, is inclusive, transparent, empowers the poor, and holds leaders accountable for improving the well being of people in their districts. Rwanda: History and Hope focuses on the innovative path Rwanda has taken in governance and reconciliation, gender equity, education, health and economic growth. The authors spent a decade working and researching in the country to prepare this path-breaking book.
This seventh edition of A History of Psychology: The Emergence of Science and Applications traces the history of psychology from antiquity through the early twenty-first century, giving students a thorough look into psychology’s origins and key developments in basic and applied psychology. It presents internal, disciplinary history as well as external contextual history, emphasizing the interactions between psychological ideas and the larger cultural and historical contexts in which psychologists and other thinkers conduct research, teach, and live. It also has a strong scholarly foundation and more than 400 new references. This new edition retains and expands the strengths of previous editions and introduces several important changes. The text features more women, people of color, and others who are historically marginalized as well as new sections about early Black psychology and barriers faced by people who are diverse. It also includes expanded discussions of eugenics and racism in early psychology. There is new content on the history of the biological basis of psychology; the emergence of qualitative methods; and ecopsychology, ecotherapy, and environmental psychology. Recent historical findings about social psychology, including new historical findings about the Stanford Prison Experiment, Milgram’s obedience research, and Sherif’s conformity studies, have also been incorporated. Continuing the tradition of past editions, the text focuses on engaging students and inspiring them to recognize the power of history in their own lives, to connect history to the present and the future, and to think critically and historically.
A key issue in economic discourse today is the relation (or lack of it) between economic behaviour and morality. Few (presumably) would want to deny that human beings are in some sense moral or ethical creatures, but the devil is in the detail. Should we think of economic behaviour as an essentially amoral process – a process adequately characterised by a means-ends rationality – into which any number of subjective ethical concerns or orientations may be intruded to give a particular action its determinate moral content? Or is it rather the case that our moral being runs deeper than this, in the sense that all of our behaviour – ‘economic’ or otherwise – is enabled or capacitated by a competence that is fundamentally ethical in character? With new analyses of the work of Hobbes and Smith, Dixon and Wilson offer a fresh approach to the debate surrounding economics and morality with a novel discussion of the self in economic theory. This book calls for a change in the way that the relation between economic behaviour and morality is understood – from an understanding of morality as a kind of preference that informs certain types of other-regarding behaviour (the way that modern economics understands the relationship), to an idea of morality as a competence that enables or, rather, conditions the possibility of all forms of human behaviour, other-regarding or not. Offering a new insight on homo economicus, this book will be of great interest to all those interested in the history of economics and of economic thought.
During the early 1900s, Horatio Parker was one of the best-known composers in the United States. He received numerous commissions and was a patriarchal figure among America's Protestant church musicians and choral societies; his symphonic works were performed by the leading orchestras of the day; and he headed the Yale School of Music for twenty-five years. Kearns's study is a thorough analysis of the circumstances leading to Parker's popularity in pre- World War I America and his neglect thereafter. The book includes a detailed narration of the composer's life and an extensive description of his major works. Over fifty examples of his music are included, as well as a comprehensive listing of works and writings.
“Deeply researched and pithily argued.” —New York Magazine “A brilliant, and sometimes eerie, dissection” of ‘the science of happiness’ and the modern-day commercialization of our most private emotions (Vice) Why are we so obsessed with measuring happiness? In winter 2014, a Tibetan monk lectured the world leaders gathered at Davos on the importance of Happiness. The recent DSM-5, the manual of all diagnosable mental illnesses, for the first time included shyness and grief as treatable diseases. Happiness has become the biggest idea of our age, a new religion dedicated to well-being. Here, political economist William Davies shows how this philosophy, first pronounced by Jeremy Bentham in the 1780s, has dominated the political debates that have delivered neoliberalism. From a history of business strategies of how to get the best out of employees, to the increased level of surveillance measuring every aspect of our lives; from why experts prefer to measure the chemical in the brain than ask you how you are feeling, to why Freakonomics tells us less about the way people behave than expected, The Happiness Industry is an essential guide to the marketization of modern life. Davies shows that the science of happiness is less a science than an extension of hyper-capitalism.
This book is composed of interconnected essays which reflect on challenging new issues related to diplomacy, communication, and peace. This book begins by drawing out some of the challenges for diplomacy that arise from modern theories of semantics and of strategic communication, as well as those posed by the need for secrecy, and by the activities of agents of influence. It then proceeds to examine important issues in contemporary diplomacy, including refugee diplomacy, humanitarian diplomacy, sovereignty, norms, and consular activities. It concludes with an exploration of dilemmas that confront attempts to promote peace through multilateral means, such as the limitations of peacemaking diplomacy, the difficulty of promoting democratic governance, and the problems associated with dealing with morally repugnant actors. The book is grounded in the conception of diplomacy as a social practice with multiple players, and recognises that ‘the state’ has many different elements, and that ‘state actors’ live in worlds shaped not just by their relations with other states, but also by their own complex domestic politics. This book will be of much interest to students of diplomacy, foreign policy, and International Relations.
As musicians, listeners, and scholars have sensed for many years, the story of jazz is more than a history of the music. Burton Peretti presents a fascinating account of how the racial and cultural dynamics of American cities created the music, life, and business that was jazz. From its origins in the jook joints of sharecroppers and the streets and dance halls of 1890s New Orleans, through its later metamorphoses in the cities of the North, Peretti charts the life of jazz culture to the eve of bebop and World War II. In the course of those fifty years, jazz was the story of players who made the transition from childhood spasm bands to Carnegie Hall and worldwide touring and fame. It became the music of the Twenties, a decade of Prohibition, of adolescent discontent, of Harlem pride, and of Americans hoping to preserve cultural traditions in an urban, commercial age. And jazz was where black and white musicians performed together, as uneasy partners, in the big bands of Artie Shaw and Benny Goodman. "Blacks fought back by using jazz", states Peretti, "with its unique cultural and intellectual properties, to prove, assess, and evade the "dynamic of minstrelsy". Drawing on newspaper reports of the times and on the firsthand testimony of more than seventy prominent musicians and singers (among them Benny Carter, Bud Freeman, Kid Ory, and Mary Lou Williams), The Creation of Jazz is the first comprehensive analysis of the role of early jazz in American social history.
A timely and erudite investigation of the impact of law on societies, and how this excessive reliance on law, particularly litigation, has generated difficulties in achieving consensus regarding issues of domestic policy.
In Counterinsurgency Law, William Banks and several distinguished contributors explore from an interdisciplinary legal and policy perspective the multiple challenges that counterinsurgency operations pose today to the rule of law - international, humanitarian, human rights, criminal, and domestic. Addressing the considerable challenges for the future of armed conflict, each contributor in the book explores the premise that in COIN operations, international humanitarian law, human rights law, international law more generally, and domestic national security laws do not provide adequate legal and policy coverage and guidance for multiple reasons, many of which are explored in this book. A second shared premise is that these problems are not only challenges for the law in post-9/11 security environments-but matters of policy with implications for the international community and for global security more generally.
In recent years, victims of human rights abuses have filed civil lawsuits in U.S. courts. This litigation provides victims a voice and promotes accountability for violations of international law. This is the story of Filartiga v. Pena-Irala, one of the most significant examples of human rights litigation in the U.S., presented as a documentary history – an approach to legal scholarship that has become increasingly popular in recent years. Unlike traditional casebooks, this book emphasizes the dynamic nature of law. The pleadings and documents appear with minimal editing and are supplemented through commentary by various litigation participants. Published under the Transnational Publishers imprint.
Although supporters and critics of conductor Leopold Stokowski have disagreed over his contribution to symphonic music, a consensus developed that he was a man of paradox and mystery, an extrovert showman reclusively shy about who he was and what he was trying to do in music. This volume attempts to solve the mysteries. Includes an annotated discography.
In a new and updated edition of this classic textbook, Henry William Spiegel brings his discussion and analysis of economic thought into the 1990s. A new introductory chapter offering an overall view of the history of economics and a bibliographic survey of the economic literature of the 1980s and early 1990s have been added. Maintaining the link between economics and the humanities, Spiegel's text will continue to introduce students to a wide range of topics in the history of economic thought. From reviews of previous editions: "The history of economic thought to end all histories of economic thought."--Robert D. Patton, Journal of Economic Literature "The book is in the grand tradition of the history of doctrines. It is a history of economic thought broadly conceived--and superbly written to boot. It is not to much to say that Spiegel's book will become and remain a leading text in the field."--Warren J. Samuels, Social Science The author conveys the essence of an idea simply and clearly, yet in a graceful style."--William F. Kennedy, Journal of Economic Literature
This is the 2002 third edition of William A. Schabas's highly praised study of the abolition of the death penalty in international law. Extensively revised to take account of developments in the field since publication of the second edition in 1997, the book details the progress of the international community away from the use of capital punishment, discussing in detail the abolition of the death penalty within the United Nations human rights system, international humanitarian law, European human rights law and Inter-American human rights law. New chapters in the third edition address capital punishment in African human rights law and in international criminal law. An extensive list of appendices contains many of the essential documents for the study of capital punishment in international law. The Abolition of the Death Penalty in International Law is introduced with a Foreword by Judge Gilbert Guillaume, President of the International Court of Justice.
Death penalty: A cruel and inhuman punishment is an academic contribution by Academics for abolition aimed at fostering the debate launched by the United Nations General Assembly in its resolution 62/149 on 18 December 2007, calling for a worldwide moratorium on executions by 2015, and continued by the upcoming review process of the UN’s Millennium Development Goals (MDG). It is mainly a compilation of papers written by the speakers at the Seminar “Against cruel and inhuman punishment and death penalty”, which took place at the Real Academia de Bellas Artes de San Fernando, in Madrid, on 9 June 2013, on the eve of the 5th World Congress against the death penalty. The book deals with current issues of the process towards abolition as the lack of evidence about the deterrence effect of death penalty and its consideration as a cruel and inhuman punishment. Together with the editors, the contribution includes studies, among others, of H.J. Albrecht, Gabrio Forti, Roger Hood, Salim Himnat and Sergio García Ramírez. The Academic International Network against the Death Penalty (REPECAP) dedicates this book to the International Commission against the Death Penalty (ICDP) chaired by Federico Mayor Zaragoza.
Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute.This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.
The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.
The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.
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