By Teruo Komori, Karel Wellens
This publication clarifies components that play a major position in securing the effectiveness of criminal regimes that target to guard public pursuits of the overseas group. partially 1, the authors specialise in theoretical difficulties coming up within the implementation means of these felony regimes from either a constitutional and practical viewpoint. In components 2 via half four, they be aware of sensible concerns within the implementation strategy of specific criminal regimes, in mild of what interpretation or measures are valid from the point of view of defending public pursuits. This booklet accommodates an idea of public legislations into the theoretical framework of foreign legislations which has been as a rule built at the conception of personal legislations in household criminal structures. not like many books which concentrate on the position of the procedural and fabric elements within the implementation technique of quite a few associations and ideas, this ebook emphasises the position of normative components in securing effectiveness of public interests-oriented ideas and is a worthy source for either teachers and coverage makers operating during this region.
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It points to the need to take 142 Kleffner 2006, 99, note 57. 143 Kleffner 2006, 83 and 86. 144 Forteau 2006, 485. 145 Gioia 2006, 105–113 at 111. 146 Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v Serbia and Montenegro) Judgment of 26 February 2007, Separate Opinion of Judge Tomka, §73. 147 Torres Bernardez, 286. 148 The last is particularly relevant to the interpretation of public interest rules. s. allow an evolutive interpretation?
Part I Theoretical Aspects of the Implementation Processes This page has been left blank intentionally Chapter 1 General Observations Karel Wellens Introduction This book is about the implementation of rules that are protecting public interests of the international community. Its focus is on process-based concepts of effectiveness in international law. My contribution consists of general observations on some theoretical issues. First, a conceptual framework will be laid out. Then, we will turn to the impact of the public interest nature of the rules on various aspects of the implementation and enforcement process.
111 Similar to the certification of forest management operators: Meidinger 2006, 47–87 at 71. See also the mechanisms of the Kimberley process. 112 Chinkin 1998, 130. 113 Koskenniemi as referred to by Chinkin 1998, 131. 115 An intermediate position consists of doubting the link because of the uncertainties in state practice. s. does not come about leads to a search for emerging fragments of specificity, in an attempt to reconstruct, to save what is left of the original idea. 119 When creating primary rules, States draft tailor-made secondary rules on compliance and enforcement to suit the relevant subject-matter.
Ashgate Public Interest Rules Of International Law by Teruo Komori, Karel Wellens