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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
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Exploring the Boundaries of International Criminal Justice

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Edited by: Ralph Henham, Mark Findlay

ISBN13: 9780754649793
Published: June 2011
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00

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This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus.

The conclusions reached are wide-ranging and highly significant in challenging existing conceptions for appreciating and giving effect to the justice demands of victims of war and social conflict. The themes developed demonstrate clearly how comparative contextual analysis facilitates our understanding of the legal and social contexts of international punishment and how this understanding can provide the basis for expanding the role of restorative international criminal justice within the context of international criminal trials.

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International Criminal Law
Introduction: rethinking international criminal justice
Part I Achieving Justice in Post-Conflict Societies: Mass atrocity: theories and concepts of accountability - on the schizophrenia of accountability, Caroline Fournet; Collective responsibility for global crime - limitations with the liability paradigm, Mark Findlay; Victims' expectations towards justice in post-conflict societies: a bottom-up perspective, Ernsto Kiza and Holger Rohne; Making international criminal procedure work: from theory to practice, Richard Vogler; Should states bear the responsibility of imposing sanctions on its citizens who as witnesses commit crimes before the ICC?, Sylvia Ngane.
Part II International Criminal Justice as Governance: Exclusion and inclusion: from bio-politics to bio-legality, Edwin Bikundo; Contrasting dynamics of global administrative measures and international criminal courts: cosmopolitanism, multilateralism, state interests, Nicholas Dorn; Governing through globalised crime: thoughts on the transition from terror, Mark Findlay; Evaluating sentencing as a force for achieving justice in international criminal trials, Ralph Henham; The paradox of global terrorism and community based security, Clive Walker; Index.