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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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International Criminal Procedure: A Clash of Legal Cultures

ISBN13: 9789067043007
Published: October 2010
Publisher: T.M.C. Asser Press
Country of Publication: The Netherlands
Format: Hardback
Price: £70.00

Despatched in 7 to 9 days.

The procedures used by international criminal courts blend elements of civil law and common law procedures. This mixture causes disputes between civil and common law lawyers which are hard to resolve while the disputants remain philosophically bound by the premises of their native legal systems.

As these disputes frequently arise in the everyday practice of the international criminal courts, this book applies a systematic method of contextual legal comparison and a focus on characteristics of international criminal trials which may help to overcome the civil law-common law divide.

This book will be of great interest for scholars and practitioners working in international criminal law and is a most valuable point of reference for practitioners at the ICC now and in the future.

  • Brief depictions of procedural elements allow readers to acquaint themselves quickly with other legal systems’ procedures
  • Summaries of the analysis in each chapter make the book accessible for readers with little time at their disposal
  • Extensive annex contains excerpts of domestic legal codes which are relevant to the discussed legal elements, allowing readers to consult the texts of the discussed laws

International Criminal Law
Part I. Introduction
1. The debate between civil law and common law legal systems in international criminal procedure
2. The background of the debate
3. About this study
Part II. National Law – A Comparison of US Common Law Procedure and German Civil Law Procedure
4. Disclosure rules
5. Evidence rules
6. The role of the judge and the question of a dossier
7. Guilty plea and plea-bargaining
Part III. Procedural Law of the ICTY
8. Disclosure rules
9. Evidence rules
10. The role of the judge and the question of a dossier
11. Guilty plea and plea-bargaining
12. Evaluation of the rules of the ICTY
Part IV. Procedural Law of the ICC
13. Disclosure rules
14. Evidence rules
15. The role of the judge and the question of a dossier
16. Admission of guilt and bargaining
17. Evaluation of the rules of the ICC
Part V. Conclusion
18. Procedural law of the ICTY
19. Procedural law of the ICC
20. Outlook.