Academic literature on the topic 'Criminal law: international legal cooperation'

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Journal articles on the topic "Criminal law: international legal cooperation"

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Belyaeva, Nina A. "International Cooperation in Criminal Digital Finance Cases." Russian Journal of Legal Studies (Moscow) 8, no. 1 (May 27, 2021): 59–64. http://dx.doi.org/10.17816/rjls62580.

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The development and application of digital technologies in the areas of governance, economy, society, etc., along with the digitalization of public life, have all led to changes in the legal sphere. The creation of legal rules governing relations connected with the digitalization and transformation of law and legal phenomena and categories are also influenced by the digitization process. The most active development is in the sphere of digital finance. Such concepts as cryptocurrency, tokens, digital financial assets, and virtual money are increasingly taking on their own legal forms. Such new technologies carry risks, because they can be used for both legal and illegal purposes. Since digital technologies are used on the Internet, a completely new, virtual environment of relations has been formed, which is unaffected by the traditional tools of industry legislation. For this reason, at the international level, a regulatory framework is beginning to form for interaction in criminal proceedings that are the subjects or means of digital financial instruments. The difficulty lies in the fact that digital technologies, although essentially based on the same software solutions, face different legal regulations and conceptual contents in different states. The purpose of this article is to analyze the current criminal procedural aspects related to international cooperation in digital finance cases.
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Kuçi, Hajredin. "International Legal Cooperation between Kosovo and Other States and Organizations." Review of Central and East European Law 43, no. 3 (August 13, 2018): 314–30. http://dx.doi.org/10.1163/15730352-04303004.

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Building a rule-of-law-based democracy is a challenge for post-communist and post-war societies. Rule of law is a priority for these societies and also one of the membership criteria required by international organizations, in particular the European Union. As such, an aspiring country like Kosovo has to face the challenge of building a legal system that is compatible with that of the European Union member states while also developing its legal cooperation with other countries. Through international legal cooperation, countries strengthen the fight against criminal actions that are punishable in all modern states and also exchange experience in combating cross-border crime, trafficking, corruption, terrorism, and other violations of criminal law. In this regard, Kosovo faces many challenges in the field of international legal cooperation, not only with regard to those missions operating in Kosovo itself (such as EULEX, UNMIK, etc.), but also with other international organizations, especially due to Kosovo’s lack of membership in them. Another challenge is cooperation with countries that have not yet recognized Kosovo as a state. This article emphasizes the efforts made by Kosovo’s institutions to engage in international legal cooperation as one of the prerequisites for building the rule of law at home. The main issues tackled in the article are how these problems are addressed in practice, which obstacles arise, what the ad hoc means are of engaging in international legal cooperation, and what the specificities and prospects are for Kosovo’s international legal cooperation. As such, the aim of the article is to examine some of the legal peculiarities and uncertainties that have been created over the years as the result of limitations on Kosovo’s international personality and to consider innovative means to ensure Kosovo’s legal cooperation with other countries.
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Klimenko, A. I., and A. A. Solukov. "The International Criminal Police Organization (Interpol): issues of legal ideology." Moscow Journal of International Law, no. 1 (July 25, 2020): 79–89. http://dx.doi.org/10.24833/0869-0049-2020-1-79-89.

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INTRODUCTION. The article is devoted to the problem of identifying the ideological and legal foundations of international cooperation of the criminal police. The paper considers International law as a special ideological form of law. One of the functions of this law is the function of organizing cooperation in combating crime at the international level. The segment of international law governing criminal police cooperation within an organization such as Interpol is primarily involved in the implementation of this function.MATERIALS AND METHODS. Using a socio-axiological approach, which studies the law not as a set of norms, but as a system of conventional values based on needs and interests of social actors in the process of legal discourse, the authors analyse the legal values and ideas that underlie the activities of Interpol. The paper studies international regulations of the Interpol activities as well as the regulations of the activities of the National Central Bureau of Interpol of Ministry of Internal Affairs of Russia, also studies theoretical materials (articles and studies), that could shed light on the aspects of formation and development of these ideas and values on the doctrinal level. The paper undertakes functional and structural analyze of the legal ideology of Interpol. It utilizes dialectical, system, formal-logical and comparative law methods.RESEARCH RESULTS. The authors build the theoretical model of the legal ideology structure and determine its basic functions. Its contents, i.e. values, ideas and principles, could formally manifest themselves in legal documents on both international and/or national levels, or informally emerge in the public legal discourse in the law enforcement field. On the functional level, the legal ideology of Interpol creates ideological foundations for law enforcement, including legal data base for combating crime and co-operation in law enforcement field and law enforcement practices, legitimizes international co-operation in combating crime, brings together international eff ts in combating crime, and strengthens international co-operation in this field. It also facilitates the universalization of the international law order and creation of legal policies in combating crime.DISCUSSION AND CONCLUSIONS. The legal ideology of Interpol is a complex system employing functional potential, that remains to be studied in details. The unique nature of ideas and values (law values), that lay ground for the legal ideology of Interpol, their high effi ency, derive from its particular functions, proven to be valuable on the modern stage of international co-operation in law enforcement field. The legal ideology of Interpol, in terms of its contents, tends to be very specific on the values level, because it encompasses legal values of conventional nature, as well as legal ideas supporting these values, and principles directed at them. Its contents never stop transforming accordingly to ever changing realities of international relations in the process of uninterrupted public legal discourse in law enforcement field. At the present moment, both its flexibility in terms of contents and functional potential allow us to see it as an important factor contributing to the development of the international law.
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Behruz oğlu İbrahimov, İbrahim. "The role and importance of extradition in the search and judgment of transmitted criminals." SCIENTIFIC WORK 65, no. 04 (April 23, 2021): 285–89. http://dx.doi.org/10.36719/2663-4619/65/285-289.

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One of the most important forms of cooperation used by states in the fight against transnational crime is the extradition of criminals. The extradition of offenders is the restoration of social justice in society, the acquisition of a deserved punishment, regardless of the whereabouts of the perpetrator, as well as the implementation of state functions aimed at the execution of the sentence imposed on him. On the other hand, the main purpose of extradition should not result in human rights violations, nor should it restrict people's right to life, liberty, and a fair trial. These criteria are enshrined in the 2000 UN Convention against Transnational Organized Crime. Key words: transnational crimes, mutual legal assistance, Criminal Code, Criminal Procedure Code, state sovereignty, responsibility of legal entities, international law, international criminal law, criminal jurisdiction
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Aleshin, V. V. "Counterterrorism meassures: application of international law and the law of the Russian Federation." Moscow Journal of International Law, no. 4 (March 23, 2020): 79–90. http://dx.doi.org/10.24833/0869-0049-2019-4-79-90.

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INTRODUCTION. Effective implementation of antiterrorist interstate cooperation is impossible without the creation of an appropriate legal framework. By concluding international treaties, States agree to accept obligations that define the scope of their activities in the areas of cooperation. Moreover, sometimes the necessity arises for emergency antiterrorist response which brings about the application of other than treaty mechanisms like bilateral and multilateral commitments. It seems necessary to pay attention to certain legal mechanisms provided by the UN anti-terrorist treaties, in particular, in the context of the situation in Syria, and some conceptual changes in Russian counter-terrorism legislation.MATERIALS AND METHODS. The article uses treaties, national legislation and doctrinal research. The authors rely on various methods to reach their conclusions, among which treaty interpretation is most frequently used.RESEARCH RESULTS. In the article the author shows different mechanisms and spheres of modern cooperation in counter-terrorism and their ineffectiveness owing to political interests of some states. Special attention is paid to legality of actions of the USA and allies in Syria and criminal liability of members of international terrorist organizations.DISCUSSION AND CONCLUSIONS. In this article the authors draw attention to disadvantages of international legal regulation of anti-terrorist cooperation. The article concludes that refusal of compliance with international law in the sphere of counter-terrorism brings about negative consequences for maintenance of international peace and security.
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Orina, Nabil Mokaya. "Critique of the International Legal Regime Applicable to Terrorism." Strathmore Law Journal 2, no. 1 (August 1, 2016): 21–36. http://dx.doi.org/10.52907/slj.v2i1.10.

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Terrorism is a global phenomenon that permeates state borders and predominantly causes immeasurable suffering to civilians. The need for international cooperation and concerted efforts in combating terrorism cannot be gainsaid. Already, sectoral instruments have been passed to regulate certain aspects of terrorism. However, without a single terrorism specific instrument, acts of terrorism generally classified will fall under spheres of international law which include; public international law, international criminal law, international humanitarian law, human rights and refugee law. This paper makes a critical analysis of these spheres of international law and how they apply to states’ counter-terrorism efforts.
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Economides, Spyros. "The International Criminal Court: Reforming the Politics of International Justice." Government and Opposition 38, no. 1 (2003): 29–51. http://dx.doi.org/10.1111/1477-7053.00003.

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AbstractThe International Criminal Court (ICC) came into effect on 1 July 2002. This article gives an account of the historical background to the ICC and an overview of the Court's Statute, remit and powers. It is argued that the ICC is a highly politicized legal institution which will only be effective through inter-state cooperation. Despite its lengthy historical antecedents and legal precedents, prudence suggests that — due to the nature of international politics — the establishment of the ICC should be viewed as the beginning of a cumulative process of reforming the politics of international justice rather than the end of a process of transformation in international law.
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Sánchez Frías, Alejandro. "Bringing Terrorists to Justice in the Context of Armed Conflict: Interaction between International Humanitarian Law and the UN Conventions Against Terrorism." Israel Law Review 53, no. 1 (February 3, 2020): 71–99. http://dx.doi.org/10.1017/s0021223719000220.

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The participation of foreign fighters on the side of terrorist groups has raised many questions about the legal basis for the criminal prosecution of acts of terror during armed conflicts. In cases regarding the commission of terrorist crimes with transnational elements, such as the foreign nationality of the alleged perpetrator, cooperation with other states in matters such as extradition or mutual legal assistance can be crucial. This study will analyse two regimes that may constitute a legal basis for cooperation in criminal matters against acts of terror committed during armed conflicts: (i) the rules on criminal responsibility under international humanitarian law (IHL), and (ii) the United Nations framework of anti-terrorist conventions. IHL has been seen by many as the only framework applicable to acts committed during armed conflicts. In contrast, the position adopted in this article is that IHL does not necessarily exclude the application of other regimes to acts committed during armed conflicts, which can serve as a complementary tool in international efforts for the prevention and suppression of terrorism.
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Lindley, Jade. "Criminal Threats Undermining Indo-Pacific Maritime Security: Can International Law Build Resilience?" Journal of Asian Economic Integration 2, no. 2 (August 18, 2020): 206–20. http://dx.doi.org/10.1177/2631684620940477.

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Maritime security in the Indo-Pacific region is strategically important to not only the surrounding states, but also those with an interest in its good governance, to support safe passage and natural resources extraction. Criminal threats, such as maritime piracy and illegal fishing, enabled by corruption and the potential for terrorism, undermine regional maritime security and therefore, there is incentive for states to respond cooperatively to secure the region. Drawing on broken windows crime theory, implicitly supporting the continuation of criminal threats within the region may enables exiting crimes to proliferate. With varying legal and political frameworks and interests across the Indo-Pacific region, achieving cooperation and harmonisation in response to regional maritime-based criminal threats can be challenging. As such, to respond to criminal threats that undermine maritime security, this article argues that from a criminological perspective, aligning states through existing international law enables cooperative regional responses. Indeed, given the prevalence of corruption within the region enabling serious criminal threats, harmonising through existing counter-corruption architecture may be a suitable platform to build from.
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van der Wilt, Harmen, and Christophe Paulussen. "The role of international criminal law in responding to the crime–terror nexus." European Journal of Criminology 16, no. 3 (February 25, 2019): 315–31. http://dx.doi.org/10.1177/1477370819828934.

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This article seeks to map the possible bottlenecks for international legal cooperation in the context of terrorism and/or organized crime. The assumption is that – because of the crime–terror nexus – any obstacle encountered in that area with respect to the suppression of one form of criminality will backfire on the other form as well. After addressing the indefinite concept of terrorism, and its connection with organized crime, we will look at extraterritorial jurisdiction and international cooperation in criminal matters. In the final section, we will offer a number of concluding observations.
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Dissertations / Theses on the topic "Criminal law: international legal cooperation"

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Halvarsson, Daniel. "The Suspect and Mutual Legal Assistance : A legal analysis of the rights of the individual in the suppression of transnational organised crime." Thesis, Uppsala universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-260044.

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The suppression of transnational organised crime has continued to rise on the agenda of the international community and is today an affirmed goal of most states. To increase the effectiveness of suppression, it is necessary for states to cooperate across borders in criminal investigations. The legal regime by which this is done is called mutual legal assistance, MLA, and is one of the most practically important developments in public international law over recent decades. The development however has led to several unanswered questions regarding the position of the individual in the procedure. Those are manifested in three main areas, namely; the requirements for employment of MLA; the application of exceptions and; human rights protection.   This thesis elaborates on and analyses the balance between effectiveness in formal international law enforcement and the protection of fundamental rights in such procedures in the three main ambiguous areas.   The analysis points to the importance of the principle of reciprocity for effective cooperation and argues that the conditions for MLA should not be altered. It argues that the number of exceptions shall be kept at a minimum. However, the efforts to abolish the exception for offences of a political nature should be halted or at least approached with more caution. This is true also of when concerning terrorism offences.   The analysis shows that the protection available to the person whom the MLA request concerns is inadequate. There is an urgent need to reform the system in that respect, in particular by opening channels of complaint.   The final conclusion is that, in light of the unquestionable importance of MLA in the suppression of transnational organised crime, it is possible to make limited reform in the areas of human rights and the guarantee of a right to a fair trial without jeopardising the necessary effectiveness of the system.
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Ngari, Allan Rutambo. "State cooperation within the context of the Rome Statute of the International Criminal Court : a critical reflection." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80212.

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Thesis (LLM)--Stellenbosch University, 2013.
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ENGLISH ABSTRACT: This thesis is a reflection of the provisions of the Rome Statute in relation to the most fundamental condition for the effective functioning of the Court – the cooperation of states. It broadly examines the challenges experienced by the Court with respect to application of Part IX such as whether non-State Parties to the Rome Statute can, notwithstanding their right not to be party, be compelled to cooperate with the Court owing to the customary international law obligation for all States to repress, find and punish persons alleged to have committed the crimes within the jurisdiction of the Court (war crimes, crimes against humanity, and genocide). This is particularly challenging where such persons are nationals of non-States Parties. The various meanings of international cooperation in criminal matters is discussed with reference to and distinguished from the cooperation regime of the International Criminal Tribunals for Rwanda and the former Yugoslavia. For States Parties to the Rome Statute, the thesis evaluates the measure of their inability or unwillingness to genuinely prosecute persons alleged to have committed crimes within the jurisdiction of the Court within the context of the principle of complementarity. It seeks to address, where such inability or unwillingness has been determined by the Court, how effective the cooperation between the States Parties and the Court could best serve the interests of justice. The thesis answers the question on what extent the principle of complementarity influences the cooperation of States with the Court, whether or not these States are party to the Rome Statute. The concept of positive complementarity that establishes a measure of cooperation between the Court and the national criminal jurisdictions is further explored in the context of the Court’s capacity to strengthen local ownership of the enforcement of international criminal justice. A nuanced discussion on the practice of the Court with respect to the right of persons before the Court is developed. The rights of an accused in different phases of Court proceedings and the rights of victims and affected communities of crimes within the Court’s jurisdiction are considered at length and in the light of recently-established principles regulating the Court’s treatment of these individuals. These persons are key interlocutors in the international criminal justice system and have shifted the traditional focus of international law predominantly from states to individuals and bring about a different kind of relationship between States as a collective and their treatment of these individuals arising from obligations to the Rome Statute. Finally the thesis interrogates the enforcement mechanisms under the Rome Statute. Unlike States, the Court does not have an enforcement entity such as a Police Force that would arrest persons accused of committing crimes within its jurisdiction, conduct searches and seizures or compel witnesses to appear before the Court. Yet, the Court must critically assess its practice of enforcing sentences that it imposes on convicted persons and in its contribution to restorative justice, the enforcement of reparations orders in collaboration with other Rome Statute entities such as the Trust Fund for Victims.
AFRIKAANSE OPSOMMING: Hierdie tesis is 'n weerspieëling van die bepalings van die Statuut van Rome in verhouding tot die mees fundamentele voorwaarde vir die effektiewe funksionering van die Hof - die samewerking van State. Dit ondersoek breedweg die uitdagings wat deur die Hof ervaar word met betrekking tot die toepassing van Deel IX soos byvoorbeeld of State wat nie partye is tot die Statuut van Rome, nieteenstaande hul reg om nie deel te wees nie, verplig kan word om saam te werk met die Hof weens die internasionale gewoontereg verpligting om alle persone wat na bewering misdade gepleeg het binne die jurisdiksie van die Hof (oorlogsmisdade, misdade teen die mensdom en volksmoord) te verhinder, vind en straf. Dit is veral uitdagend waar sodanige persone burgers is van State wat nie partye is nie. Die verskillende betekenisse van die internasionale samewerking in kriminele sake word bespreek met verwysing na, en onderskei van, die samewerkende stelsel van die Internasionale Kriminele Tribunale vir Rwanda en die voormalige Joego-Slawië. Vir State wat partye is tot die Statuut van Rome, evalueer die tesis - in die konteks van die beginsel van komplementariteit - die mate van hul onvermoë, of ongewilligheid om werklik persone te vervolg wat na bewering misdade gepleeg het binne die jurisdiksie van die Hof. Dit poog om aan te spreek, waar so 'n onvermoë of ongewilligheid bepaal is deur die Hof, hoe effektiewe samewerking tussen State wat partye is en die Hof, die belange van geregtigheid die beste kan dien. Die tesis beantwoord die vraag op watter mate die beginsel van komplementariteit die samewerking van die State met die Hof beïnvloed, ongeag of hierdie State partye is tot die Statuut van Rome. Die konsep van positiewe komplementariteit wat samewerking vestig tussen die Hof en die nasionale jurisdiksies aangaande kriminele sake word verder ondersoek in die konteks van die Hof se vermoë om plaaslike eienaarskap in die handhawing van die internasionale kriminele regstelsel te versterk. 'n Genuanseerde bespreking op die praktyk van die Hof met betrekking tot die reg van persone voor die Hof word ontwikkel. Die regte van 'n beskuldigde in die verskillende fases van die hof verrigtinge en die regte van slagoffers en geaffekteerde gemeenskappe van misdade binne die hof se jurisdiksie word in diepte bespreek in die lig van die onlangs gevestigde beginsels wat die Hof se behandeling van hierdie individue reguleer. Hierdie persone is sleutel gespreksgenote in die internasionale kriminele regstelsel en het die tradisionele fokus verskuif van die internasionale reg van State na individue, en bring oor 'n ander soort verhouding tussen State as 'n kollektiewe en hulle behandeling van hierdie individue as gevolg van hul verpligtinge aan die Statuut van Rome. Ten slotte bevraagteken die tesis die handhawings meganismes onder die Statuut van Rome. In teenstelling met State, het die Hof nie 'n handhawing entiteit soos 'n Polisiemag wat persone kon arresteer wat beskuldig word van misdade binne sy jurisdiksie, deursoek en beslagleggings uitvoer of persone dwing om as getuies te verskyn voor die Hof nie. Tog, moet die Hof sy praktyk van uitvoering van vonnisse wat dit oplê op veroordeelde persone en in sy bydrae tot herstellende geregtigheid die handhawing van herstelling in samewerking met ander Statuut van Rome entiteite soos die Trust Fonds vir Slagoffers krities assesseer.
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Kibrit, Orly. "Auxílio direto para fins de investigação criminal: novos parâmetros para a cooperação jurídica internacional." Universidade Presbiteriana Mackenzie, 2013. http://tede.mackenzie.br/jspui/handle/tede/1072.

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Made available in DSpace on 2016-03-15T19:33:58Z (GMT). No. of bitstreams: 1 Orly Kibrit.pdf: 1255983 bytes, checksum: 518b77c90880a3aa7d02d84ab8ff30c2 (MD5) Previous issue date: 2013-01-28
Analyzes the need for that in the context of globalization, be intensified and strengthened intergovernmental relations through international legal cooperation. Addresses the need to promote changes in the implementation of this instrument in combating the increasing international crime, demonstrating the imperative of a review of the concepts of sovereignty and citizenship, institutes that should follow the movement of globalization and internationalization of law, striking realities today. Analyzes potential role models to be used by States in adapting to this new global reality, concluding that harmonization is the model whit greater plausibility, by adopting the model of State Constitutional Cooperative. Thereby, proves to be the direct assistance the sort of international legal cooperation that deserves highlighting, because its parameters deviate formal and bureaucratic barriers that currently states face in joint action and enable a permeable relationship between the countries.
Analisa a necessidade de que, no contexto da globalização, sejam intensificadas e fortalecidas as relações intergovernamentais por meio da cooperação jurídica internacional. Trata da necessidade de se promover mudanças na implementação desse instrumento no combate à crescente criminalidade internacional, demonstrando a imperatividade de uma revisão sobre os conceitos de soberania e cidadania, institutos que devem acompanhar o movimento da globalização e da internacionalização do direito, realidades marcantes na atualidade. Analisa os possíveis modelos de atuação a serem utilizados pelos Estados na adequação a essa nova realidade global, concluindo pela maior plausibilidade da harmonização, por meio da adoção do modelo de Estado Constitucional Cooperativo. Nessa linha, demonstra ser o auxílio direto espécie de cooperação jurídica internacional que merece destaque, pois seus parâmetros afastam os entraves burocráticos e formais que atualmente os Estados enfrentam na atuação conjunta e possibilitam um relacionamento permeável entre os países.
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Souza, Carolina Yumi de. "Cooperação bilateral Brasil-EUA em matéria penal: alcançando o devido processo." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/2/2137/tde-15102015-140217/.

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O objetivo desta tese é demonstrar como se pode alcançar, na cooperação jurídica internacional, o respeito ao devido processo legal, ao mesmo tempo em que sejam respeitados os ordenamentos jurídicos envolvidos. Pluralidade de ordenamentos, confiança mútua, respeito aos direitos fundamentais e o dever/necessidade de cooperar conduzem a aparentes dicotomias na apreciação da matéria, como aquela que contrapõe eficiência e garantismo. Contextualizada a cooperação e analisadas suas principais caraterísticas, afirmamos que cooperação eficaz, reconhecimento da diversidade de sistemas jurídicos e direitos dos concernidos constituem os principais vetores do instituto, cujo equilíbrio é essencial a sua correta aplicação. Partindo desta premissa, a cooperação não pode ser entendida como instrumento dedicado primordialmente ao uso da acusação, como mais uma ferramenta de combate ao crime, mas como procedimento que tem por finalidade a consecução de um processo justo. Para problematizar a forma com a qual seria garantido este processo justo, parte-se do estudo da relação bilateral entre Brasil e Estados Unidos, que congrega os principais desafios a uma cooperação embasada no respeito aos direitos fundamentais, que deve permear todos os ramos do direito e, em especial, no respeito aos direitos da defesa, que são os mais atingidos na prática deste instituto. Analisa-se também o sistema estadunidense de cooperação jurídica internacional, com ênfase em sua legislação e jurisprudência sobre o tema. Esta análise é oportuna, pois a atuação dos Estados Unidos na área é bastante intensa e sua disciplina exaustiva, constituindo o estudo do direito comparado vantajoso à tentativa de propositura de soluções a questões não resolvidas no ordenamento brasileiro, cuja carência de regulamentação conduz a incertezas. Estas incidem principalmente na salvaguarda dos direitos da defesa, alijada do processo de desenvolvimento do instituto e excluída da utilização do MLAT (Mutual Legal Assistance Treaty) e da possibilidade de interferir no deslinde da execução de um pedido de assistência. Uma vez identificados pontualmente os principais problemas, prosseguimos com a apresentação de soluções gerais, consubstanciadas em propostas de interpretação de nossa legislação. Em síntese, estas propostas são direcionadas à proteção da ampla defesa, demonstrando-se a necessidade de disponibilizar meios adequados de atuação à defesa que, em homenagem ao corolário da paridade de armas, devem ser proporcionais aos meios que possui a acusação. Além disso, a defesa deve ter a oportunidade de se manifestar em todos os momentos do cumprimento do pedido de cooperação, não devendo se constituir em regra o contraditório diferido. Por fim, as sugestões voltar-se-ão ao papel que as tradicionais causas de restrição à assistência podem desempenhar na salvaguarda dos direitos aqui estudados.
The goal of this thesis is to demonstrate how the respect to the due process of law can be achieved at the same time that the legal systems involved are respected on an international legal cooperation. The plurality of jurisdictions, mutual confidence, respect for fundamental rights and duty/need to cooperate lead to apparent dichotomies when evaluating the matter, such as the one that contrasts efficiency and guaranteeism. However, when contextualizing the cooperation and analyzing its main features, we affirm that the effective cooperation, recognition of the diversity of legal systems and the rights of those concerned are the main vectors of the institute, whose balance is essential to its correct application. Starting from this premise, cooperation cannot be understood as an instrument dedicated primarily to the use of the prosecution as another crime-fighting tool, but rather as a procedure whose purpose is to achieve a fair trial. To discuss the way in which this fair trial would be guaranteed, we start by studying the bilateral relations between Brazil and United States, which brings together the main challenges to a cooperation based on the respect for fundamental rights, which must permeate all branches of law, and, in particular, the respect to the rights of the defense, which are the ones hit the hardest in the practice of this institute. Then, the American system of international legal cooperation will be also analyzed with an emphasis on its legislation and jurisprudence on the subject. This analysis is timely, as the performance of the United States in the area is quite intense and its discipline is exhaustive, which makes the study of the comparative law beneficial to the attempt at propositioning solutions to unresolved issues in the Brazilian system, whose lack of regulation leads to uncertainty. These mainly focus on safeguarding the rights of the defense, jettisoned from the development process of the institute and excluded from the use of MLAT (Mutual Legal Assistance Treaty) and from the possibility of interfering in the outcome of the execution of a request for assistance. After promptly identifying the main problems, we proceed with the presentation of general solutions embodied in proposals for interpretation and amendment of our legislation. In summary, these proposals are directed to the protection of being heard, which demonstrate the need of making available appropriate means of action to the defense that should be proportional to the means that the prosecution has in honor of the corollary of parity of weapons. In addition, the defense should have the opportunity to manifest itself at all times of the execution of the request for cooperation and the deferred adversary proceeding should not become the rule. Finally, the suggestions will return to the role that the traditional causes of restriction to the assistance can play when safeguarding the rights studied herein.
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Morin, Marie-Eve. "Le système pénal de l’Union européenne." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0392/document.

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Délimitée par référence à la jurisprudence de la Cour Européenne des droits de l’homme, le champ pénal de l’Union européenne se révèle plus conséquent que ce que l’apposition du qualificatif « pénal », en droit de l’Union, ne le laisse penser. Envisager dans sa globalité, à l’aune des caractéristiques d’un système juridique et des modèles pénaux existant, les éléments du champ pénal de l’Union européenne peuvent alors s’agencer comme les pièces d'un puzzle qui prend progressivement forme et dont l'image générale se dessine peu à peu. Le champ pénal de l’Union européenne n’est plus qu’une compilation de normes. Il constitue désormais un système juridique : un ensemble d'éléments en interaction, évoluant dans un environnement déterminé, structuré en fonction des finalités qu’il est destiné à satisfaire, agissant sur son environnement et se transformant avec le temps sans perdre son identité. Son idéologie pénale à dominante répressive n’a rien de particulièrement original ; sa physionomie, en tant que système pénal, en revanche, reproduit l'atypisme proprement unioniste
Defined by the Europe court of human rights (ECHR), the EU extend its scope of action beyond the definition of « penal » as found in the EU law. Seen as a whole, taken the characteristics and models of already existing law systems, the different elements of the EU law scope can be put together like a jigsaw puzzle, revealing pieces after pieces the general picture. The penal scope of the EU isn’t just about regulations anymore. It acts as a legal system - a set of elements interacting with one another, evolving in set environment, structured to meet set up goals, taking action on its environment and evolving with time without losing its identity/nature. Its penal ideology and restrictive tendencies are not innovative, but its structure, on the other hand, replicate the atypical trait of the EU
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Bekou, Olympia. "International criminal justice at the interface : the relationship between international criminal courts and national legal orders." Thesis, University of Nottingham, 2005. http://eprints.nottingham.ac.uk/13411/.

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International criminal courts do not operate to the exclusion of national legal orders, but co-exist with them. The present thesis provides an in-depth analysis of the above relationship. By examining the concepts of primacy and complementarity on the basis of which the ad hoc international criminal Tribunals and the permanent International Criminal Court seize jurisdiction, the foundations of the interface are explored. As effectiveness is a key concept to international criminal justice, the relationship between international criminal courts and national legal systems is tested, by examining the co-operation regimes envisaged in the Statutes of both the Tribunals and the ICC, as well as the problems that arise in practice. Moreover, the way the UN Security Council affects State interplay with international criminal justice institutions is crucial for a holistic understanding of the limitations of the interaction. The final part of the thesis focuses on national incorporation efforts and provides a detailed analysis of implementing legislation of a number of key States with a view to discerning some common approaches and highlighting problem areas. The present thesis argues that despite the different constitutional bases of the Tribunals and the ICC, similar questions of interface with national courts arise and the challenges presented could be better tackled by aiming for a "functional or workable interaction". Overall, the originality of this thesis lies in its analytical approach. By scrutinising a number of crucial aspects of the relationship between international criminal courts and national legal orders an overview of the research question posed is achieved. Moreover, the examination of the legal principles and their practical application is complemented by a comprehensive discussion of national implementing legislation which has not previously been attempted in a similar manner. [Files associated with the accompanying CD-ROM (print version) are available on request to subject librarian.]
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Russowsky, Iris Saraiva. "O mandado de detenção na União Europeia : um modelo para o MERCOSUL." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2011. http://hdl.handle.net/10183/39528.

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Este trabalho tem como objetivo analisar a viabilidade de aplicação do instrumento de Mandado de Detenção Europeu (que foi criado em decorrência da quebra de fronteiras gerada com integração regional europeia, União Europeia) no bloco de integração regional latino-americano, MERCOSUL, tendo em vista ser um instrumento substitutivo do Instituto extradicional aplicado no âmbito criminal. Em um primeiro momento é tratado o fenômeno da globalização, da integração regional e sua repercussão no universo criminal, observando-se o surgimento de uma nova modalidade criminal, qual seja a criminalidade transnacional. Em decorrência dessa criminalidade transnacional, que abrange mais de um território nacional é estudado o desenvolvimento de uma cooperação jurídica internacional em matéria penal entre os países, com a finalidade de combater a impunidade. Assim, faz-se um paralelo sobre cooperação jurídica internacional em matéria penal nos blocos de integração regional: União Europeia e MERCOSUL. Adiante, analisa-se o mandado de detenção europeu, seu surgimento na União Europeia e o papel do principio do reconhecimento mutuo na aplicação desse instituto. Por fim, examina-se a possibilidade, enfim, de aplicação desse instituto no bloco do MERCOSUL.
This study aims to examine the application of the instrument of the European Arrest Warrant (which was created as a result of the breach of boundaries generated with European regional integration, European Union) in the block of regional integration in Latin America, MERCOSUR considering it as a substitute for the extraditional institute instrument, which is applied in international criminal justice as a cooperation instrument. At first the phenomenon of globalization, regional integration and their impact on the criminal universe is analyzed. From this the emergence of a new criminal mode, transnational criminality has been observed. Because of this transnational criminality, which covers more than one country, the development of international legal cooperation in criminal matters is studied between the countries, with the aim of combating impunity. With this, a parallel on international legal cooperation in criminal matters in the blocks for regional integration is made: the European Union and MERCOSUR. Before this, it analyzes the European Arrest Warrant, the appearance and development in the European Union and the function of the principle of mutual recognition in the implementation of this institute. Finally, it examines the possibility of implementation of this institute in the MERCOSUR bloc.
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Stappert, Nora. "International courts and legal innovation : the politics and practices of interpretation in international criminal law." Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:fc01d1e2-806d-48b3-88fe-88fd710426e1.

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In international criminal law (ICL), legal meaning has been developed substantially through the judgments of international courts. Compared to some of their prosecutorial decisions, however, the way in which international judges have interpreted legal provisions has remained relatively uncontested. This study uses practice theory as a particularly fruitful lens through which to study the politics of legal interpretation. It analyses the conditions under which the creation of a comparatively uncontested judicial space became possible as an interplay between political commitments and the professional assumptions of ICL experts. The study argues that international criminal courts - unlike hybrid courts - have been accorded a particularly high degree of interpretive authority through what will be called the 'practice of privileged precedent'. It traces how this interpretive practice has been shared across institutional settings within a broader interpretive community, including by government officials and civil society representatives. Through this research, this thesis emphasises the relevance of legal interpretation for IR's understanding of international law and international courts. Drawing on legal theory, it also addresses one of the key challenges of IR's practice turn: its capacity to account for the creative potential of international practices. Methodologically, the thesis combines qualitative and quantitative forms of content analysis, elite interviews, and legal interpretive methods. It is based on an examination of over 100 judgments of international and hybrid criminal courts interpreting the crime of genocide and the law of war crimes, including judicial decisions delivered by the International Criminal Court (ICC), the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the Special Court for Sierra Leone (SCSL). This analysis is supplemented by 28 elite interviews with judges and legal experts at international criminal courts, staff at civil society organisations, and government officials working for the British and German foreign offices.
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Kalembera, Sylvester A. "The implementation of international criminal law in Malawi." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4488_1363356960.

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On 17 July 1998, a total of 120 States, including Malawi, voted for the adoption of the Rome Statute of the International Criminal Court. The ermanent ICC became operational on 1 July 2002. The ICC has jurisdiction over the crime of genocide, crimes against humanity, and war crimes. These crimes are the most serious crimes of international concern. The 
ICC operates under the principle of complementarity, which entails that the ICC will only assume jurisdiction over these core crimes in the event that a State Party is unwilling and unable genuinely to carry out the investigation and prosecution. States Parties have, therefore, the primary responsibility to investigate and prosecute these crimes. The States 
Parties must therefore establish jurisdiction to conduct investigations and prosecution of these core crimes. It is from that background, coupled with the historical evolution and development of international criminal law, with regard to individual criminal responsibility, that this paper argues for the implementation of the Rome Statute in Malawi, through 
domestic legislation.The paper thus argues that only through domestic legislation can the purports of the Rome Statute be achieved and fulfilled by Malawi.

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Parrillo, Robert Louis. "Extradition a test of international cooperation in the enforcement of domestic criminal law /." Tallahassee, Florida : Florida State University, 2009. http://etd.lib.fsu.edu/theses/available/etd-05232009-145316.

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Thesis (Ph. D.)--Florida State University, 2009.
Advisor: Will H. Moore, Florida State University, College of Social Sciences, Dept. of Political Science. Title and description from dissertation home page (viewed on Oct. 28, 2009). Document formatted into pages; contains v, 106 pages. Includes bibliographical references.
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Books on the topic "Criminal law: international legal cooperation"

1

Mutual legal assistance in international criminal matters. [The Hague]: International Courts Association, 2012.

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United States. Congress. Senate. Committee on Foreign Relations. Mutual legal assistance cooperation treaty with Mexico: Report together with additional views. [Washington, D.C.?: U.S. G.P.O., 1989.

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Relations, United States Congress Senate Committee on Foreign. Mutual legal assistance cooperation treaty with Mexico: Report together with additional views. [Washington, D.C.?: U.S. G.P.O., 1989.

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Relations, United States Congress Senate Committee on Foreign. Mutual legal assistance cooperation treaty with Mexico: Report together with additional views (to accompany Treaty doc. 100-13). [Washington, D.C.?: U.S. G.P.O., 1988.

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Mexico. Mutual legal assistance cooperation treaty with Mexico: Message from the President of the United States transmitting the treaty on cooperation between the United States of America and the United Mexican States for mutual legal assistance, signed at Mexico City on December 9, 1987. Washington: U.S. G.P.O., 1988.

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United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs. Subcommittee on Securities. The International Securities Enforcement Cooperation Act of 1988: Hearing before the Subcommittee on Securities of the Committee on Banking, Housing, and Urban Affairs, United States Senate, One Hundredth Congress, second session, on S. 2544 ... June 29, 1988. Washington: U.S. G.P.O., 1988.

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Tobago, Trinidad and. Mutual legal assistance in criminal matters with Trinidad and Tobago: Message from the president of the United States of America transmitting treaty between the government of the United States of America and the government of Trinidad and Tobago on mutual legal assistance in criminal matters, signed at Port of Spain on March 4, 1996. Washington: U.S. G.P.O., 1997.

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Tobago, Trinidad and. Mutual legal assistance in criminal matters with Trinidad and Tobago: Message from the president of the United States of America transmitting treaty between the government of the United States of America and the government of Trinidad and Tobago on mutual legal assistance in criminal matters, signed at Port of Spain on March 4, 1996. Washington: U.S. G.P.O., 1997.

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Tobago, Trinidad and. Mutual legal assistance in criminal matters with Trinidad and Tobago: Message from the president of the United States of America transmitting treaty between the government of the United States of America and the government of Trinidad and Tobago on mutual legal assistance in criminal matters, signed at Port of Spain on March 4, 1996. Washington: U.S. G.P.O., 1997.

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Mexico. Mutual legal assistance cooperation treaty with Mexico: Message from the President of the United States transmitting the treaty on cooperation between the United States of America and the United Mexican States for mutual legal assistance, signed at Mexico City on December 9, 1987. Washington: U.S. G.P.O., 1988.

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Book chapters on the topic "Criminal law: international legal cooperation"

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Novotná, Jaroslava. "Implementation of Legal Assistance Agreements from the Perspective of Czech Law." In Treaty Enforcement and International Cooperation in Criminal Matters, 224–29. The Hague: T.M.C. Asser Press, 2002. http://dx.doi.org/10.1007/978-90-6704-695-4_28.

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Atilano, Tania Ixchel. "Proposed Legal Framework." In International Criminal Law in Mexico, 227–72. The Hague: T.M.C. Asser Press, 2021. http://dx.doi.org/10.1007/978-94-6265-455-6_10.

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Atilano, Tania Ixchel. "The Mexican Legal System." In International Criminal Law in Mexico, 9–17. The Hague: T.M.C. Asser Press, 2021. http://dx.doi.org/10.1007/978-94-6265-455-6_2.

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Yang, Justin Su-Wan. "Pluralism in international criminal law." In Domestic Legal Pluralism and the International Criminal Court, 18–50. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003168300-2.

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Werle, Gerhard. "C. International Criminal Law and the International Legal Order." In Principles of International Criminal Law, 39–48. The Hague: T.M.C. Asser Press, 2009. http://dx.doi.org/10.1007/978-90-6704-559-9_3.

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Temminck Tuinstra, Jarinde P. W. "The Right to Legal Assistance." In Defence Counsel in International Criminal Law, 13–73. The Hague: T.M.C. Asser Press, 2009. http://dx.doi.org/10.1007/978-90-6704-643-5_2.

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Othman, Mohamed. "Concurrent Jurisdiction: Legal and Policy Considerations." In Treaty Enforcement and International Cooperation in Criminal Matters, 65–76. The Hague: T.M.C. Asser Press, 2002. http://dx.doi.org/10.1007/978-90-6704-695-4_9.

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Kellman, Barry. "National Legislation to Implement Legal Assistance and Cooperation." In Treaty Enforcement and International Cooperation in Criminal Matters, 35–41. The Hague: T.M.C. Asser Press, 2002. http://dx.doi.org/10.1007/978-90-6704-695-4_5.

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Felgenhauer, Harald. "Institutionalised Law Enforcement Cooperation Through Europol." In Treaty Enforcement and International Cooperation in Criminal Matters, 363–70. The Hague: T.M.C. Asser Press, 2002. http://dx.doi.org/10.1007/978-90-6704-695-4_47.

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Yang, Justin Su-Wan. "Legal pluralism and Shari'a law." In Domestic Legal Pluralism and the International Criminal Court, 51–82. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003168300-3.

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Conference papers on the topic "Criminal law: international legal cooperation"

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Nichita (Vasile), Camelia Elena, Miruna Angela Mutu, and Iliana Maria Zanfir. "Trafficking in Human Beings in the Context of Global Ethics." In 2nd International Conference Global Ethics - Key of Sustainability (GEKoS). LUMEN Publishing House, 2021. http://dx.doi.org/10.18662/lumproc/gekos2021/21.

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The concept of “Global Ethics” refers to the analysis and identification of ethical solutions to the challenges of the contemporary world. Among the current global problems we bring to the fore: illegal immigration as a component of human trafficking, but also other global issues interdependent with the two crimes above: violation of human rights and freedoms, poverty, resource scarcity, discrimination, illegal international business and trade, all of which, requesting from the authorities and beyond, legislative and ethical solutions. Legal migration is the widely accepted form globally, since it can be determined over time, but also controlled in terms of the number of people, fields and jobs. Illegal migration is the alternative used by people who cannot use the legal route to go abroad. A component of trafficking in human beings, illegal migration is a global scourge, hard to control, caused by organised criminal groups, but also by the increasing ingenuity of criminals. Although the phenomenon is manifesting itself worldwide, it is accentuated by the fact that there is a lack of appropriate legislation and an effective system of cooperation between government institutions and civil society.Trafficking in human beings must be related to the causes that led to its emergence: discrimination in the labour market revealed by high unemployment rates (women vs. men), poverty combined with low remuneration for work performed, corruption of authorities, poor border control, restriction of legal migration opportunities, internationalization of criminal groups correlated with high profits from human trafficking, poor information of people who want to emigrate about the real effects of the labour market. Knowing this phenomenon, but also of the causes that cause it to occur, determines the process of working for knowledge, resolution and fight against it. The present work is intended to be a source of information that makes available to those interested that information about illegal migration, as well as how state structures can and should be involved in the situation.
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Suzanalisa, Suzanalisa. "The Policy Of Criminal Law In Eradicating Online Prostitution In Indonesia." In ILC 2017 - 9th UUM International Legal Conference. Cognitive-Crcs, 2018. http://dx.doi.org/10.15405/epsbs.2018.12.03.13.

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Wijaya, Firman. "Legal Protection for Whistleblower in Criminal Justice System of Indonesia." In International Conference on Law, Economics and Health (ICLEH 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200513.020.

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Kullolli, Brunela, and Ilrijan Hysa. "THE RIGHT TO A FAIR TRIALIN CRIMINAL LAW. LEGAL TIME LIMITS." In 44th International Academic Conference, Vienna. International Institute of Social and Economic Sciences, 2018. http://dx.doi.org/10.20472/iac.2018.044.025.

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Amalia Lewerissa, Yanti, and Rolland A. Samson. "The LGBTIQ in Perspective of Criminal Law and Christian Doctrine: The Problem of Law and Morality." In 1st International Conference on Indonesian Legal Studies (ICILS 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/icils-18.2018.13.

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Mustikasari, Erni, Hartiwiningsih, and Y. Taruono Muryanto. "Implementing “Legal Reality Model” Into Indonesia Corporate Criminal Liability." In Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/icglow-19.2019.32.

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Sumardiana, Benny. "Corporate Civil Airlines Criminal Responsibility against Theft of Passengers Luggage in Terms of the Aspect of Criminal Law Indonesia." In 1st International Conference on Indonesian Legal Studies (ICILS 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/icils-18.2018.16.

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Lykhova, Sofiia, Dariia Hurina, and Viktoriia Sysoieva. "Liability for Aviation Crimes: Criminal Law and Criminological Aspects." In International Conference on Business, Accounting, Management, Banking, Economic Security and Legal Regulation Research (BAMBEL 2021). Paris, France: Atlantis Press, 2021. http://dx.doi.org/10.2991/aebmr.k.210826.033.

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Surbakti, Anton, Ediwarman, and Madiasa. "The Effect of Legal Culture Toward Criminal Policies of Bribery in Indonesia." In International Conference on Law, Governance and Islamic Society (ICOLGIS 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200306.177.

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Тищенко, Екатерина, and Ekaterina Tischenko. "Problems of criminal law protection of the child's life before his birth." In International legal aspects of family law and protection of children's rights. Москва: INFRA-M Academic Publishing LLC., 2018. http://dx.doi.org/10.12737/2955-208-223.

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Reports on the topic "Criminal law: international legal cooperation"

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Bolton, Laura. Criminal Activity and Deforestation in Latin America. Institute of Development Studies (IDS), December 2020. http://dx.doi.org/10.19088/k4d.2021.003.

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This review examines evidence on criminal deforestation activity in Latin America (particularly, but not exclusively the Amazon) and draws from the literature on the lessons learned in combatting criminal deforestation activity. This review focuses on Brazil as representative of the overwhelming majority of literature on criminal activity in relation to deforestation in the Amazon. The literature notes that Illegal deforestation occurs largely through criminal networks as they have the capacity for coordination, processing, selling, and the deployment of armed men to protect operations. Bribery, corruption, and fraud are deeply ingrained in deforestation. Networks may bribe geoprocessing experts, police, and public officials. Members of the criminal groups may become council members, mayors, and state representatives. Land titles are fabricated and trading documentation fraudulent. The literature also notes some interventions to combat this criminal deforestation activity: monitoring and law enforcement; national systems for registry and monitoring; legal enforcement for compliance of environmental law; International agreements and action; and Involving indigenous communities in combatting deforestation.
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Jones, Nicole S. 2018 Impression, Pattern and Trace Evidence Symposium. RTI Press, May 2018. http://dx.doi.org/10.3768/rtipress.2018.cp.0006.1805.

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From January 22 to 25, 2018, RTI International, the National Institute of Justice (NIJ) and the Forensic Technology Center of Excellence (FTCoE) held the 2018 Impression, Pattern and Trace Evidence Symposium (IPTES) in Arlington, VA, to promote collaboration, enhance knowledge transfer, and share best practices and policies for the impression, pattern, and trace evidence forensic science communities. NIJ and FTCoE are committed to improving the practice of forensic science and strengthening its impact through support of research and development, rigorous technology evaluation and adoption, effective knowledge transfer and education, and comprehensive dissemination of best practices and guidelines to agencies dedicated to combating crime. The future of forensic sciences and its contribution to the public and criminal justice community is a motivating topic to gather expertise in a forum to discuss, learn, and share ideas. It’s about becoming part of an essential and historic movement as the forensic sciences continue to advance. The IPTES was specifically designed to bring together practitioners and researchers to enhance information-sharing and promote collaboration among the impression, pattern, and trace evidence analysts, law enforcement, and legal communities. The IPTES was designed to bring together practitioners and researchers to enhance information sharing and promote collaboration among impression, pattern, and trace evidence analysts, law enforcement, and legal communities. This set of proceedings comprises abstracts from workshops, general sessions, breakout sessions, and poster presentations.
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Idris, Iffat. LGBT Rights and Inclusion in Small Island Developing States (SIDS). Institute of Development Studies (IDS), February 2021. http://dx.doi.org/10.19088/k4d.2021.067.

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This review looks at the extent to which LGBT rights are provided for under law in a range of Small Island Developing States (SIDS), and the record on implementation/enforcement, as well as approaches to promote LGBT rights and inclusion. SIDS covered are those in the Caribbean, Pacific, and Atlantic-Indian Ocean-South China Sea (AIS) regions. The review draws on a mixture of grey literature (largely from international development agencies/NGOs), academic literature, and media reports. While the information on the legal situation of LGBT people in SIDS was readily available, there was far less evidence on approaches/programmes to promote LGBT rights/inclusion in these countries. However, the review did find a number of reports with recommendations for international development cooperation generally on LGBT issues. Denial of LGBT rights and discrimination against LGBT people is found to varying extents in all parts of the world. It is important that LGBT people have protection in law, in particular the right to have same-sex sexual relations; protection from discrimination on the grounds of sexual orientation; and the right to gender identity/expression. Such rights are also provided for under international human rights conventions such as the Universal Declaration of Human Rights, while the Sustainable Development Goals are based on the principle of ‘leave no one behind'.
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