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The Vietnam War and International Law, Volume 4: The Concluding Phase
by Richard A. FalkThis concluding volume of The Vietnam War and International Law focuses on the last stages of America's combat role in Indochina. The articles in the first section deal with general aspects of the relationship of international law to the Indochina War. Sections II and III are concerned with the adequacy of the laws of war under modern conditions of combat, and with related questions of individual responsibility for the violation of such laws. Section IV deals with some of the procedural issues related to the negotiated settlement of the war. The materials in Section V seek to reappraise the relationship between the constitutional structure of the United States and the way in which the war was conducted, while the final section presents the major documents pertaining to the end of American combat involvement in Indochina. A supplement takes account of the surrender of South Vietnam in spring 1975.Contributors to the volume—lawyers, scholars, and government officials—include Dean Rusk, Eugene V. Rostow, Richard A. Falk, John Norton Moore, and Richard Wasserstrom.Originally published in 1976.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
The Vietnam War and International Law, Volume 3: The Widening Context
by Richard A. FalkIssues of the war that have provoked public controversy and legal debate over the last two years—the Cambodian invasion of May-June 1970, the disclosure in November 1969 of the My Lai massacre, and the question of war crimes—are the focus of Volume 3. As in the previous volumes, the Civil War Panel of the American Society of International Law has endeavored to select the most significant legal writing on the subject and to provide, to the extent possible, a balanced presentation of opposing points of view. Parts I and II deal directly with the Cambodian, My Lai, and war crimes debates. Related questions are treated in the rest of the volume: constitutional debate on the war; the distribution of functions among coordinate branches of the government; the legal status of the insurgent regime in the struggle for control of South Vietnam; prospects for settlement without a clear-cut victory; and Vietnam's role in general world order. The articles reflect the views of some forty contributors: among them, Jean Lacouture, Henry Kissinger, John Norton Moore, Quincy Wright, William H. Rhenquist, and Richard A. Falk.Originally published in 1972.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Vietnam Tax Guide: Domestic Fiscal System and International Treaties
by Lorenzo RiccardiVietnam is one of the main developing countries experiencing rapid growth in East Asia. As part of ASEAN and strategically located near China and the Mekong region, Vietnam is considered a leading market between Asian and South Asian countries. Its fiscal system has recently been reformed in order to better align rules with the country’s economic development. Vietnam grants tax incentives and fiscal holidays to foreign investors and has concluded a significant number of double taxation treaties with other nations. This book describes in detail Vietnam’s complex tax system and policies, as well as major bilateral treaties in which Vietnam has entered into using country-by-country analysis.
Vietnam: An Epic Tragedy: 1945-1975
by Max HastingsTHE SUNDAY TIMES BESTSELLER ‘His masterpiece’ Antony Beevor, Spectator ‘A masterful performance’ Sunday Times ‘By far the best book on the Vietnam War’ Gerald Degroot, The Times, Book of the Year
Vier Fragen zur Deutschen Strafproceßordnung mit einem Schlußwort über die Schöffengerichte
by Heinrich Rudolf von Gneist
Vienna Lectures on Legal Philosophy, Volume 3: Legal Reasoning (Vienna Lectures on Legal Philosophy)
by Christoph Bezemek, Michael Potacs and Alexander SomekThe third volume of the Vienna Lectures on Legal Philosophy series focuses on one of the most fiercely contested issues in contemporary legal philosophy: the question of the importance of legal reasoning and how to properly engage with it.This book considers legal reasoning from two different angles: it revolves, on the one hand, around debates concerning interpretation and balancing, but it also asks, on the other, whom we ought to entrust with decision-making based on legal reasoning and how this relates to the very concept of law.The book approaches these underlying problems from a variety of perspectives and against the backdrop of different academic traditions, showcasing the rich landscape of critical debates around contemporary legal reasoning.
Vienna Lectures on Legal Philosophy, Volume 3: Legal Reasoning (Vienna Lectures on Legal Philosophy)
The third volume of the Vienna Lectures on Legal Philosophy series focuses on one of the most fiercely contested issues in contemporary legal philosophy: the question of the importance of legal reasoning and how to properly engage with it.This book considers legal reasoning from two different angles: it revolves, on the one hand, around debates concerning interpretation and balancing, but it also asks, on the other, whom we ought to entrust with decision-making based on legal reasoning and how this relates to the very concept of law.The book approaches these underlying problems from a variety of perspectives and against the backdrop of different academic traditions, showcasing the rich landscape of critical debates around contemporary legal reasoning.
Vienna Lectures on Legal Philosophy, Volume 2: Normativism and Anti-normativism in Law (Vienna Lectures on Legal Philosophy)
by Christoph Bezemek Michael Potacs Alexander SomekThis second volume of the Vienna Lectures on Legal Philosophy series presents 11 chapters which are dedicated to normativist and anti-normativist approaches to law. The book focuses on the question: What is law? Is it a set of obligations imposed on courts and officials to guide their conduct and to assess the conduct of others? Or is it the result of settlements reached by opposing sides that accept arrangements and understandings to sustain peaceful cooperation?If law is the former its significance and meaning are independent of a shifting constellation of forces; if it is not, then what the law says depends on the relative power and prestige of the actors involved. With contributions from some of the leading scholars in the field, the collection presents a balanced and nuanced assessment of what is perhaps the most controversial debate in contemporary legal philosophy today.
Vienna Lectures on Legal Philosophy, Volume 2: Normativism and Anti-normativism in Law (Vienna Lectures on Legal Philosophy)
This second volume of the Vienna Lectures on Legal Philosophy series presents 11 chapters which are dedicated to normativist and anti-normativist approaches to law. The book focuses on the question: What is law? Is it a set of obligations imposed on courts and officials to guide their conduct and to assess the conduct of others? Or is it the result of settlements reached by opposing sides that accept arrangements and understandings to sustain peaceful cooperation?If law is the former its significance and meaning are independent of a shifting constellation of forces; if it is not, then what the law says depends on the relative power and prestige of the actors involved. With contributions from some of the leading scholars in the field, the collection presents a balanced and nuanced assessment of what is perhaps the most controversial debate in contemporary legal philosophy today.
Vienna Lectures on Legal Philosophy, Volume 1: Legal Positivism, Institutionalism and Globalisation (Vienna Lectures on Legal Philosophy)
by Christoph Bezemek Michael Potacs Alexander SomekThe first volume of the Vienna Lectures on Legal Philosophy illustrates the remarkable scope of contemporary legal philosophy. It introduces methodological questions rooted in national academic discourses, discusses the origin of legal systems, and contrasts constitutionalist and monist approaches to the rule of law with the institutionalist approach most prominently and vigorously defended by Carl Schmitt. The issue at the core of these topics is which of these perspectives is more plausible in an age defined both by a 'postnational constellation' and the re-emergence of nationalist tendencies; an age in which the law increasingly cancels out borders only to see new frontiers erected.
Vienna Lectures on Legal Philosophy, Volume 1: Legal Positivism, Institutionalism and Globalisation (Vienna Lectures on Legal Philosophy)
by Christoph Bezemek Michael Potacs Alexander SomekThe first volume of the Vienna Lectures on Legal Philosophy illustrates the remarkable scope of contemporary legal philosophy. It introduces methodological questions rooted in national academic discourses, discusses the origin of legal systems, and contrasts constitutionalist and monist approaches to the rule of law with the institutionalist approach most prominently and vigorously defended by Carl Schmitt. The issue at the core of these topics is which of these perspectives is more plausible in an age defined both by a 'postnational constellation' and the re-emergence of nationalist tendencies; an age in which the law increasingly cancels out borders only to see new frontiers erected.
The Vienna Convention on the Law of Treaties in Investor-State Disputes: History, Evolution and Future
by Esmé Shirlow Kiran Nasir GoreThe Vienna Convention on the Law of Treaties (VCLT) – as the ‘treaty on treaties’ – has achieved a rich and nuanced track record of use in international law. It has now been over fifty years since the VCLT was opened for signature in 1969, and over forty years since it entered into force in 1980. As of 2022, the VCLT has been ratified by 116 States and signed by 45 others, with some non-ratifying States also recognising parts as reflective of customary international law. In the intervening decades, the VCLT has had a profound influence on the interpretation, application and development of international investment law, including in the context of investment treaty arbitration. This book presents the first consolidated analysis of how the VCLT has informed the practice of international investment law and the resolution of investor-State disputes, and the role that the VCLT may play in shaping the future of this field. The diverse contributors to this book are scholars and practitioners from around the world, who offer a variety of perspectives on the nexus between the VCLT, international investment law and investor-State dispute settlement (ISDS). Each chapter demonstrates how approaches to key issues of treaty law in investment treaty arbitration diverge or converge from the VCLT and approaches of other international courts, as well as the lessons that investment treaty arbitration could derive – or even offer – for the interpretation and application of the VCLT rules in other settings. Their insights and analyses consider aspects such as the role of the VCLT for: interpretation of more specific approaches to treaty law drafted by treaty negotiators; treaty application in circumstances of contested State territory or succession challenges; temporal challenges arising in treaty interpretation; the status of bilateral investment treaties between European Union Member States and related termination endeavours; questions concerning the validity, termination and amendment of investment treaties, including as part of ongoing ISDS reform processes; current multilateral reform proposals, including the possibility of an appellate mechanism or a multilateral investment court; grappling with the challenge of fragmentation in international investment law, including the role of prior decisions in treaty interpretation, the challenges introduced by treaty conflict and the multitude of approaches that may be taken by national courts when implementing treaties like the New York Convention; and treaty interpretation and drafting as aided by emerging technologies, such as data analytics, machine learning, smart contracts and blockchain. The book’s appendix provides a highly valuable tabular summary of ISDS arbitral practice relating to the VCLT, collating key references from over 350 different procedural orders, decisions and awards. By revisiting the role that the VCLT has played in the development of this field of law, this invaluable book unlocks insights into how the VCLT might be used to support its ongoing development and the resolution of the next generation of investor-State disputes. This book is essential reading for a variety of stakeholders, including arbitrators, counsel, scholars and government officials, who will benefit from its in-depth and practical analysis of the VCLT’s relevance to and impact on investment law and investor-State arbitration and its role in shaping where this field of public international law might be headed in the decades to come.
Vienna Convention on the Law of Treaties: A Commentary
by Oliver Dörr Kirsten SchmalenbachThe Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all of the Vienna Convention’s provisions. Each provision’s analysis consists of (I) Purpose and Function of the Article, (II) Historical Background with Negotiating History, (III) Elements of the Article and finally (IV) Treaties of International Organizations. In short, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. Furthermore, where the law of treaties reaches into other fields of international law, e.g. the law of state responsibility, the relevant interfaces are discussed and contextualized. With its focus on international practice, the Commentary is an invaluable reference for both academia and practitioners of international law.
Vienna Convention on the Law of Treaties: A Commentary
by Oliver Dörr and Kirsten SchmalenbachThe Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all provisions of the Vienna Convention. The texts are uniformly structured: (I) Purpose and Function of the Article, (II) Historical Background and Negotiating History, and (III) Elements of the Article. The Vienna Convention on Treaties between States and IOs and between IOs is taken into account where appropriate. In sum, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. Where the law of treaties reaches into other fields of international law, e.g. the law of state responsibility, the relevant interfaces are discussed and contextualized. With its focus on international practice, the Commentary is addressed to academia, as well as to practitioners of international law.
The Vienna Circle and the Lvov-Warsaw School (Nijhoff International Philosophy Series #38)
by A. Szaniawski
Vielfalt achten: Eine Ethik der Biodiversität (Edition transcript #12)
by Andreas HetzelDas Leben hat sich auf unserem Planeten zu einer unermesslichen Fülle von Formen ausdifferenziert, die in komplexen Weisen interagieren. Durch die Zerstörung unserer natürlichen Umwelt bedrohen wir das Wunder der globalen Biodiversität in seinem Fortbestand. Dabei verdrängen wir, dass auch die Menschheit weiter von der Produktivität jener Ökosysteme abhängig bleibt, zu denen sich das Leben evolutionär organisiert hat. Doch wie lässt sich überzeugend für den Erhalt von Biodiversität argumentieren? Sind Arten und Ökosysteme nur als Voraussetzungen gelingenden menschlichen Lebens schützenswert? Oder haben sie darüber hinaus einen von uns unabhängigen Eigenwert? Andreas Hetzel gibt philosophisch fundierte Antworten auf diese Fragen und diskutiert konkrete Möglichkeiten des Biodiversitätsschutzes.
Vielfalt achten: Eine Ethik der Biodiversität (Edition transcript #12)
by Andreas HetzelDas Leben hat sich auf unserem Planeten zu einer unermesslichen Fülle von Formen ausdifferenziert, die in komplexen Weisen interagieren. Durch die Zerstörung unserer natürlichen Umwelt bedrohen wir das Wunder der globalen Biodiversität in seinem Fortbestand. Dabei verdrängen wir, dass auch die Menschheit weiter von der Produktivität jener Ökosysteme abhängig bleibt, zu denen sich das Leben evolutionär organisiert hat. Doch wie lässt sich überzeugend für den Erhalt von Biodiversität argumentieren? Sind Arten und Ökosysteme nur als Voraussetzungen gelingenden menschlichen Lebens schützenswert? Oder haben sie darüber hinaus einen von uns unabhängigen Eigenwert? Andreas Hetzel gibt philosophisch fundierte Antworten auf diese Fragen und diskutiert konkrete Möglichkeiten des Biodiversitätsschutzes.
Video Game Policy: Production, Distribution, and Consumption (Routledge Advances in Game Studies)
by Steven Conway Jennifer DeWinterThis book analyzes the effect of policy on the digital game complex: government, industry, corporations, distributors, players, and the like. Contributors argue that digital games are not created nor consumed outside of the complex power relationships that dictate the full production and distribution cycles, and that we need to consider those relationships in order to effectively "read" and analyze digital games. Through examining a selection of policies, e.g. the Australian government’s refusal (until recently) to allow an R18 rating for digital games, Blizzard’s policy in regards to intellectual property, Electronic Arts’ corporate policy for downloadable content (DLC), they show how policy, that is to say the rules governing the production, distribution and consumption of digital games, has a tangible effect upon our understanding of the digital game medium.
Video Game Policy: Production, Distribution, and Consumption (Routledge Advances in Game Studies)
by Steven Conway and Jennifer deWinterThis book analyzes the effect of policy on the digital game complex: government, industry, corporations, distributors, players, and the like. Contributors argue that digital games are not created nor consumed outside of the complex power relationships that dictate the full production and distribution cycles, and that we need to consider those relationships in order to effectively "read" and analyze digital games. Through examining a selection of policies, e.g. the Australian government’s refusal (until recently) to allow an R18 rating for digital games, Blizzard’s policy in regards to intellectual property, Electronic Arts’ corporate policy for downloadable content (DLC), they show how policy, that is to say the rules governing the production, distribution and consumption of digital games, has a tangible effect upon our understanding of the digital game medium.
Victors' Justice: Tokyo War Crimes Trial
by Richard H. MinearThe klieg-lighted Tokyo Trial began on May 3, 1946, and ended on November 4, 1948, a majority of the eleven judges from the victorious Allies finding the twenty-five surviving defendants, Japanese military and state leaders, guilty of most, if not all, of the charges. As at Nuremberg, the charges included for the first time "crimes against peace" and "crimes against humanity," as well as conventional war crimes. In a polemical account, Richard Minear reviews the background, proceedings, and judgment of the Tokyo Trial from its Charter and simultaneous Nuremberg "precedent" to its effects today.Mr. Minear looks at the Trial from the aspects of international law, of legal process, and of history. With compelling force, he discusses the motives of the Nuremberg and Tokyo proponents, the Trial's prejudged course—its choice of judges, procedures, decisions, and omissions—General MacArthur's review of the verdict, the criticisms of the three dissenting judges, and the dangers inherent in such an international, political trial. His systematic, partisan treatment pulls together evidence American lawyers and liberals have long suspected, feared, and dismissed from their minds. Contents: Preface. I. Introduction. II. The Tokyo Trial. III. Problems of International Law. IV. Problems of Legal Process. V. Problems of History. VI. After the Trial. Appendices.Originally published in 1971.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Victims' Stories and the Advancement of Human Rights
by Diana Tietjens MeyersVictim's Stories and the Advancement of Human Rights takes on a set of questions suggested by the worldwide persistence of human rights abuse and the prevalence of victims' stories in human rights campaigns, truth commissions, and international criminal tribunals: What conceptions of victims are presumed in contemporary human rights discourse? How do conventional narrative templates fail victims of human rights abuse and resist raising novel human rights issues? What is empathy, and how can victims frame their stories to overcome empathetic obstacles and promote commitment to human rights? How can victims' stories be used ethically in the service of human rights? The book addresses these concerns by analyzing the rhetorical resources for and constraints on victims' ability to articulate their stories and by clarifying how their stories can contribute to enlarged understandings of human rights protections and deepened commitments to realizing human rights. It theorizes the normative content that victims' stories can convey and the bearing of that normative content on human rights. Throughout the book, published victims' stories-including stories of torture, slavery, genocide, rape in wartime, and child soldiering-are analyzed in conjunction with philosophical arguments. This book mobilizes philosophical theory to illuminate victims' stories and appeals to victims' stories to enrich the philosophy of human rights.
Victims Still: The Political Manipulation Of Crime Victims (PDF)
by Robert EliasThe 1980s saw official crime policy in the United States shifting its focus from crime and criminals to victimization and victims. In this thought-provoking book, Robert Elias evaluates the effectiveness of this shift in policy and argues that victims have been politically manipulated for official objectives. From a thorough examination of victim legislation, get-tough crime policies, media crime coverage, the victim movement, and the wars on crime and drugs, Elias concludes that little victim support has actually occurred and that victimization is, in fact, escalating. He argues for a change in the structural sources of crime and proposes a `new culture' that could lead to substantially less crime.
Victims’ Rights in Flux: Criminal Justice Reform in Colombia (Ius Gentium: Comparative Perspectives on Law and Justice #62)
by Astrid Liliana Sánchez-MejíaContributing to the literature on comparative criminal procedure and Latin American law, this book examines the effects of adversarial criminal justice reforms on victim’s rights by specifically analyzing the Colombian criminal justice reform of the early 2000s. This research focuses on the production, interpretation, and implementation of rules and institutions by exploring how different actors have employed the concept of victims and victims’ rights to promote their agendas in the context of criminal justice reforms. It also analyzes how the goals of these agendas have interplayed in practice. By the early 2000s, it seemed that the Colombian criminal justice system was headed towards a process characterized by broader victim participation, primarily because of the doctrine of the Constitutional Court on victims’ rights. But in 2002, the Colombian Attorney General promoted a more adversarial criminal justice reform. This book argues that this reform represented a sudden and unpredicted reversal of the Constitutional Court’s doctrine on victim participation, even though one of the central justifications for the reform was the need to satisfy human rights standards and adhere to the jurisprudence of the Constitutional Court on victims’ rights. In the criminal justice reform of the early 2000s and its subsequent modifications, the promotion of a dichotomous interpretation of the adversarial model—which conceived the criminal process as a competition between prosecution and defense—served to limit victim participation. This study examines how conceptions of victims’ rights emerged out of the struggles between different and at times competing agendas. In the Colombian process of reform, victims’ rights have been invoked both as a justification for criminal sanctions and as an explanation for crime prevention and restorative justice. After assessing quantitative and qualitative data, this book concludes that punitive approaches to victims’ rights have prevailed over restorative justice perspectives. Furthermore, it argues that punitiveness in the criminal justice system has not resulted in more protection for victims. Ultimately, this research reveals that the adversarial criminal justice reform of the early 2000s has not substantially improved the protection of victims’ rights in Colombia.
Victims Rights, Human Rights And Criminal Justice: Reconceiving The Role Of Third Parties (PDF)
by Jonathan DoakIn recent times, the idea of 'victims' rights' has come to feature prominently in political, criminological and legal discourse, as well as being subject to regular media comment. The concept nevertheless remains inherently elusive, and there is still considerable ambiguity as to the origin and substance of such rights. This monograph deconstructs the nature and scope of the rights of victims of crime against the backdrop of an emerging international consensus on how victims ought to be treated and the role they ought to play. The essence of such rights is ascertained not only by surveying the plethora of international standards which deal specifically with crime victims, but also by considering the potential cross-applicability of standards relating to victims of abuse of power, with whom they have much in common. In this book Jonathan Doak considers the parameters of a number of key rights which international standards suggest victims ought to be entitled to. He then proceeds to ask whether victims are able to rely upon such rights within a domestic criminal justice system characterised by structures, processes and values which are inherently exclusionary, adversarial and punitive in nature.
Victims' Rights, Human Rights and Criminal Justice: Reconceiving the Role of Third Parties
by Jonathan DoakIn recent times, the idea of 'victims' rights' has come to feature prominently in political, criminological and legal discourse, as well as being subject to regular media comment. The concept nevertheless remains inherently elusive, and there is still considerable ambiguity as to the origin and substance of such rights. This monograph deconstructs the nature and scope of the rights of victims of crime against the backdrop of an emerging international consensus on how victims ought to be treated and the role they ought to play. The essence of such rights is ascertained not only by surveying the plethora of international standards which deal specifically with crime victims, but also by considering the potential cross-applicability of standards relating to victims of abuse of power, with whom they have much in common. In this book Jonathan Doak considers the parameters of a number of key rights which international standards suggest victims ought to be entitled to. He then proceeds to ask whether victims are able to rely upon such rights within a domestic criminal justice system characterised by structures, processes and values which are inherently exclusionary, adversarial and punitive in nature.