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Collective Management of Music Copyright: A Comparative Analysis of China, the United States and Australia (Routledge Research in Intellectual Property)
by Qinqing XuTwo of the objectives of the Chinese Copyright Law are to protect the copyright of authors to their literary and artistic works and encourage the creation and dissemination of works. In practice, however, in spite of the existence of the Music Copyright Society of China ('MCSC') that was established to assist with exercising copyright, music creators in China remain in need of help to protect and manage their fragmented copyright. The MCSC was the first collective management organisation ('CMO') in mainland China and is the only CMO in the field of musical works. While there is a large music industry and copyright business in China, the MCSC only had 11,356 members at the end of 2021. The third amendment of the Chinese Copyright Law was initiated in 2011 and came into effect in June 2021 after a long debate for almost ten years. The discussion of the third amendment has highlighted the controversial topic of collective management of copyright. This book explores the adequacy of the MCSC as an intermediary representing rights for music creators. The main argument developed in this study is that the work of the MCSC for individual composers and lyricists is hampered by shortcomings in the regulatory regime as well as by a lack of members’ rights to participate in the management of their own rights and by the ineffective international cooperation between the MCSC and other musical CMOs overseas. The analysis is undertaken through a case study approach, comparing the collective management systems of music copyright in China, the United States and Australia and addressing the question of how musical CMOs operate in these countries. Specifically, three perspectives are examined: the regulatory systems designed to limit the misuse of those CMOs’ monopoly, members’ rights in the organisations, and international cooperation between these CMOs. Overall, the main findings of this book suggest that the MCSC in China could work more effectively to protect music creators’ interests. In contrast, although the operational frameworks of the American Society of Composers, Authors and Publishers ('ASCAP') and the Broadcasting Broadcast Music, Inc. ('BMI') in the United States and the Australasian Performing Right Association ('APRA') in Australia are not perfect models, the systems in these two countries may at least provide reference points for potential improvement of the regime of the MCSC. The research recommends three courses of action: strengthening the regulatory design overseeing the MCSC’s monopoly, clarifying the relationship between the MCSC and its members while providing the members with the right to manage their own copyright, and improving the international cooperation between the MCSC and CMOs in other countries.
Collective Management of Music Copyright: A Comparative Analysis of China, the United States and Australia (Routledge Research in Intellectual Property)
by Qinqing XuTwo of the objectives of the Chinese Copyright Law are to protect the copyright of authors to their literary and artistic works and encourage the creation and dissemination of works. In practice, however, in spite of the existence of the Music Copyright Society of China ('MCSC') that was established to assist with exercising copyright, music creators in China remain in need of help to protect and manage their fragmented copyright. The MCSC was the first collective management organisation ('CMO') in mainland China and is the only CMO in the field of musical works. While there is a large music industry and copyright business in China, the MCSC only had 11,356 members at the end of 2021. The third amendment of the Chinese Copyright Law was initiated in 2011 and came into effect in June 2021 after a long debate for almost ten years. The discussion of the third amendment has highlighted the controversial topic of collective management of copyright. This book explores the adequacy of the MCSC as an intermediary representing rights for music creators. The main argument developed in this study is that the work of the MCSC for individual composers and lyricists is hampered by shortcomings in the regulatory regime as well as by a lack of members’ rights to participate in the management of their own rights and by the ineffective international cooperation between the MCSC and other musical CMOs overseas. The analysis is undertaken through a case study approach, comparing the collective management systems of music copyright in China, the United States and Australia and addressing the question of how musical CMOs operate in these countries. Specifically, three perspectives are examined: the regulatory systems designed to limit the misuse of those CMOs’ monopoly, members’ rights in the organisations, and international cooperation between these CMOs. Overall, the main findings of this book suggest that the MCSC in China could work more effectively to protect music creators’ interests. In contrast, although the operational frameworks of the American Society of Composers, Authors and Publishers ('ASCAP') and the Broadcasting Broadcast Music, Inc. ('BMI') in the United States and the Australasian Performing Right Association ('APRA') in Australia are not perfect models, the systems in these two countries may at least provide reference points for potential improvement of the regime of the MCSC. The research recommends three courses of action: strengthening the regulatory design overseeing the MCSC’s monopoly, clarifying the relationship between the MCSC and its members while providing the members with the right to manage their own copyright, and improving the international cooperation between the MCSC and CMOs in other countries.
Collective Redress and EU Competition Law (Routledge Research in Competition Law)
by Eda ŞahinExploring obstacles to effective compensation of victims of competition infringements, this book categorises the types of victims harmed and the types of losses arisen from these infringements to identify to what extent there is a need for enhanced private competition law enforcement in the European Union (EU) and the best way to address this need. It shows that there is a genuine need for facilitating consumer damages actions and that consumer claims are the only claims that can be pursued in a collective redress action. In order to compensate consumers and overcome barriers to effective enforcement of their right to damages, it structures a collective redress action for consumers by considering the following elements: i. the formation of the group, ii. the type of representative party iii. funding mechanisms and iv. calculation and distribution of damages.
Collective Redress and EU Competition Law (Routledge Research in Competition Law)
by Eda ŞahinExploring obstacles to effective compensation of victims of competition infringements, this book categorises the types of victims harmed and the types of losses arisen from these infringements to identify to what extent there is a need for enhanced private competition law enforcement in the European Union (EU) and the best way to address this need. It shows that there is a genuine need for facilitating consumer damages actions and that consumer claims are the only claims that can be pursued in a collective redress action. In order to compensate consumers and overcome barriers to effective enforcement of their right to damages, it structures a collective redress action for consumers by considering the following elements: i. the formation of the group, ii. the type of representative party iii. funding mechanisms and iv. calculation and distribution of damages.
Collective Redress and Private International Law in the EU
by Thijs BostersThis book specifically covers issues regarding jurisdiction and the recognition andenforcement of judgments in cross-border mass disputes relating to financial services.Collective redress mechanisms, legal mechanisms which can be used to resolve mass disputescollectively, are growing more important. Due to the global increase in cross-bordertrade and financial transactions, the number of cross-border mass disputes has increased.In the EU, several prototypes of collective redress mechanism exist that can be used toresolve mass disputes and, aside from the EU’s recommendation on the drafting oflaws relating to collective redress, a reevaluation of the Brussels Regulation has alsotaken place as on 10 January 2015 the Brussels I-bis Regulation replaced the old BrusselsRegulation dating from 2000.In spite of a minor reference to collective redress in the Commission proposal, BrusselsI-bis does not contain any provision relating to collective redress. As a result, many questionsregarding cross-border mass disputes and the relevant private international law issues remainunanswered and unresolved. This book sets out to describe the most important prototypesby referring to actual collective redress mechanisms.In addition, it also sets out how parties to such mass disputes can confer jurisdiction to courtsin the EU and what the various pitfalls are. Moreover, the rules concerning the recognitionand enforcement of judgments originating from a collective procedure are listed. Ascross-border collective redress mechanisms and the rules of private international law to beused in such a context are still being developed, the goals of private international law andthe goals of the referred collective redress mechanisms are analysed to provide an insightinto how these sets of rules should and could be employed.This book is primarily aimed at researchers, practitioners and lawmakers actively involvedin and/or professionally interested in the field of private international law and collectiveredress mechanisms and should prove very useful in providing them with a greater in-depthunderstanding of the issues at hand.Thijs Bosters is a law clerk at the Dutch Supreme Court. Prior to his work at the SupremeCourt, he was an attorney-at-law with NautaDutilh in The Netherlands, where he workedin the Litigation & Arbitration department.
Collective Rights and Digital Content: The Legal Framework for Competition, Transparency and Multi-territorial Licensing of the New European Directive on Collective Rights Management (SpringerBriefs in Law)
by Cláudio LucenaThis book starts with an exercise, proposing a theoretical reflection on the technological path that, over time, has transformed the ways we produce, consume and manage intellectual content subject to copyright protection. This lays the groundwork for a further analysis of the main legal aspects of the new European Directive, its improvements, its tendencies and its points of controversy, with special and more concrete attention to how it proposes to address the issues of competition, transparency and multi-territorial licensing. Digital technologies, networks and communication have boosted the production and distribution of intellectual content. These activities are based on a renewable and infinite resource – creativity – which turns this content into strategic artistic, cultural, social, economic and informational assets. Managing the rights and obligations that emerge in this system has never been an easy task; managing them collectively, which is more often than not the case, adds even more complexity.The European Directive on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market is a policy initiative that seeks to establish an adequate legal framework for the collective management of authors’ rights in a digital environment, recognizing this goal as crucial to achieving a fully integrated Single Market. Part of the Digital Agenda for Europe, it is an effort to promote simplification and to enhance the efficiency of collective rights management by tackling three of the main issues that are currently undermining the business model of collecting societies: competition, transparency and multi-territorial licensing.The book is intended to support students, academics and practitioners by enhancing their general and legal grasp of these phenomena, while also encouraging their collaboration with policymakers and other interested parties in the ongoing task of transposing the Directive into concrete national legislation.
Collective Self-Defence in International Law (Cambridge Studies in International and Comparative Law)
by null James A. GreenCollective self-defence can be defined as the use of military force by one or more states to aid another state that is an innocent victim of armed attack. However, it is a legal justification that is open to abuse and its exercise risks escalating conflict. Recent years have seen an unprecedented increase in the number of collective self-defence claims. It has been the main basis for US-led action in Syria (2014-) and was advanced by Russia in relation to its full-scale invasion of Ukraine (2022-). Yet there still has been little analysis of collective self-defence in international law. This book crucially progresses the debate on various fundamental and under-explored questions about the conceptual nature of collective self-defence and the requirements for its operation. Green provides the most detailed and extensive account of collective self-defence to date, at a time when it is being invoked more than ever before.
A Collective Theory of Genocidal Intent (International Criminal Justice Series #7)
by Sangkul KimTackling one of the most confusing and controversial issues in the field of international criminal law — i.e., the genocidal intent element, this monograph seeks to develop an account of genocidal intent from a collectivist perspective. Drawing upon the two-layered structure of the crime of genocide composed of the ‘conduct level’ and ‘context level’, it detects the genocidal intent element at the ‘context level’. The genocidal intent found in this manner belongs to a collective, which significantly departs from the prior individualistic understandings of the notion of genocidal intent. The author argues that the crime of genocide is not a ‘crime of mens rea’. Collective genocidal intent at the ‘context level’ operates in a way that renders the crime of genocide itself a criminal enterprise. The idea of genocide as a criminal enterprise also suggests that genocide is a leadership crime in respect of which only the high-level actors can be labeled as principals (as opposed to accessories). The book criticizes the dominant individualistic approaches to genocidal intent (in particular: the knowledge-based approach) which have thus far governed the relevant jurisprudential and academic analysis. It further demonstrates that the hidden notion of ‘collective genocide’ silently governs the relevant international jurisprudence. Practitioners and academics in the field of international criminal law and related disciplines will find in this book a new approach to the crime of genocide. The text is the first-ever book-length exposition of a collective account of genocidal intent. Its accessibility is highly enhanced by relevant footnotes.Sangkul Kim is Lecturer at Korea University in Seoul and Research Fellow with the Centre for International Law Research and Policy (CILRAP).He served as Associate Legal Adviser at the Office of the Prosecutor of the International Criminal Court (2004-2008). He earned law degrees from Korea University and Georgetown University Law Center.
Collective Trauma and the Armenian Genocide: Armenian, Turkish, and Azerbaijani Relations since 1839 (Human Rights Law in Perspective)
by Pamela SteinerIn this pathbreaking study, Pamela Steiner deconstructs the psychological obstacles that have prevented peaceful settlements to longstanding issues.The book re-examines more than 100 years of destructive ethno-religious relations among Armenians, Turks, and Azerbaijanis through the novel lens of collective trauma. The author argues that a focus on embedded, transgenerational collective trauma is essential to achieving more trusting, productive, and stable relationships in this and similar contexts. The book takes a deep dive into history - analysing the traumatic events, examining and positing how they motivated the actions of key players (both victims and perpetrators), and revealing how profoundly these traumas continue to manifest today among the three peoples, stymying healing and inhibiting achievement of a basis for positive change. The author then proposes a bold new approach to “conflict resolution” as a complement to other perspectives, such as power-based analyses and international human rights. Addressing the psychological core of the conflict, the author argues that a focus on embedded collective trauma is essential in this and similar arenas.
Collective Trauma and the Armenian Genocide: Armenian, Turkish, and Azerbaijani Relations since 1839 (Human Rights Law in Perspective)
by Pamela SteinerIn this pathbreaking study, Pamela Steiner deconstructs the psychological obstacles that have prevented peaceful settlements to longstanding issues.The book re-examines more than 100 years of destructive ethno-religious relations among Armenians, Turks, and Azerbaijanis through the novel lens of collective trauma. The author argues that a focus on embedded, transgenerational collective trauma is essential to achieving more trusting, productive, and stable relationships in this and similar contexts. The book takes a deep dive into history - analysing the traumatic events, examining and positing how they motivated the actions of key players (both victims and perpetrators), and revealing how profoundly these traumas continue to manifest today among the three peoples, stymying healing and inhibiting achievement of a basis for positive change. The author then proposes a bold new approach to “conflict resolution” as a complement to other perspectives, such as power-based analyses and international human rights. Addressing the psychological core of the conflict, the author argues that a focus on embedded collective trauma is essential in this and similar arenas.
Collegiality in the European Commission: Legal Substance and Institutional Practice
by Maria PatrinCollegiality is a core legal principle of the European Commission's internal decision-making, acting as a safeguard to the Commission's supranational character and ensuring the Commission's independence from EU Member States. Despite collegiality's central role within the Commission, its legal and political implications have remained critically underexamined. Collegiality in the European Commission sheds light on this crucial aspect of the Commission's work for the first time. In this novel study on collegiality, Maria Patrin proposes an innovative framework for assessing the Commission's institutional role and power. The book's first part legally examines collegiality, retracing collegial procedures and actors in different layers of decision-making — from the Commission's services to the College of Commissioners. The second part of the book explores the implementation of collegiality through illustrative case studies, focusing on various Commission functions including legislative initiative, infringement proceedings, and economic governance. Partin's empirical analysis unveils a disconnect between the legal notion of collegiality and its concrete application in institutional practices. These variations raise normative questions on how to ensure the unity of the Commission as a collegial body despite the diversification of decision-making functions. They also invite a re-examination of the Commission's multifaceted role in the current EU institutional, legal, and political setting. Adopting an interdisciplinary approach that delves into both the legal substance and the political-institutional practice of collegiality, this book offers a unique, behind-the-scenes insight into the Commission's decision-making processes, furthering our understanding of the EU's institutional system.
Collegiality in the European Commission: Legal Substance and Institutional Practice
by Maria PatrinCollegiality is a core legal principle of the European Commission's internal decision-making, acting as a safeguard to the Commission's supranational character and ensuring the Commission's independence from EU Member States. Despite collegiality's central role within the Commission, its legal and political implications have remained critically underexamined. Collegiality in the European Commission sheds light on this crucial aspect of the Commission's work for the first time. In this novel study on collegiality, Maria Patrin proposes an innovative framework for assessing the Commission's institutional role and power. The book's first part legally examines collegiality, retracing collegial procedures and actors in different layers of decision-making — from the Commission's services to the College of Commissioners. The second part of the book explores the implementation of collegiality through illustrative case studies, focusing on various Commission functions including legislative initiative, infringement proceedings, and economic governance. Partin's empirical analysis unveils a disconnect between the legal notion of collegiality and its concrete application in institutional practices. These variations raise normative questions on how to ensure the unity of the Commission as a collegial body despite the diversification of decision-making functions. They also invite a re-examination of the Commission's multifaceted role in the current EU institutional, legal, and political setting. Adopting an interdisciplinary approach that delves into both the legal substance and the political-institutional practice of collegiality, this book offers a unique, behind-the-scenes insight into the Commission's decision-making processes, furthering our understanding of the EU's institutional system.
Collier's Conflict of Laws (PDF)
by Pippa RogersonThis reworked version of Conflict of Laws introduces a new generation of students to the classic. It has been completely rewritten to reflect all the recent developments including the increased legislation and case law in the field. The author's teaching experience is reflected in her ability to provide students with a clear statement of rules which sets out a framework to the subject, before adding detail and critical analysis. Recognising that the procedural aspect of the subject challenges most students, the book explores conflict of laws in its practical context to ensure understanding. Teachers will appreciate the logical structure, which has been reworked to reflect teaching in the field today. Retaining the authority that was the hallmark of the previous edition, this contemporary and comprehensive textbook is essential reading.
The Collini Case
by Ferdinand Von SchirachFrom one of Europe's bestselling writers comes a spellbinding and utterly compelling court room drama, which will stay with you for a long time. Ferdinand von Schirach's The Collini Case has been at the top of the German charts since publication and will be loved by all fans of Bernhard Schlink and John le Carré.A murder. A murderer. No motif.For thirty-four years Fabrizio Collini has worked diligently for Mercedes Benz. He is a quiet and respectable person until the day he visits one of Berlin's most luxurious hotels and kills an innocent man.Young attorney Caspar Leinen takes the case. Getting Collini a not-guilty verdict would make his name. But too late he discovers that Collini's victim - an industrialist of some renown - is known to him.Now Leinen is caught in a professional and personal dilemma. Collini admits the murder but won't say why he did it, forcing Leinen to defend a man who won't put up a defence. And worse, a close friend and relation of the victim insists that he give up the case. His reputation, his career and this friendship are all at risk.Then he makes a discovery that goes way beyond his own petty concerns and exposes a terrible and deadly truth at the heart of German justice . . .The Collini Case is a masterful court room drama that will have readers on the edge of their seats from start to finish.'A magnificent storyteller' Der Spiegel'A murder trial full of political explosiveness: thrilling, clever, staggering' Focus'Terrific' Elle'Ferdinand von Schirach brilliantly draws you under his spell' BunteFerdinand von Schirach was born in Munich in 1964. Today he works as one of Germany's most prominent defence lawyers in Berlin. His short story collections Crime and Guilt became instant bestsellers in Germany and are translated in over thirty territories.
Collins On Defamation
by Matthew CollinsWritten by the widely respected author of The Law of Defamation and the Internet, this book analyses the modern law of defamation in a way that consolidates into a coherent structure its various sources - the common law, earlier statutory reforms, European and other foreign influences, and the changes effected by the Defamation Act 2013. As well as examining the implications of the 2013 reforms, Collins on Defamation dissects, in context, the very large number of ambiguous and contestable questions of construction in, and possibly unintended consequences of, the new law. The book draws on authorities from a wide international research base to explain the application of relevant principles, including the principles applicable to multi-jurisdictional publications and actions involving one or more foreign litigants. As well as providing encyclopaedic analysis of the law of defamation, the work contains detailed coverage of relevant conflict of law principles, and important and emerging related causes of action, including misuse of private information, malicious falsehood, data protection rights, and protection from harassment. Comprehensive tables of recent damages awards, and an extensive set of precedents for common notices and pleadings, are also included. This book is an essential text for any practitioner in the field.
Collision Course
by Don PendletonThe global trade in prohibited weapons has reached terrifying proportions. First it was illegal handguns controlled by bikers.
Collision of Worlds: A Deep History of the Fall of Aztec Mexico and the Forging of New Spain
by David M. CarballoMexico of five centuries ago was witness to one of the most momentous encounters between human societies, when a group of Spaniards led by Hernando Cortés joined forces with tens of thousands of Mesoamerican allies to topple the mighty Aztec Empire. It served as a template for the forging of much of Latin America and initiated the globalized world we inhabit today. The violent clash that culminated in the Aztec-Spanish war of 1519-21 and the new colonial order it created were millennia in the making, entwining the previously independent cultural developments of both sides of the Atlantic. Collision of Worlds provides a deep history of this encounter, one that considers temporal depth in the richly layered cultures of Mexico and Spain, from their prehistories to the urban and imperial societies they built in the fourteenth and fifteenth centuries. Leading Mesoamerican archaeologist David Carballo offers a unique perspective on these fabled events with a focus on the physical world of places and things, their similarities and differences in trans-Atlantic perspective, and their interweaving in an encounter characterized by conquest and colonialism, but also resilience on the part of Native peoples. An engrossing and sweeping account, Collision of Worlds debunks long-held myths and contextualizes the deep roots and enduring consequences of the Aztec-Spanish conflict as never before.
Collision of Worlds: A Deep History of the Fall of Aztec Mexico and the Forging of New Spain
by David M. CarballoMexico of five centuries ago was witness to one of the most momentous encounters between human societies, when a group of Spaniards led by Hernando Cortés joined forces with tens of thousands of Mesoamerican allies to topple the mighty Aztec Empire. It served as a template for the forging of much of Latin America and initiated the globalized world we inhabit today. The violent clash that culminated in the Aztec-Spanish war of 1519-21 and the new colonial order it created were millennia in the making, entwining the previously independent cultural developments of both sides of the Atlantic. Collision of Worlds provides a deep history of this encounter, one that considers temporal depth in the richly layered cultures of Mexico and Spain, from their prehistories to the urban and imperial societies they built in the fourteenth and fifteenth centuries. Leading Mesoamerican archaeologist David Carballo offers a unique perspective on these fabled events with a focus on the physical world of places and things, their similarities and differences in trans-Atlantic perspective, and their interweaving in an encounter characterized by conquest and colonialism, but also resilience on the part of Native peoples. An engrossing and sweeping account, Collision of Worlds debunks long-held myths and contextualizes the deep roots and enduring consequences of the Aztec-Spanish conflict as never before.
Collisions in the Digital Paradigm: Law and Rule Making in the Internet Age
by David John HarveyIt has been said that the only asset that a lawyer has is time. But the reality is that a lawyer's greatest asset is information. The practice and the business of law is all about information exchange. The flow of information travels in a number of different directions during the life of a case. A client communicates certain facts to a lawyer. The lawyer assimilates those facts and seeks out specialised legal information which may be applicable to those facts. In the course of a generation there has been a technological revolution which represents a paradigm shift in the flow of information and communication. Collisions in the Digital Paradigm is about how the law deals with digital information technologies and some of the problems that arise when the law has to deal with issues arising in a new paradigm.
Collisions in the Digital Paradigm: Law and Rule Making in the Internet Age
by David John HarveyIt has been said that the only asset that a lawyer has is time. But the reality is that a lawyer's greatest asset is information. The practice and the business of law is all about information exchange. The flow of information travels in a number of different directions during the life of a case. A client communicates certain facts to a lawyer. The lawyer assimilates those facts and seeks out specialised legal information which may be applicable to those facts. In the course of a generation there has been a technological revolution which represents a paradigm shift in the flow of information and communication. Collisions in the Digital Paradigm is about how the law deals with digital information technologies and some of the problems that arise when the law has to deal with issues arising in a new paradigm.
Colombian Constitutional Law: Leading Cases
by Manuel José Cepeda Espinosa David LandauThis book provides in English the case law of the Colombian Constitutional Court, which has become one of the most creative and important courts of the global south and the world since its creation in 1991. It offers concise and carefully chosen extracts of the Court's most important cases, along with notes and introductory materials to place them in historical and comparative context. The book covers the Court's landmark rights jurisprudence, including the decriminalization of drug possession, the legalization of same-sex marriage, the protection of social rights through broad structural orders such as the ones covering internally displaced persons and the right to health. It also covers the protection of the rights of indigenous peoples to cultural autonomy and to be consulted before economic projects are undertaken on their land, and the rights of victims of the country's long-running internal armed conflict to truth, justice, and reparations. Also provided are the Court's most noteworthy structural cases, particularly its successful attempt to limit the use of states of exception and its substitution of the constitution doctrine, which allows it to strike down amendments that replace rather than amending core principles of the existing constitutional order. The materials focus on the Court's contributions in a comparative perspective, showing how they are exemplary of a range of problems faced by courts around the world and particularly as an example of aggressive judicial review by the courts of the global south. At the same time, they demonstrate how many of the Court's key cases - such as the judicial review of the peace process with guerrilla groups or the striking down of an amendment to allow a popular president to seek a third term - are reactions to the historical features of the Colombian legal and social landscape.
Colombian Constitutional Law: Leading Cases
by David Landau Manuel José Cepeda EspinosaThis book provides in English the case law of the Colombian Constitutional Court, which has become one of the most creative and important courts of the global south and the world since its creation in 1991. It offers concise and carefully chosen extracts of the Court's most important cases, along with notes and introductory materials to place them in historical and comparative context. The book covers the Court's landmark rights jurisprudence, including the decriminalization of drug possession, the legalization of same-sex marriage, the protection of social rights through broad structural orders such as the ones covering internally displaced persons and the right to health. It also covers the protection of the rights of indigenous peoples to cultural autonomy and to be consulted before economic projects are undertaken on their land, and the rights of victims of the country's long-running internal armed conflict to truth, justice, and reparations. Also provided are the Court's most noteworthy structural cases, particularly its successful attempt to limit the use of states of exception and its substitution of the constitution doctrine, which allows it to strike down amendments that replace rather than amending core principles of the existing constitutional order. The materials focus on the Court's contributions in a comparative perspective, showing how they are exemplary of a range of problems faced by courts around the world and particularly as an example of aggressive judicial review by the courts of the global south. At the same time, they demonstrate how many of the Court's key cases - such as the judicial review of the peace process with guerrilla groups or the striking down of an amendment to allow a popular president to seek a third term - are reactions to the historical features of the Colombian legal and social landscape.
Colombian Criminal Justice in Crisis: Fear and Distrust (St Antony's Series)
by E. RestrepoMost people believe that criminal justice in Colombia is rife with impunity and corruption. Elvira María Restrepo delves beneath such beliefs to reveal a system driven at a fundamental level by fear and distrust from outside the system itself. With the present difficulties in the country tantamount to a state of irregular war, the judiciary is in crisis. It has to contribute to the construction of peace and the reconstruction of trust, or perish.
The Colombian Peace Process and the Principle of Complementarity of the International Criminal Court: An Inductive, Situation-based Approach
by Kai AmbosStriking a balance between peace and justice has long been debated by scholars and practitioners. There has been definite progress in a world in which blanket amnesties were at times granted with little hesitation. There is a growing understanding that accountability has both pragmatic and principled arguments in its favor. Practical arguments as much as shifts in norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark one between peace and justice. The Colombian Justice and Peace Law 975 and its implementation offer an interesting and unique approach to dealing with the international crimes committed in Colombia’s decades-long armed conflict. Yet, will this approach suffice with regard to Colombia’s obligations under international law to investigate and prosecute international crimes? Does it meet the standards of the ICC, which has been monitoring the Colombian situation for some time now? In particular, does it pass the complementarity test laid out in the ICC statute or will the ICC have to intervene in Colombia to enforce international criminal law?
Colonial Adventures
by Serge Dauchy Heikki Pihlajamäki Albrecht Cordes and Dave De ruysscherColonial Adventures: Commercial Law and Practice in the Making addresses the question how and to what extend the development of commercial law and practice, from Ancient Greece to the colonial empires of the nineteenth and twentieth centuries, were indebted to colonial expansion and maritime trade. Illustrated by experiences in Ancient Europe, the Americas, Asia, Africa and Australia, the book examines how colonial powers, whether consciously or not, reshaped the law in order to foster the prosperity of homeland manufacturers and entrepreneurs or how local authorities and settlers brought the transplanted law in line with the colonial objectives and the local constraints amid shifting economic, commercial and political realities. Contributors are: Alain Clément (†), Alexander Claver, Oscar Cruz-Barney, Bas De Roo, Paul du Plessis, Bernard Durand, David Gilles, Petra Mahy, David Mirhady, M. C. Mirow, Luigi Nuzzo, Phillip Lipton, Umakanth Varottil, and Jakob Zollmann.