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              Books by Joanna Chuah Hui Ying

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              Principled International Criminal Justice: Lessons from Tort Law

              Principled International Criminal Justice: Lessons from Tort Law (Paperback)

              By Findlay, Mark; Chuah Hui Ying, Joanna

              • RRP: $77.99
              • $77.99
              • Delayed Release

              Commencing its search for a principled international criminal justice, this book argues that the Preamble to the Rome Statute requires a very different notion of justice than that which would be expected in domestic jurisdictions. This thinking necessitates theorising what intern...ational criminal justice requires in terms of its legitimacy much more than normative invocations, which in their unreality can endanger the satisfaction of two central concerns - the punitive and the harm-minimisation dimensions. The authors suggest that because of the unique nature and form of the four global crimes, pre-existing proof technologies are failing prosecutors and judges, forcing the development of an often unsustainable line of judicial reasoning. The empirical focus of the book is to look at JCE (joint criminal enterprise) and aiding and abetting as case-studies in the distortion of proof tests. The substantial harm focus of ICJ (international criminal justice) invites applying compatible proof technologies from tort (causation, aggregation, and participation). The book concludes by examining recent developments in corporate criminal liability and criminalising associations, radically asserting that even in harmonising/hybridising international criminal law there resides a new and rational vision for the juridical project of international criminal justice.
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              ISBN 9780367588618
              Released AU 30 Jun 2020
              Publisher Taylor & Francis Ltd
              Interest Age 19+ years
              Availability
              Pre-order title, release date has been delayed
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              Principled International Criminal Justice: Lessons from Tort Law

              Principled International Criminal Justice: Lessons from Tort Law (Hardback)

              By Findlay, Mark; Chuah Hui Ying, Joanna

              • RRP: $252.00
              • $252.00
              • In Stock At Publisher

              This book argues that deference to parallel jurisdiction in the development of ICL as a hybrid of major state traditions has impeded the development of a purpose-designed and principled international criminal jurisprudence. By exploring the manner in which the international crimi...nal law jurisprudence has expanded the interpretation of responsibility through forms of secondary participation, it highlights the tensions arising between evidentiary issues associated with the collective nature of international crimes. The book calls for a fresh juridical reasoning which better aligns with the proof requirements of global crimes and the need to determine individualized criminal responsibility. In arguing for a more principled, rational and predictable approach to determining individual responsibility, the book explores why and how the application of common tort proofs in the considerations of contribution and aggregation offer more convincing proof technologies and are compatible with the wider victim-oriented aims for international criminal justice.
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              ISBN 9780815367000
              Released AU 20 Jul 2018
              Publisher Taylor & Francis Inc
              Interest Age 19+ years
              Series International and Comparative Criminal Justice
              Availability
              In stock at publisher; delivery usually 15-20 working days due to covid19 delays
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