International Co Operation In Civil And Criminal Matters

The growth of international crimes pose a substantial threat to the economies and stabilities of states. This study draws on international events, legislation, and important developments under the aegis of the EC, but retains an awareness of both civil and criminal dimensions.

The growth of international crimes pose a substantial threat to the economies and stabilities of states. This study draws on international events, legislation, and important developments under the aegis of the EC, but retains an awareness of both civil and criminal dimensions.

In the European Union, international cooperation in criminal matters has grown exponentially over the past few decades. Importantly, there are a wide variety of authorities involved therein, rendering the traditional distinction between police and judicial cooperation as outdated. Furthermore, its rapid growth exposed this policy field to inconsistencies and incoherence. Additionally, despite the wave of new legislation, important lacunae can be identified, setting important challenges for the future. The combination of these issues clarifies the title of this book: there is a pressing need to rethink international cooperation in criminal matters. In answer to a call from the European Commission, the contributors of this book have designed a comprehensive methodological framework to review the entirety of international cooperation in criminal matters, combining desktop reviews, expert consultations, Member State questionnaires, and focus group meetings in each of the Member States to obtain a comprehensive overview of the currently experienced obstacles and future policy options that are both needed and feasible. Over 150 individuals from different backgrounds contributed to the study, including academics, lawyers, policy makers, police, customs, intelligence services, prosecution, judiciary, correctional authorities, Ministries of Justice, and Home Affairs. The book provides an overview of the research findings and the recommendations formulated. These findings include, but are not limited to: (1) a helicopter view on cooperation with criminal justice finality, (2) a clear demarcation of the role of the judicial authorities, (3) a comprehensive review of refusal grounds, including proportionality and capacity concerns, (4) an assessment of gaps in the current body of instruments regulating international cooperation in criminal matters and possible remedies thereto, (5) a well-considered further development of Eurojust, and (6) ensuring EU wide effect of mere domestic actions. This book represents the first overall analysis of the entirety of international cooperation in criminal matters in the EU. As essential reading, it is an analysis that moves beyond the actors, bringing logic back, footed in reality. (Series: Institute for International Research on Criminal Policy [IRCP] - No. 42)

In Cooperation and the International Criminal Court: Perspectives from Theory and Practice, Olympia Bekou and Daley J. Birkett bring together expert contributions from both academia and practice, providing detailed insight into the cooperation regime of the International Criminal Court.

The present title is the last in a three-volume set addressing the umbrella theme of The Soviet Union and International Cooperation in Legal Matters'. The preceding installments treated the Soviet Union's record in the field of commercial arbitration and civil law, respectively. With the U.S.S.R. dead, use of the term Soviet Union' may call for some justification. In this instance, the desire to preserve stylistic continuity plays a role in the choice. Furthermore, the bulk of the monograph really does deal with the Soviet Union's track record in this domain on the assumption that much of its repertory in this theatre will be salvaged through the machinery of state succession in fairly intact or recognizable shape and affect the deployment of future modes of management of these affairs en route to stripping the old inventory of its socialist' attributes and updating the core package. In that sense, the volume marks the end of a Soviet branch of international law and the dawn of a new discipline of research in the local brand of post-Soviet international law. It seems safe to say, though, that whatever lies ahead is going to have its roots in the country's contemporary history, and understanding these antecedents will make the job of figuring out what to expect next a bit easier. The study concentrates essentially on post-World War II repertory, with some reference to pre-1945 antecedents in order to put the picture in a clearer perspective.

'Each State Party shall cooperate with other States Parties and afford the appropriate form of legal assistance ...' These words mark the beginning of the obligation for states to work together to enforce a multilateral normative treaty. Terrorism and transnational criminal activity heighten the need for harmonisation and improved coordination between enforcement agencies internationally. This volume addresses current national, regional and international practice from the perspective of 'lessons learned' by government officials, private practitioners, prosecutors, police and customs officials, staff members of international courts or treaty-implementing bodies, and academics who gathered in an OPCW international symposium in February 2001. Their work has since been updated and supplemented to include considerations emerging in the aftermath of 11 September 2001. Topics include problems with divergent national implementing legislation, concurrent jurisdiction, extradition, the role of victims and witnesses, export controls, protection of national security or confidential business information in judicial proceedings, and terrorism.