Recueil Des Cours, 1999

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Academie De Droit International De La Ha
Martinus Nijhoff Publishers, 30 июн. 2000 г. - Всего страниц: 400
The Academy is an institution for the study and teaching of Public and Private International Law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the "Hague Academy of International Law," "J. Barboza," Professor at the Catholic University of Buenos Aires "International Criminal Law" Since the Nuremberg and Tokyo judgments, criminal responsibility has played an increasing role in international law. This article gives a general view of the field, including recent developments such as the Code of Crimes against the Peace and Security of Mankind, submitted by the International Law Commission to the General Assembly; the Courts for the ex-Yugoslavia and Rwanda and the Statute for an International Criminal Court considered by the Rome Conference. International Crimes of the State' are also considered, in the light of the developments in the ILC and of their likely projections. "F. Maupain," Special Adviser of the International Labour Office, Geneva "The ILO, Social Justice and the Global Economy" The Creation of the ILO was premised upon the idea that the activities of States to promote social justice must, if they are to be effective, be supported by international action. However, international action is supposed to be limited to activities of co-ordination and emulation, while initiatives for progress and the determination of the contents ofsuch progress remain the business of each State individually. The globalization of the economy seems to create a dual challenge to this interpretation: first, by weakening States' capacity and desire to engage in individual actions: and second, by provoking a growing demand, in particular on the part of workers, for the definition of a universal common denominator of protection. This article examines the various implications of these new problems, in particular with regard to ILO's constitutional means of action.

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Catholic University of Buenos Aires 9200
17
The Nuremberg crimes and their evolution
21
Scope of the subject
22
public sector of international law
24
The rest of the iceberg
26
The indirect enforcement
28
A short history of international criminal law
31
a The 1919 Commission of the Paris Peace Conference
33
x Nonretroactivity
53
xi Defences
54
xii Extenuating circumstances
55
b Specific crimes
56
ii Genocide
57
iii Crimes against humanity
59
iv Crimes against United Nations and associated personnel
64
The criminal responsibility
69

b Towards the Nuremberg trials
34
c The trials under Control Council Law No 10
36
Criminal offences
39
War crimes
40
Crimes against humanity
41
The works of the ILC
42
The ILC Draft Code of Crimes
43
a The general part
44
ii Punishment
46
iv Superior orders orders of a Government
47
v Official position of the accused person
48
vi Establishment of jurisdiction
50
viii Judicial guarantees
52
a The attribution of conduct to the State
70
wrongfulness
73
lity
76
The scheme of attribution of acts to the State
83
International tribunals
111
The Pinochet affair
170
ILC Draft Code of Crimes against the Peace and Security
189
Bibliography
196
Introduction
209
Première Partie De la justice sociale au sein des Etats à une justice
219
Vers un dépassement du volontarisme étatique au service
278
LOIT la justice sociale et la mondialisation par F MAUPAIN
396
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Co-publication with: The Hague Academy of International Law.

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