Edited by Xabier Agirre Aranburu, Morten Bergsmo, Simon De Smet and Carsten Stahn, this 1,108-page book offers detailed analyses on how the investigation and preparation of fact-rich cases can be... Show moreEdited by Xabier Agirre Aranburu, Morten Bergsmo, Simon De Smet and Carsten Stahn, this 1,108-page book offers detailed analyses on how the investigation and preparation of fact-rich cases can be improved, both in national and international jurisdictions. Twenty-four chapters organized in five parts address, inter alia, evidence and analysis, systemic challenges in case-preparation, investigation plans as instruments of quality control, and judicial and prosecutorial participation in investigation and case-preparation. The authors include Antonio Angotti, Devasheesh Bais, Olympia Bekou, Gilbert Bitti, Leïla Bourguiba, Thijs B. Bouwknegt, Ewan Brown, Eleni Chaitidou, Cale Davis, Markus Eikel, Shreeyash Uday Lalit, Moa Lidén, Tor-Geir Myhrer, Trond Myklebust, Matthias Neuner, Christian Axboe Nielsen, Gilad Noam, Gavin Oxburgh, David Re, Alf Butenschøn Skre, Usha Tandon, William Webster and William H. Wiley, in addition to the four co-editors. There are also forewords by Fatou Bensouda and Manoj Kumar Sinha, and a prologue by Gregory S. Gordon.The book follows from a conference at the Indian Law Institute in New Delhi, and is the main outcome of the third leg of a research project of the Centre for International Law Research and Policy (CILRAP) known as the 'Quality Control Project'. Other books produced by the project are Quality Control in Fact-Finding (Second Edition, 2020) and Quality Control in Preliminary Examination: Volumes 1 and 2 (2018). Covering three distinct phases - documentation, preliminary examination and investigation - the volumes consider how the quality of each phase can be improved. Emphasis is placed on the nourishment of an individual mindset and institutional culture of quality control. Show less
This book showcases new research by emerging and established scholars on white workers and the white poor in Southern Africa. Rethinking White Societies in Southern Africa challenges the... Show moreThis book showcases new research by emerging and established scholars on white workers and the white poor in Southern Africa. Rethinking White Societies in Southern Africa challenges the geographical and chronological limitations of existing scholarship by presenting case studies from Angola, Mozambique, South Africa, Zambia and Zimbabwe that track the fortunes of nonhegemonic whites during the era of white minority rule. Arguing against prevalent understandings of white society as uniformly wealthy or culturally homogeneous during this period, it demonstrates that social class remained a salient element throughout the twentieth century, how Southern Africa’s white societies were often divided and riven with tension and how the resulting social, political and economic complexities animated white minority regimes in the region. Addressing themes such as the class-based disruption of racial norms and practices, state surveillance and interventions – and their failures – towards nonhegemonic whites, and the opportunities and limitations of physical and social mobility, the book mounts a forceful argument for the regional consideration of white societies in this historical context. Centrally, it extends the path-breaking insights emanating from scholarship on racialized class identities from North America to the African context to argue that race and class cannot be considered independently in Southern Africa. Show less
This book discusses how fact-finding mechanisms for alleged violations of international human rights, humanitarian and criminal law can be improved. There has been a significant increase in the use... Show moreThis book discusses how fact-finding mechanisms for alleged violations of international human rights, humanitarian and criminal law can be improved. There has been a significant increase in the use of international(ised) and domestic fact-finding mechanisms since 1992, including by the United Nations human rights system, international commissions of inquiry, truth and reconciliation commissions, and NGO fact-finding. They are analysed and assessed in detail by 22 authors under the common theme 'Quality Control in Fact-Finding'. The authors include Richard J. Goldstone, Martin Scheinin, LIU Daqun, Charles Garraway, David Re, Simon De Smet, FAN Yuwen, Isabelle Lassée, WU Xiaodan, Dan Saxon, Christopher B. Mahony, Dov Jacobs, Catherine Harwood, Lyal S. Sunga, Wolfgang Kaleck, Carolijn Terwindt, Ilia Utmelidze and Marina Aksenova. This Second Edition includes new chapters by Geoffrey Robertson QC, Emma Irving and William H. Wiley, as well as a new foreword by Mads Andenæs.The book considers how the quality of every functional aspect of fact-finding can be improved, including work processes to identify, locate, obtain, verify, analyse, corroborate, summarise, synthesise, structure, organise, present and disseminate facts. Emphasis is placed on the nourishment of an individual mindset and institutional culture of quality control. This book concerns fact-work outside criminal justice systems. It is supplemented by Quality Control in Preliminary Examination: Volumes 1 and 2 and Quality Control in Criminal Investigation in the same Series. Show less
This edited Working Paper addresses three fundamental questions concerning EU External Action after the Lisbon Treaty: the institutional position and allegiance of the newly-established European... Show moreThis edited Working Paper addresses three fundamental questions concerning EU External Action after the Lisbon Treaty: the institutional position and allegiance of the newly-established European External Action Service, the future of the ‘left out’ Directorate-General for Trade and the Common Commercial Policy, and the protection of EU citizens abroad. These enquires are prompted by both an institutional innovation – the launch of the EEAS – as well as by a number of substantive changes to the legal framework of EU External Action. An ambitious agenda has been inserted into the primary law, around which the Union institutions and Member States are to rally. It is in turn the raison d’être of the EEAS to foster the ensuing need for consistency, as well as to provide impetus to the EU’s external action. Structurally, it is in itself a sui generis institution composed of officials from the Commission, the Council and the Member States. This raises a number of fundamental questions that go well beyond those concerning which person is going to be the new EU ambassador in Washington or Beijing. Above all, can these substantive and institutional innovations live up to the grand ambitions of the peculiar entity that is the EU? What old problems does it purport to solve, and what are the new problems it is likely to create? Essentially, to which extent does bundling the external objectives in the Treaties as well as pooling together the institutional resources in Brussels and the delegations actually render the EU an ‘ever-closer’ actor in the world? Show less