Sebanyak 2 item atau buku ditemukan

Facts Matter

A Study Into the Casuistry of Substantive International Criminal Law

International criminal law has gained momentum since the creation of the International Criminal Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court in the 1990s. Through case law, these courts have transformed rudimentary notions of accountability for mass atrocity into comprehensive concepts of individual criminal responsibility for war crimes, crimes against humanity, and genocide. This process has been characterized by a high degree of judicial creativity. The courts have progressively advanced and modernized underdeveloped and outdated international criminal law and theories of liability. This book analyzes and evaluates the creative practice of international courts by using insights from casuistry. In particular, it takes the theory and methodology of casuistry as a starting point for assessing three substantive legal issues: the policy element of crimes against humanity, the distinction between Joint Criminal Enterprise and joint perpetration, and the contextual embedding of genocide. This assessment complements prevailing notions of substantive international criminal law and adds a new voice to existing debates on judicial reasoning. [Subject: International Law, Criminal Law, Human Rights Law]

This book analyzes and evaluates the creative practice of international courts by using insights from casuistry.

Sukuk Structures: Legal Engineering Under Dutch Law

Sukuk is the Arabic name for financial certificates. Sukuk securities are structured to comply with Islamic law and its investment principles, which prohibit the charging or paying of interest. This book is the first to set out how sukuk transactions can be structured under Dutch private law and covers the Islamic and Dutch legal issues involved. It explains the fundamentals of Islamic finance and analyzes Islamic contract, property, corporate, and finance law. The book describes how Islamic finance principles, such as riba (in short: prohibition on interest) and gharar (avoidance of contractual uncertainty), have contributed to the development of Islamic finance contracts. It examines the legal structure of sukuk transactions and the applicable Islamic finance rules, and it scrutinizes three main sukuk transactions (the sukuk al-musharaka, the sukuk al-murabaha, and the sukuk al-ijarah) under Dutch private law, mainly focusing on Dutch contract, property, insolvency, and corporate law. The book concludes that there are no legal obstacles to introducing Islamic finance in the Netherlands. Sukuk Structures: Legal Engineering under Dutch Law will be of interest to academics and practitioners in the field of banking and finance law.

This book is the first to set out how sukuk transactions can be structured under Dutch private law and covers the Islamic and Dutch legal issues involved.