While the system of international law is improving enormously and certain legal provisions are becoming an integral part of jus cogens norms, this body of law must be studied together with other systems which have basically been effective in its development. The principles of the rule of law must be evaluated collectively rather than selectively. In fact, most Islamic nations have ratified the ICC Statute. They have thereby contributed to the establishment of the pillars of morality, equality, peace and justice. At the same time, those pillars may be strengthened by means of an accurate...

These Commentaries are based almost entirely on the formal and informal documentation of the Third United Nations Conference on the Law of the Sea (UNCLOS III, 1973-1982), coupled, where necessary, with the personal knowledge of editors, contributors, or reviewers, many of whom were principal negotiators or UN personnel who participated in the Conference. The scope and duration of the "Virginia Commentary" project is without precedent as an academic undertaking in the field of international law. The project was conceived by its editors to meet the need - particularly essential in the absence...

Within the sphere of law, it is the recognition of its subjects - women, men, children and private or public entities - which has been the most prominent facet of national, regional or international relations. The dominance of the question of recognition has led to the development of the law and the maintenance of its provisions. Obviously, the legal effect of recognition is limited if rights are not implemented entirely. Simultaneously, justice cannot be done within the social structure of any society as long as the basic elements of that society do not properly protect the rights of...

Whilst the value of human integrity within the laws of individual states and the documents of international human rights is being increasingly consolidated and will become, sooner or later, the primary concern of the law, severe breaches of this value are indeed still widespread. In particular the sexual exploitation of children constitutes one of the most serious questions of national, regional, transnational and international law. According to international records, every fifteen seconds a child is raped in Africa alone. Almost half of the cases heard by the ICTY concern the sexual...

This challenging volume examines the jurisprudence of international criminal justice from various points of view. The philosophy of justice may vary from time to time and from nation to nation, depending on prevailing attitudes towards the substantive rules which deal, in one way or another, with cultural norms. In the national and international area, the principles of criminal justice have a key role in examining the scope of the most serious violations of international criminal law. It is on the basis of appropriate judgment that these principles may be accumulated and achieved for the...

This volume is a new chapter in the future history of law. Its general perspective could not be more original and its critical ethical edge on the state of international law could not be timelier. It explores a compassionate philosophical approach to the genuine substance of law, criminal procedure, international criminal law and international criminal justice. It divides law into three interrelated disciplines, i.e. legality, morality and love. The norm love is derived from human reason for man s advancement and the securing of natural law. It is more than a mere mandatory norm. Its goal is...