The Emergence of EU Criminal Law

Author: Sarah Summers
Publisher: Bloomsbury Publishing
ISBN: 1782254676
Format: PDF
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Criminal law can no longer be neatly categorised as the product and responsibility of domestic law. That this is true is emphasised by the ever-increasing amount of legislation stemming from the European Union (EU) which impacts, both directly and indirectly, on the criminal law. The involvement of the EU institutions in the substantive criminal laws of its Member States is of considerable legal and political significance. This book deals with the emerging EU framework for creating, harmonising and ensuring the application of EU criminal law. This book aims to highlight some of the consequences of EU involvement in the criminal law by examining the provisions which have been adopted in the field of information and communications technology. It provides an overview of the criminal law competence of the EU and evaluates the impact of these developments on the criminal laws of the Member States. It then goes on to consider the EU legislation which requires Member States to regulate matters such as data protection, e-security, intellectual property and various types of illegal content through the criminal law is analysed. In the course of this evaluation, particular consideration is given to issues such as the basis on which the EU institutions establish the need for criminal sanctions, the liability of service providers and the extent to which the Member States have adhered to, or departed from, the legislation in the course of implementation.

Encyclopedia of Cybercrime

Author: Samuel C. McQuade III
Publisher: ABC-CLIO
ISBN: 0313087040
Format: PDF, ePub, Mobi
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There are today no more compelling sets of crime and security threats facing nations, communities, organizations, groups, families and individuals than those encompassed by cybercrime. For over fifty years crime enabled by computing and telecommunications technologies have increasingly threatened societies as they have become reliant on information systems for sustaining modernized living. Cybercrime is not a new phenomenon, rather an evolving one with respect to adoption of information technology (IT) for abusive and criminal purposes. Further, by virtue of the myriad ways in which IT is abused, it represents a technological shift in the nature of crime rather than a new form of criminal behavior. In other words, the nature of crime and its impacts on society are changing to the extent computers and other forms of IT are used for illicit purposes. Understanding the subject, then, is imperative to combatting it and to addressing it at various levels. This work is the first comprehensive encyclopedia to address cybercrime. Topical articles address all key areas of concern and specifically those having to with: terminology, definitions and social constructs of crime; national infrastructure security vulnerabilities and capabilities; types of attacks to computers and information systems; computer abusers and cybercriminals; criminological, sociological, psychological and technological theoretical underpinnings of cybercrime; social and economic impacts of crime enabled with information technology (IT) inclusive of harms experienced by victims of cybercrimes and computer abuse; emerging and controversial issues such as online pornography, the computer hacking subculture and potential negative effects of electronic gaming and so-called computer addiction; bodies and specific examples of U.S. federal laws and regulations that help to prevent cybercrimes; examples and perspectives of law enforcement, regulatory and professional member associations concerned about cybercrime and its impacts; and computer forensics as well as general investigation/prosecution of high tech crimes and attendant challenges within the United States and internationally.

Transitional Justice and the Prosecution of Political Leaders in the Arab Region

Author: Noha Aboueldahab
Publisher: Bloomsbury Publishing
ISBN: 1509911359
Format: PDF, ePub, Docs
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The dramatic uprisings that ousted the long-standing leaders of several countries in the Arab region set in motion an unprecedented period of social, political and legal transformation. The prosecution of political leaders took centre stage in the pursuit of transitional justice following the 'Arab Spring'. Through a comparative case study of Egypt, Libya, Tunisia and Yemen, this book argues that transitional justice in the Arab region presents the strongest challenge yet to the transitional justice paradigm. This paradigm is built on the underlying assumption that transitions constitute a shift from non-liberal to liberal democratic regimes, where often legal measures are taken to address atrocities committed during the prior regime. The book is guided by two principal questions: first, what trigger and driving factors led to the decision of whether or not to prosecute former political leaders? And second, what shaping factors affected the content and extent of decisions regarding prosecution? In answering these questions, the book enhances our understanding of how transitional justice is pursued by different actors in varied contexts. In doing so, it challenges the predominant understanding that transitional justice uniformly occurs in liberalising contexts and calls for a re-thinking of transitional justice theory and practice. Using original findings generated from almost 50 interviews across 4 countries, this research builds on the growing critical literature that claims that transitional justice is an under-theorised field and needs to be developed to take into account non-liberal and complex transitions. It will be stimulating and thought-provoking reading for all those interested in transitional justice and the 'Arab Spring'. 'Beginning with the striking image of former Egyptian President Hosni Mubarak in the docks in 2011, Aboueldahab analyzes the role of transitional justice processes in relation to the political developments of the Arab Spring. She makes a compelling case for a fundamental rethinking of those approaches to fighting impunity that have become mainstreamed in the international human rights community; this book also challenges assumptions and theories regarding the notion of 'liberalizing' political transitions. Drawing from four country contexts (Egypt, Tunisia, Libya and Yemen) this book demonstrates that human rights goals were undermined because the international community and key national actors ignored the socio-legal histories that shaped the paths and horizons of political change. This book is an important contribution to the study of international criminal law, transitional justice, and the broader field of political transition.' Vasuki Nesiah, Associate Professor of Practice, New York University 'This very timely and perceptive study provides rigorous empirical evaluation of the post-transition prosecution strategies in the Arab region. It demonstrates both the complexity of and contrasts between the cases, but also highlights their divergence from the transitional justice field as it is generally understood. By exploring the broader political shifts and the local political dynamics of prosecutions, Noha Aboueldahab challenges common misconceptions about whose interests prosecutions serve in these contexts. In doing so, she questions the assumptions of transitional justice more broadly.' Hugo van der Merwe, Director of Research, The Centre for the Study of Violence and Reconciliation and Editor-in-Chief of the International Journal of Transitional Justice 'In this book Aboueldahab presents an in depth empirical analysis of the dynamics of transitional justice in the Arab spring. In so doing she highlights not only the practical difficulties faced but provides an insightful commentary on some of the core tensions of transitional justice itself. The book will be an invaluable resource for those seeking to understand the successes and failures of transitional justice and its application to non-liberal transitions.' Dr Catherine Turner, Assistant Professor, Durham Law School

The European Union as an Area of Freedom Security and Justice

Author: Maria Fletcher
Publisher: Routledge
ISBN: 1317573226
Format: PDF, Mobi
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This book presents a collection of essays on key topics and new perspectives on the EU’s Area of Freedom, Security and Justice (AFSJ). Europe’s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law. As the AFSJ becomes more and more intertwined with ‘mainstream’ EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important ‘meta’ issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas. The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.

Piracy and Armed Robbery at Sea

Author: Robin Geiss
Publisher: OUP Oxford
ISBN: 0191018473
Format: PDF
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Since 2008 increasing pirate activities in Somalia, the Gulf of Aden, and the Indian Ocean have once again drawn the international community's attention to piracy and armed robbery at sea. States are resolved to repress these impediments to the free flow of trade and navigation. To this end a number of multinational counter-piracy missions have been deployed to the region. This book describes the enforcement powers that States may rely upon in their quest to repress piracy in the larger Gulf of Aden region. The piracy rules of the United Nations Convention on the Law of the Sea (UNCLOS) and the legal safeguards applicable to maritime interception operations are scrutinized before the analysis turns to the criminal prosecution of pirates and armed robbers at sea. The discussion includes so-called shiprider agreements, the transfers of alleged offenders to regional states, the jurisdictional bases for prosecuting pirates, and the feasibility of an international(ized) venue for their trial. In addressing a range of relevant issues, this book presents a detailed and comprehensive up-to-date analysis of the legal issues pertaining to the repression of piracy and armed robbery at sea and assesses whether the currently existing legal regime is still adequate to effectively counter piracy in the 21st century.

Economic Espionage and Industrial Spying

Author: Hedieh Nasheri
Publisher: Cambridge University Press
ISBN: 9780521543712
Format: PDF, Docs
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This 2005 book provides an analytic overview and assessment of the changing nature of crime in the burgeoning information society. Bringing together views from leading national and international authorities, Hedieh Nasheri explains the historical and theoretical background surrounding issues of economic espionage, trade secret theft and industrial spying and its impact on society. She looks at legislative history, the progression of electronic and corporate criminal behavior by introducing the concept of information theft and computer crimes, exploring its definition, its identification and its development within criminology. Nasheri presents an assessment of the state of economic espionage activities within a criminological context and based on that assessment addresses areas where additional action is required. The book also draws attention to a variety of issues raised by economic espionage and technological development. It draws on a variety of disciplines, including criminology, criminal justice, sociology, law and society, economics and political science.