"INTERNET LAW BOOK REVIEWS" Provided by Rob Jerrard LLB LLM (London)
Intersentia Books Reviewed in 2015
Children and Justice: Overcoming Language Barriers
Interpreter-mediated child interviews, by their nature, involve communication with vulnerable interviewees who need extra support
Publication Date: July 2015
Publisher's Title Information
Interpreter-mediated child interviews, by their nature, involve communication with vulnerable interviewees who need extra support for three main reasons: their age (under 18), language and procedural status (victim, witness or suspect).
The CO-Minor-IN/QUEST research project (JUST/2011/JPEN/AG/2961; January 2013 - December 2014) studied the interactional dynamics of interpreter-mediated child interviews during the pre-trial phase of criminal proceedings. The project aimed to provide guidance in implementing the 2012/29/EU Directive establishing minimum standards on the rights, support and protection of victims of crime.
This book sets out the key findings from a survey conducted in the project partners' countries (Belgium, France, Hungary, Italy, the Netherlands and the UK) targeting the different professional groups involved in child interviewing. Both the quantitative and qualitative analysis of the respondents' answers is discussed in detail.
The book also provides hands-on chapters, addressing concrete cases of children involved in criminal procedures who required the assistance of an interpreter to ensure their rights were fully protected.
Finally, a set of recommendations is offered to professionals working in this area.
Dr. Heidi Salaets currently is the head of the Interpreting Studies Research Group at the Faculty of Arts of the University of Leuven. At the KU Leuven, campus Antwerp she trains interpreters in the Master and also conference interpreters (Italian-Dutch) in the postgraduate interpreting program. There, she is also responsible for the assessment procedure in the LIT-training (Legal Interpreters and Translators). Together with Katalin Balogh, she coordinates several DG Justice Projects.
Dr. Katalin Balogh is the coordinator of the training on legal Interpreting and translation at the Faculty of Arts of the University of Leuven (Campus Antwerpen). She teaches Hungarian and Intercultural Studies for the students Master in Interpreting.
At the University of Leuven (Faculty of Arts, Campus Antwerpen) she trains interpreters in the Master and also conference interpreters (Hungarian-Dutch) in the postgraduate interpreting program. Together with Heidi Salaets, she coordinates several DG Justice Projects.
Interrogating Young Suspects I
Publication Date: May 2015
Publisher's Title Information
The present volume contains the results of the first part of the research project 'Protecting Young Suspects in Interrogations': a legal comparative study into existing legal procedural safeguards for juvenile suspects during interrogation in the five selected Member States.
The vulnerability of juvenile suspects concerns all phases of proceedings but is probably greatest during interrogations in the investigation stage. These early interrogations often constitute the juvenile suspects' first contact with law enforcement authorities during which they are confronted with many difficult questions and decisions. Therefore, the juvenile suspect should already at this stage be provided with an adequate level of procedural protection.
The research project 'Protecting Young Suspects in Interrogations' underlying this volume, sprung from the observation that the knowledge of the existing level of procedural protection of juvenile suspects throughout the European Union is limited. More specifically, there is very little knowledge of what actually happens when juvenile suspects are being interrogated. The research project aims to fill at least part of this gap by shedding more light on the existing procedural rights for juveniles during interrogations in five EU Member States representing different systems of juvenile justice (Belgium, England and Wales, Italy, Poland and the Netherlands). In doing so, it intends to identify legal and empirical patterns to improve the effective protection of the juvenile suspect. The project is a joint effort of Maastricht University, Warwick University, Antwerp University, Jagiellonian University and Macerata University in cooperation with Defence for Children and PLOT Limburg.
The present volume contains the results of the first part of the research project: a legal comparative study into existing legal procedural safeguards for juvenile suspects during interrogation in the five selected Member States. The country reports incorporated in this volume provide for an in-depth analysis of the existing rules and safeguards applicable during the interrogation of juvenile suspects. On the basis of these findings a transversal analysis is carried out in the final chapter, which is dedicated to the identification of common patterns with a view to harmonising the systems and improving the protection of juvenile suspects' rights. Part 2 and 3 of the research project (empirical research consisting of observations of recorded interrogations and focus group interviews) and a final merging of the legal and empirical findings resulting in a proposal for European minimum rules and best practice on the protection of juvenile suspects during interrogation will be published in a separate, second volume ('Interrogating Young Suspects: Procedural Safeguards from an Empirical Perspective').
The book is intended for academics, researchers, practitioners and policy-makers working in the area of juvenile justice and interrogation.
Table of Contents (p. 0)
Chapter 1. Introduction (p. 1)
Chapter 2. Balancing the Need for Protection and Punishment of Young Delinquents. Country Report Belgium (p. 51)
Chapter 3. Ensuring 'Appropriate' Protections for Young Suspects. Country Report England and Wales (p. 123)
Chapter 4. Between Respecting 'Traditional' Safeguards and Modern Needs of Protecting Juveniles. Country Report Italy (p. 179)
Chapter 5. Protecting Juvenile Suspects in a Pedagogical but Punitive Context. Country Report the Netherlands (p. 241)
Chapter 6. Procedural Complexity within a Welfare Approach. Country Report Poland (p. 313)
Chapter 7. Transversal Analysis of the Country Reports. General Patterns (p. 369)
Annex: Template Country Report. Young Suspects in Interrogations (p. 419)
About the series:
Maastricht Series in Human Rights
The Maastricht Series in Human Rights facilitates and supports research in the field of human rights at the Maastricht Centre for Human Rights of Maastricht University's Faculty of Law. The research is interdisciplinary, with a focus on public international law, criminal law and social sciences.
Volume in the series have been peer reviewed under the responsibility of the Board of the Centre. The Series is published under the editorial supervision of Professor Menno Kamminga and Professor Fons Coomans.
The Common Interest in International Law
Author: Wolfgang Benedek (ed.)Matthias C. Kettemann (ed.)Christina Voigt (ed.)
Publication Date: November 2014
Publisher's Title Information
What lies in the common interest of the international community? How are those common interests protected? What is the role of states and of the international community? The Common Interest in International Law provides answers to these key questions that international law is faced with in times of globalization, humanization and climate change.
This book looks at the protection of common interests and shows how international law is progressively moving away from a system based on territorial sovereignty to a system based on shared responsibilities among states and other actors. The areas covered range from human rights law, international environmental law and international security law to international economic law and international litigation.
The editors' objective is to investigate whether and how international law which historically is state-centric and consensual can protect common interests of humanity, when such common interests can only be safeguarded with the commitment and cooperation of all state and non-state actors. The issue of collective interests is subject to numerous current discourses in international law. This volume attempts to tie these together to a new - or renewed - understanding of 'common interest' reflective of contemporary challenges in international law. The concept of 'common interest' suggests that more is at stake in international law than the individual self-interests of states. Such notion might hold the key to transforming international law away from the dominance of sovereignty into a system which truly serves the interest of the “community”, including all relevant actors.
This book is essential reading for all scholars and practitioners of international law. It aims at stimulating and defining the topic of the protection of common interests by the international community across geographical as much as disciplinary boundaries.
'This is an important and multi-faceted book on one of the most urgent challenges of our time: the protection of our common interests. The book provides a solid platform for further research in this area.' Professor Geir Ulfstein, Director, Pluricourts - Centre of Excellence for the Study of the Legitimate Roles of the Judiciary in the Global Order, University of Oslo
'The Common Interest in International Law is a fascinating, timely and innovative expert account of what common interests are, who defines them and what are their legal implications. At the same time it seeks to provide an answer to the fundamental and timeless question: what is international law for?' Professor Katja Ziegler, Sir Robert Jennings Professor of International Law, Director of the Centre of European Law and Internationalisation (CELI), School of Law, University of Leicester
'A carefully composed book, The Common Interest in International Law, broaches a topic that is underrepresented in the scientific discourse. As the world is getting smaller (more integrated), the number of issues that need to be resolved in the common interest of the international community continues to grow. The pursuance of common interests has serious consequences. Their realization will necessitate fundamental changes to the structure of international law and international relations. This book convincingly analyzes this evolution.' em. Professor Dr. Dr. h.c. Rüdiger Wolfrum, Max Planck Institute for Comparative Public Law and International Law, Heidelberg
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Comparative Concepts in Criminal Law
Author: Johannes Keiler (ed.)David Roef (ed.)
Publication Date: Jan 2015
Publisher's Title Information
Comparative Concepts of Criminal Law is unique in the sense that it introduces the reader to the fundamental concepts and rules of substantive criminal law in a comparative way and not just to the criminal law system of one specific jurisdiction. Compared with other fields of law, like contract and property law, comparative research into the so-called general part of criminal law is quite a recent phenomenon within academia, never mind transmitting this knowledge to students of law. The increasing 'Europeanisation' of criminal law and policy makes such a comparative approach even more necessary.
This handbook therefore fills a legal educational gap by exploring basic concepts of substantive criminal law in three major European legal systems: the common law system of England and Wales and the civil law systems of Germany and the Netherlands. Each chapter focusses on a specific concept or doctrine that is necessary to determine criminal liability (e.g. actus reus, mens rea, defences, inchoate offences). Throughout the book the authors also highlight and discuss some recent legislative and judicial developments that broaden the scope of criminal liability in our modern culture of control.
This book is not only invaluable for students, but also for legal practitioners who want to broaden their knowledge of criminal law.
European Migration Law, 2nd edition
Authors:Pieter Boeles, Maarten Den Heijer, Gerrie Lodder and Kees Wouters
Publication Date: Sept 2014
Publisher's title Information
This book provides an overview of the state of EU migration law in 2014. It explores the meaning of EU legislation on migration in the light of fundamental rights and principles of Union law as explained in leading case-law of the European courts. It is especially aimed at students, but may likewise be useful for practitioners, policy makers or others interested in the legal foundations of migration in Europe.
Today's Union law contains a comprehensive and almost all-encompassing migration law system. It governs both voluntary and forced migration. It controls entry, residence and return. It covers both Union citizens and third-country nationals. Though there are fields not affected by Union law and left to the Member States, the overall picture drawn by the existing EU instruments is fairly complete.
The book purports to present as lucidly as possible, in one framework, the different regimes as they pertain to the free movement of Union citizens, the association agreement with Turkey, the migration of third country nationals for reasons of work, study, family reunification and asylum, the regulation of movement of third country nationals to, from and within the Schengen area, and instruments to control migration.
This second edition is written by the same authors who wrote the first edition. Pieter Boeles, Emeritus Professor of Migration law at the University of Leiden, is now Visiting Professor at VU University Amsterdam; Maarten den Heijer is Assistant Professor of International Law at the Amsterdam Center for International Law (University of Amsterdam); Gerrie Lodder is Senior Lecturer in Immigration Law at the University of Leiden and Kees Wouters is Senior Refugee Law adviser at the Division of International Protection of UNHCR in Geneva.
Reviews on the first edition
'This volume has proved to be an excellent resource in our efforts to understand the evolution of immigration law and policy in Europe, particularly with respect to the region's emerging detention regimes and its increasingly restrictive response to migration pressures.'
Michael Flynn, Lead Researcher, Global Detention Project, Geneva, Switzerland
'[…] an accessible and useful reference work.'
E.C.H.J van der Linden in Journaal Vreemdelingrecht 2010 (69)
'European Migration Law is to be recommended to anyone involved with migration law: this book does not only offer a first introduction, but also valuable insights to all who already have studied European migration law in more detail.' Hemme Battjes in Asiel & Migrantenrecht 2010 (217)
'[...] one hopes that this book will be widely used in academic teaching as well as in practice.'
Kay Hailbronner in CMLR 2010 (582)
'[...]a lucid and often thought-provoking survey of the European legal regime. [...]much to reflect upon. [...]a welcome addition to the literature on the subject.'
James Gillespie in Journal of Immigration, Asylum and Nationality Law 2010 (207)
'[…] an excellent resource for anyone wanting a systematic and accessible introduction to this subject. [..] A book such as this will be a particularly valuable textbook resource for those increasing numbers of such courses covering both immigration and refugee issues at the European level, and might encourage more law faculties across the EU to include such courses in their undergraduate and postgraduate degree programmes. It will also be a very useful legal resource for students of migration studies from other disciplines wanting an introduction to the vital legal dimension to their studies at the European level.' Helen Toner in HRLR 2010 (581)
'[…] the book is highly suitable for students, scholars and practitioners generally interested in European developments and seeking a comprehensive introduction into the area of European migration law.' Anja Wiesbrock in Maastricht Journal of European and Comparative Law 2010 (314)
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