Bøger af Dimitris Liakopoulos

Document from the year 2019 in the subject Law - European and International Law, Intellectual Properties, Tufts University, language: English, abstract: The focus of this book is the analysis of male sexual crimes in international criminal justice.The first part of the present research work is focused on the legal analysis of the relevant articles of international criminal court's Statute regarding the obligation of cooperation between states for the punishment of serious crimes against humanity and war. Judicial development, starting with the ad hoc tribunals and arriving at causes at various stages of proceedings still ongoing in the International Criminal Court (ICC), opens doctrinal and comparative national debates especially in the case of lacking states cooperation, seeking to elaborate specific topics such as the obligation of states cooperation, requests for assistance during preliminary investigations,during inquires, and confidential information. Court assistance to states parties participating in the Statute, suspending the execution of a request, the role of the prosecutor and the non-assistance of some states impede the development and operation of international criminal justice. The second part has attempted to analyze sexual crimes and especially the crime of male rape.The jurisprudence of international criminal tribunals and the ICC have tried to qualify rapeeither as a crime of genocide in the form of serious and physical injuries, even if notnecessarily permanent (lett.b) Art.6 of the Rome Statute; or as a crime against humanity wherethere are elements of context and above all material elements that emerge from the defenitionsgiven by the ad hoc tribunals and the elements of crimes; or even as a war crime in case it isimplemented to that of sexual violence, according to a geneder specific relationship tospeciem. Judges through the jurisprudence have included in this context any conduct of asexual type of aggression to human dignity that does not consist in an act of penetration andthat does not involve physical contract. The contrasts are always open. Due to the lack ofdealing with a "particular" crime and difficult to prove it or testify before an internationalcourt. The indication on the level of gravity of the crime is necessary for the relevance ofsexual violence and rape as crimes against humanity that we will see in the coming years.

In the first part of this book, noted legal scholar Dimtris Liakopoulos deals with reconstructing the legal regulatory framework governing human rights violations in the activities of organizations. Liakopoulos then moves on to how this works in practice, examining the reparations obtainable by an individual in disputes.

Explores the legal consequences of complicity in international relations. Consequences of Complicity examines the profiles inherent to damages due to the injured party. In this regard it will move from the observation that the conduct of an accomplice gives rise to a crime distinct from the main one.

Analyses questions arising from a state's complicity in conflict with another state or an international organisation. On the basis of international legal provisions, a state that assists the illicit fact of another state or an international organisation in turn commits an offense if it is aware of the main fact and is bound by the same obligation.

Examines the relationship between governments and international organizations under international law. After surveying the policing powers of international organizations under international law, the book illustrates some normative aspects of law that distinguish regulation from enforcement via study of recent legal cases.

Concentrates on issues of friction between member states of the UN. Dimitris Liakopoulos hypothesizes that "practical guides" based on custom often catalyze the positions taken by states, courts, scholars, and other actors, constituting an "orthodox" position against which formulaic legal opposition will become predictably more difficult.

Identifies and explores relevant considerations in the work of the United Nations International Commission and offers an overview of the status of international law as defined by the United Nations authority responsible for its codification and development.

Explores the content of powers attributed by the Statute of Rome to the UN Security Council. The book begins by investigating the power to activate the investigations of the prosecutor before examining the power to suspend judicial activity. It then defines the characteristics of Security Council intervention.

Analyses US bankruptcy law with a focus on the concept of automatic stay. Dimitris Liakopulos' work identifies legal sources and authorities having repercussions in terms of operational protection. He then examines their functional profiles, with specific regard to procedure.

The Court of Justice of the European Union (EU) has long contributed to the concept of abuse of law. In The Different Forms of Abuse of Law and Process in the European Union, Prof. Dimitris Liakopoulos presents his research regarding the functionality of the fight against abuse as a legal technique through a comparison of alternative techniques. Through this research, Liakopoulos provides a thorough understanding of the legal meaning and operation of the prohibition on the abuse of rights in the EU. The book also reviews how it may be used as a legal technique either to exclude the application of EU law or to deny the right attributed by EU law where abusive behavior by a private individual is found.The book concludes with an analysis of the abuse process in the criminal sector and in the common law system, with special consideration of the system in the United States. Looking at the Anglo-Saxon system, the overall theoretical abuse of process is based on the principle of fairness: If a fair trial cannot take place, or if it would be unfair to continue a criminal trial against anyone, we would be facing a "false" process. After all, the accused is no longer in a position to exercise his faculties and rights fully and to continue would be an outrage against the moral integrity of the system. The Different Forms of Abuse of Law and Process in the European Union provides paradigm-shifting answer to the question: Does the practice surpass the theory?