Book contents
- Frontmatter
- Contents
- Explanatory Note on Spelling
- Acknowledgments
- Introduction
- 1 Legality in Criminal Law, Its Purposes, and Its Competitors
- 2 A Partial History to World War II
- 3 Nuremberg, Tokyo, and Other Postwar Cases
- 4 Modern Development of International Human Rights Law: Practice Involving Multilateral Treaties and the Universal Declaration of Human Rights
- 5 Modern Comparative Law Development: National Provisions Concerning Legality
- 6 Legality in the Modern International and Internationalized Criminal Courts and in the UN Trust Territories
- 7 Legality in Customary International Law Today
- Conclusion: The Endurance of Legality in National and International Criminal Law
- Appendix A Chart of Non-retroactivity Provisions in Criminal Law by Nations
- Appendix B Legality and Non-retroactivity Provisions as of 1946–47
- Appendix C Constitutional and Other National Provisions Implementing the Principle of Legality Today
- Bibliography
- Table of Authorities
- Index
- Afterword and Update
- CAMBRIDGE STUDIES IN INTERNATIONAL AND COMPARATIVE LAW
Afterword and Update
Published online by Cambridge University Press: 04 July 2009
- Frontmatter
- Contents
- Explanatory Note on Spelling
- Acknowledgments
- Introduction
- 1 Legality in Criminal Law, Its Purposes, and Its Competitors
- 2 A Partial History to World War II
- 3 Nuremberg, Tokyo, and Other Postwar Cases
- 4 Modern Development of International Human Rights Law: Practice Involving Multilateral Treaties and the Universal Declaration of Human Rights
- 5 Modern Comparative Law Development: National Provisions Concerning Legality
- 6 Legality in the Modern International and Internationalized Criminal Courts and in the UN Trust Territories
- 7 Legality in Customary International Law Today
- Conclusion: The Endurance of Legality in National and International Criminal Law
- Appendix A Chart of Non-retroactivity Provisions in Criminal Law by Nations
- Appendix B Legality and Non-retroactivity Provisions as of 1946–47
- Appendix C Constitutional and Other National Provisions Implementing the Principle of Legality Today
- Bibliography
- Table of Authorities
- Index
- Afterword and Update
- CAMBRIDGE STUDIES IN INTERNATIONAL AND COMPARATIVE LAW
Summary
No book on current law is ever really finished. Any practicing lawyer who uses this book knows that its citations must always be checked for postpublication developments.
Several developments concerning legality in national constitutional law have occurred since the completion of the main text of this book. These have occurred in both generally recognized states (Senegal and Myanmar) and entities seeking recognition as states (Abkhazia, Kosovo, and South Ossetia). They generally conform to trends noted in the main text. They are organized next according to the sections of Chapter 5 (Modern Comparative Law Development: National Provisions Concerning Legality) in which the developments would have been noted. These developments generally confirm the conclusions reached in Chapter 5 and provide further evidence for the overall conclusions of the book discussed in Chapter 7 (Legality in Customary International Law Today).
Sources of the Requirement of Non-Retroactivity of Crimes and Punishments in National Law
The trend toward including non-retroactivity in criminal law as a national constitutional protection continues in entities seeking to be recognized as states, but which have not yet gained universal recognition or United Nations membership – specifically Kosovo, South Ossetia, and Abkhazia.
The Constitution of Kosovo, with non-retroactivity of crimes and punishments and a lex mitior provision, noted as a proposal in the main text, took effect 15 June 2008. The President of Serbia has stated that Serbia “does not accept the proclamation of Kosovo's constitution as a legal fact.”
- Type
- Chapter
- Information
- Publisher: Cambridge University PressPrint publication year: 2008