*** YANN JUROVICS: Réflexions sur la spécificité du crime contre l'humanité. Librairie Générale de Droit et de Jurisprudence (31 rue Falguière, F-75741 Paris. Tel: (33-1) 56541600 - fax: 56541649 - E-mail: info@eja.fr). "Bibliothèque de droit international et communautaire" series, No. 116. 2002, 525 pp., EUR 49. ISBN 2-275-02155-8.
The legal notion of crimes against humanity dates back to the Second World War. Its objective was to, "enable certain acts to be pursued which were unable to be tried alongside crimes against peace or war crimes". In his initial interpretation, crime against humanity finds its essence in attacks against a person because the person has been born and is a living, thinking being. Establishing a definition, such as that brilliantly developed by Yann Jurovics, would need to be set in a, "multipolar and dynamic perspective". In fact, "the definition of crimes against humanity is never situated in one moment alone given that its impact could be felt on an international level and be subject to different conventional definitions, indeed customary definition". Added to this is the coexistence of international and national definitions, as well as the fact that these definitions are intimately linked to historic developments and therefore evolve over time. In his book and thesis, the author strives to describe crimes against humanity through the ages, illustrating the evolution of the concept and the constitutive elements of which it consists. The book is thus divided into two parts. The first focuses on, "The criminal act against humanity". Initially, Yann Jurovics describes the material basis of crimes against humanity, namely, "a serious attack on the physical integrity of a person or another inhumane act, including persecution for political racial, or religious motives". These acts in practice can include a multitude of "dehumanising inventions", such as murder, assassination, extermination, rape, torture, slavery, deportation, expulsion, imprisonment, disappearance, medical experimentation, eugenics and bio-ethical manipulation. The author then attempts to respond to a delicate question of whether material elements can be added to that of moral elements, namely intention, discriminatory motive.
All the material acts investigated by Yann Jurovics in the first part of the book sometimes with and sometimes without the moral elements, "do not follow on from crimes of common law to crimes against humanity because they are part of an overall policy bringing together a whole range of acts that go in the same direction ". It is under the angle of concerted plans, programmes and conspiracies that Yann Jurovics analyses crimes against humanity in the second part of the book, entitled "Crimes against humanity are committed by applying a policy ".
"Barely used in the end, by the Nurenberg trials, the category of crimes against humanity has, however, survived and developed", as Brigitte Stern, thesis supervisor and author of the preface writes. This evolution, which has led to it being maintained, occurred in two areas. Internal law, "ensuring the exclusivity of the norms of repression, resulting in the survival of the notion by continuing to judge crimes of the Second world War and to a lesser extent because it is significant uniquely on an internal level, subsequently developing the definition for judging other crimes against humanity". Next, it is international law that has ensured that the notion has survived. In its new instruments, it has developed standards for behaviour contained in the new crimes. It has also instituted "new international jurisdictions (TPIY, TPIR and CPI) which have reinternationalised norms of repression". Instruments of definition are manifold and sometimes made up of uncertainties and ambiguities. International jurisprudence and some significant national decisions are, "of inestimable assistance in the process of constructing a new and still emerging notion". As indicated elsewhere in the book, "it is still hoped that a unifying future notion of crimes against humanity, that respects specificity and which has gradually been emerging since Nuremberg, will, perhaps be brought forth by the jurisprudence of the International Criminal Court ". Yann Jurovics is a Doctor of law and assistant at the appeals department of the International Criminal Court on Rwanda and the former Yugoslavia.
Alain Dremière
*** The Death Penalty Worldwide. 2002 Report. Nessuno tocchi Caino (76 via di Torre Argentina, I-00186 Rome. Tel: (39-06) 68803848 - fax: 68979211. E-mail: hands.off.cain@agora.it - Internet: http://www.handsoffcain.org ). 2002, 98 pp.
Supported by the Union, "The Hands Off Cain" association is made up of citizens and politicians who have been organising against the death penalty and since 1993 have been fighting for the General Assembly of the United Nations adopts, before the end of 2003, a resolution for a universal moratorium on capital punishment. Sergio d'Elia, Secretary of the association believes that this moratorium represents, "the political passage towards abolition and which can give (…) the USA, which still has the death penalty, the necessary time for public opinion and the new laws on the rights of the individual to establish themselves: that cogitating rid of the death penalty will be commuted to a sentence or appropriate legal measure". Dedicated to the great abolitionist, Nigerian President, Olosegun Obasanjo, the 2002 report confirms the evolution towards abolition of the death penalty over the last ten years but points our that the number of executions has continued to increase. Among the 4,700 executions carried out in 2001, more than 98% occurred in totalitarian and authoritarian countries. L the book opens with an introduction by Marco Pannella and also enjoys some commentaries by Spanish philosopher Fernando Savater.
(MT)
*** Petites affiches. L'espace judiciaire européen. Les Journaux judiciaires associés (2 rue de Montesquieu, F-75001 Paris. Tel: (33-1) 42618800 - fax: 42920391 - E-mail: diffusion@petites-affiches.com - Internet: http://www.petites-affiches.com ). September 2002, No. 194, 48 pp, EUR 7.60. Subscription: EUR 120 (France, 267,56 (Union).
If it is indeed "the categorical imperative of European construction has compelled the bastions of national sovereignty to lays down its arms the one after the other", there is but one which still resists without any justification at all, the arena involving police, justice, immigration and asylum issues. The editorial focusing on the "Petites affiches" in the European Justice Area, revealing, "For ten years, citizens have witnessed a race at a snail's pace which is totally unjustified given that the internal borders of the European Union have been removed". As Antonio Vitorino stresses in an interview, it took the shock of 11 September for Member States to finally realise that the internal borders of the Union were no longer "effective" and that had to overcome national and nationalist resistance. However, how can one not see, explains the Commissioner convincingly that "legalistic nationalism" is nothing but an aberration and that the European Justice Area is "a genetic element of supranational democracy"? Mr Vitorino's Director General, Adrian Fortescue, then tackles the stakes involved in the "priority construction site", which is, since the European Council of Tampere, the creation of the freedom, security and justice area. MEP Klaus-Heiner Lehne looks at the evolution of the second directive on money laundering and the compromise agreed upon in this regard which ended with an agreement with Member States. Frédéric De Brouwer, Director of the Legal Department of the European Banking Federation, examines the new obligations on banks in this context. This very comprehensive dossier also contains the reflections of Marie-Anne Frison-Roche, lecturer in law at Sciences-Po, Paris.
(MT)
*** HORST GÜNTER KRENZLER, KATARYNA WOLCZUK: EU Justice and Home Affair in the Context of Enlargment. Report of the Working Group on the Eastern Enlargement of the European Union. European University Institute (Convento, 9 via dei Roccettini, I-500016, San Domenico di Fiesole. Tel./fax: (39-055) 4685775 - E-mail: forinfo@iue.it - Internet: http: //http://www.iue.it ). "Policy Papers" series, No. ¼. 2001, 20 pp.
Since the adoption of the Treaty of Amsterdam and particularly since the attacks of 11 September 2001 in the USA, the Community acquis in the area of Justice and Home Affairs has been in constant evolution. Candidate countries face a mighty challenge because it is they who have to integrate these acquis, including the Schengen agreements, which will undoubtedly require considerable resources. This "policy paper " from the European University Institute of Florence provides some useful and clear insights into all the accompanying and often complex implications involved in the integration of these JHA acquis by the candidate countries.
(BJL)
*** PATRICIA ARGEREY VILAR: La politica de inmigración en la Union europea. Instituto de estudios europeos (22 Julian Romea, E- 28003 Madrid. Tel: (34-91) 5140422 - fax: 5140428 - E-mail: idee@ceu.es). 2001, 50p p. ISBN 84.95219.94-8.
The study of different flows of immigration in Europe have shown that the number of economic immigrants is increasing sharply. This book focuses on this phenomenon. The analysis chooses to concentrate on the economic aspects of this trend. It would appear that, "the most sensible to position to consider when examining this kind of immigration, would be to see it as the solution to the problem of the ageing population" and as the response to the labour shortage, which some countries have failed to deal with. The first part of the book looks at the developments and difficulties facing Europe when deciding immigration policy since the signing of the Maastricht Treaty up to the current period. The relationship between the labour market and immigration is then explored. Three fundamental variables are also studied: unemployment, qualifications and the ageing population. the final part of the book examines some possible solutions, which include agreements with third countries.
(AD)
*** Les Cahiers du Cremoc. Dossier La Médiation. Centre de Recherche sur l'Europe et le Monde Contemporain (Université Paris-Sud, Faculté Jean Monnet, 54 bld Desgranges, F-92331 Sceaux Cedex - Internet: cahiers@cremoc.org).Collection "Les Cahiers du Cremoc", No. 35. 2002, 40 pp.
The current issue of this scientific review focuses on the mediation and/or arbitration procedure involved in a number of sectors of social and economic life, which effectively offer more flexibility and speed than going through the traditional legal channels. As the Editor in Chief, Hubert Fabre illustrates in his editorial, "mediation is especially useful in re-establishing communication that has become difficult, sometimes impossible, notably in areas involving the family", but which now comes in an abundance of different forms. This is the most interesting angle of the book, which opens with an analysis of Anne Weigel, historian and mediator at the High Court in Chambery, where she works in the area of legal mediation, a theme which according to Hubert Fabre is, "even more urgent given that it involves the delicate issue of the fight against insecurity in a world that's lost its bearings". A Member of the French Family Mediation Council, Professor Michèle Guillaume-Hofnung next tackles the definition of concepts characterising mediation. Director General of the Union nationale (France) of Family Associations and President of the National Consultation Council for Family Mediation, Monique Sassier deals with contextual and societal developments in which current family mediation practice is located.
(MT)
*** JEAN-CLAUDE CHESNAIS: La politique de population à l'orée du XXIe siècle. Note de Benchmarking international. Institut de l'entreprise (6 rue Clément Marot, F-75008 Paris. Tel: (33-1) 53230540 - fax: 47237901 - E-mail: doc@idep.net - Internet: http: //http://www.idep.asso.fr ). 2002, 31 pp, EUR 15.
In this succinct but detailed study, a University lecturer, Jean-Claude Chesnais from Paris XII-Val de Marne, examines the subject of demography and points out that European countries are dramatically losing ground under the double blows of low birth rates (in practically all of Europe) and the population explosion that characterises the third world. According to the figures provided in the illuminating graphs accompanying the study, continental Europe- Russia included - only accounts for… 6.5% of the world population instead of 12% as in 2000 and 21.8% in 1950. "Such an upheaval will probably be accompanied by a new political, economic, strategic and migratory outcome", observes the author who then goes on to demonstrate the "unusual course traversed by France"; its future perspectives and possible reforms, given that for the author, the low fertility rate is not something permanent. In his conclusion, he points out that "only the advanced feminist societies (Scandinavia and France) have a fertility rate that is close to being able to replace its population, therefore within a generational balance, whereas the macho societies (southern European) have fertility rates that will quickly lead to the extinction of their populations".
(MT)
*** ELISABETH DERRIKS, KARIMA SBAI: Droit des étrangers. Larcier (39 rue des Minimes, B- 1000 Brussels. Tel: (32-2) 5480711 - fax: 5139009 - E-mail: lawbooks@larcier.be). "Les dossiers du Journal des Tribunaux" series, No. 36. 2002, 153 pp. ISBN 2-8044-0900-7
The authors provide a detailed analysis of the Belgian law of 15 December1980. It examines territorial access, settlement and dispersal of foreigners. It also provides a " jurisprudence chronicle" that covers the period 1994 - 2000.
(AD)
*** La COMMISSION EUROPEENNE (Official Publications Office of the European Communities, L-2985, Luxembourg. Internet: http: //publications.eu.int) has published the following documents:
*** Structural policies and the territories of Europe. Co-operation without borders. DG regional Policy (Internet: http: //europa.eu.int/comm/regional_policy/index_fr.htm). 2002, 50p p.. ISBN 92-894-4027-9.
Cross-border and trans-national co-operation is becoming commonplace in Europe. This very simple observation, without being simplistic is borne out by the fact that "border regions represent 40% of Member State territory and accounts for 25% of its population". Their development makes up a key factor in the integration process and economic and social cohesion. Considerable progress has been accomplished in this area over recent years, notably with the impact of the single market and EMU. New instruments are called for with enlargement and the new borders that will results from it. The preface to the publication has been written by Michel Barnier, who reviews all the different domains linked to this issue, ranging from transport to telecommunications, culture, tourism and information.
*** Euro area. OECD (OECD Publications, 2 rue André Pascal, F-Paris 75775 cedex 16. Internet: http://www.oecd.org ). "OECD Economic Surveys" series, No. 2002/16. 2002, 187 pp. ISBN 92-64-19158-5.
An assessment of the Euro-zone by the Organisation for Economic Co-operation and Development has stressed that, "an upturn began after the fall in 2000-2001 but the labour market is failing to pick up in the same way". It has not been possible to limit inflation to below 2% the target of the European Central Bank, which means that the quite optimistic perspectives for 2003 remain uncertain. The OECD recommends that the Stability and Growth Pact is respected, as well as fiscal consolidation.
*** Réalités industrielles. Eska publishers (12 rue du Quatre-Septembre, F-75002 Paris. Tel: (33-1) 42865598 - fax: 42604535 - Internet: http://www.eska.fr - Internet: http://www.annales.org ). August 2002, No. 64, 110 p., EUR 22.11 ISBN 2-7472-0425-5.
This publication forms part of a series called the "Annales Des mines" and examines the way in which climate, particularly storms impact on European industrial activity. In order to "find shelter", the solution according to Danièle Trauman would be to (after a crisis) provide an account of different experiences in order to study the scale and kind of weaknesses in organisations, their causes and consequences, as well as the procedures and systems of alarm, assistance and reconstruction. The contributions focus on the concept of non-distributable energy, the assistance tool in management decisions in electricity networks…the importance of quality service in electricity supply. It also examines the lessons to draw for insurance companies and those insured at the time of the 1999 storms, as well as compensation for "major climate risks", "mechanisms put in place by civil defence against crisis events". etc.
*** Revue générale du Contentieux fiscal. De Boeck & Larcier (4 Fond Jean-Pâques, B-1348 Louvain-la-Neuve. Tel: (32-10) 482500 - fax: 482519 - E-mail: acces+deboeck@deboeck.be - Internet: http://www.larcier.be ). September -October 2002, No. 1, 80 pp, EUR 40. Subscription: EUR 210. ISBN 2-8044-1006-4.
The initial issue of this new publication focuses on tax procedures and attempts to answer some of the questions related to fiscal procedures, which are at the centre of a number of court actions and directly concern tax payers and professionals. Specialists in this area, according to the publication, are as influenced as much by doctrine as they are by the law and current events. In brief, "the new legal procedures in the courts involving the application of a tax law" and "future decisions governing taxation in Belgium: why and how the system should be changed".
*** Provincia informa. Notizie sulle politiche comunitarie. Provincia di Torino (3 via Lagrange, I-10123 Torino. Tel.: (39-11) 8613490/3491 -E-mail: progetti_europei@provincia.torino.it). September 2002, No. 9..
This issue of this journal normally published in the Italian province of Turin tackles the following themes: the European Constitution and the reaction by European citizens, trans-national and regional co-operation which is "ready to take off " by way of Interreg III B nd Interreg III C, "the InfoPoints Europa Network of public communication and citizens' services for the first time in the the citizens' living room", "the provice and European projects" such as Euro-Nexus in the framework fo the European Strategy for Employment and Local Action, the rate of unemployment in the European regions and linguistic diversity.