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
Appendix A - Chart of Non-retroactivity Provisions in Criminal Law by Nations
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
The following chart indicates provisions concerning non-retroactivity in criminal law adopted by the various nations of the world. It also covers the related doctrine of mercy (lex mitior) where a later law mitigates a penalty. All UN member states are included in this chart, plus Chechnya, the Republic of China (Taiwan), Kosovo, Turkish Republic of Northern Cyprus, the Palestinian Authority, Sahrawi Arab Democratic Republic (Western Sahara), Somaliland, and the State of Vatican City (the Holy See). These entities each make claims to be a state (Chechnya, Kosovo, N. Cyprus, W. Sahara, Somaliland, Vatican), to be the legitimate government of a state (Rep. of China), or to have the right to become a state (Palestine). Non–UN members are indicated with “x” on the chart.
C = Constitutional provision (including constitutional provisions incorporating human rights treaties with legality provisions, and constitutional provisions that may not be clear on their face but have been authoritatively interpreted by the court of highest jurisdiction in the nation) (Cols. 2-4).
S = Statutory provision (with no clear constitutional provision). Also included here would be case law not tied to a constitutional provision (Cols. 2-4). Note that in a few countries, it is difficult to distinguish between constitutional and statutory provisions.
T = Treaty provision (with no clear constitutional provision, and no statutory provision found) (Cols. 2-4, relevant treaties listed in Col. 5 whether or not there are constitutional provisions).
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- Publisher: Cambridge University PressPrint publication year: 2008