Статья 'Strafrecht als Instrument staatlicher Lenkung im internationalen Kontext' - журнал 'Международное право и международные организации / International Law and International Organizations' - NotaBene.ru
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International Law and International Organizations
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А.Röhricht Strafrecht als Instrument staatlicher Lenkung im internationalen Kontext

Abstract: The state implements government by various means, and criminal law is one of these means. The state defi nes the protected values and social and legal interests, which are worth by protection by criminal law. Both international and national law may be used for this purpose. The problem of formation of effi cient international criminal law is due to the fact that there is no unifi ed approach to the matter of which values and interests should be so protected. German theory of social values protected by criminal law has to deal with these diffi culties, and it may do so only by establishing the social value of value, the need for its protection and control by the state. The article includes detailed analysis of these theoretical problems of formation of the effi cient international criminal law, analyzes the conclusions based on German and Russian legislation, as well as based on position of the USA.


Keywords:

criminal law, international law, Rome Statute, protected values, supranational law, comparative law, means of waging war, aggression, terrorism, environment, mercenary.


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