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Author : Courtney Hillebrecht
Publisher : Cambridge University Press
Page : 255 pages
File Size : 40,9 Mb
Release : 2021-09-30
Category : Law
ISBN : 9781316511411
This book provides a framework for understanding backlash against the international justice regime and how to save it.
Author : Courtney Hillebrecht
Publisher : Cambridge University Press
Page : 255 pages
File Size : 47,8 Mb
Release : 2021-09-30
Category : Law
ISBN : 9781009059558
While resistance to international courts is not new, what is new, or at least newly conceptualized, is the politics of backlash against these institutions. Saving the International Justice Regime: Beyond Backlash against International Courts is at the forefront of this new conceptualization of backlash politics. It brings together theories, concepts and methods from the fields of international law, international relations, human rights and political science and case studies from around the globe to pose - and answer - three questions related to backlash against international courts: What is backlash and what forms does it take? Why do states and elites engage in backlash against international human rights and criminal courts? What can stakeholders and supporters of international justice do to meet these contemporary challenges?
Author : Oumar Ba
Publisher : Cambridge University Press
Page : 207 pages
File Size : 45,5 Mb
Release : 2020-07-02
Category : Law
ISBN : 9781108488778
This book theorizes how weaker states in the international system use the ICC to advance their security and political interests.
Author : Sonja Klinsky,Jasmina Brankovic
Publisher : Routledge
Page : 136 pages
File Size : 46,5 Mb
Release : 2018-04-27
Category : Business & Economics
ISBN : 9781351854917
Geopolitical changes combined with the increasing urgency of ambitious climate action have re-opened debates about justice and international climate policy. Mechanisms and insights from transitional justice have been used in over thirty countries across a range of conflicts at the interface of historical responsibility and imperatives for collective futures. However, lessons from transitional justice theory and practice have not been systematically explored in the climate context. The comparison gives rise to new ideas and strategies that help address climate change dilemmas. This book examines the potential of transitional justice insights to inform global climate governance. It lays out core structural similarities between current global climate governance tensions and transitional justice contexts. It explores how transitional justice approaches and mechanisms could be productively applied in the climate change context. These include responsibility mechanisms such as amnesties, legal accountability measures, and truth commissions, as well as reparations and institutional reform. The book then steps beyond reformist transitional justice practice to consider more transformative approaches, and uses this to explore a wider set of possibilities for the climate context. Each chapter presents one or more concrete proposals arrived at by using ideas from transitional justice and applying them to the justice tensions central to the global climate context. By combining these two fields the book provides a new framework through which to understand the challenges of addressing harms and strengthening collective climate action. This book will be of great interest to scholars and practitioners of climate change and transitional justice.
Author : Sébastien Jodoin,Marie-Claire Cordonier Segger
Publisher : Cambridge University Press
Page : 393 pages
File Size : 40,9 Mb
Release : 2013-06-24
Category : Law
ISBN : 9781107245068
Sustainable Development, International Criminal Justice, and Treaty Implementation provides a serious and timely perspective on the relationship between two important and dynamic fields of international law. Comprising chapters written by leading academics and international lawyers, this book examines how the principles and practices of international criminal law and sustainable development can contribute to one another's elaboration, interpretation and implementation. Chapters in the book discuss the potential and limitations of international criminalization as a means for protecting the basic foundations of sustainable development; the role of existing international crimes in penalizing serious forms of economic, social, environmental and cultural harm; the indirect linkages that have developed between sustainable development and various mechanisms of criminal accountability and redress; and innovative proposals to broaden the scope of international criminal justice. With its rigorous and innovative arguments, this book forms a unique and urgent contribution to current debates on the future of global justice and sustainability.
Author : Margaret A. Young
Publisher : Cambridge University Press
Page : 128 pages
File Size : 50,9 Mb
Release : 2012-01-12
Category : Law
ISBN : 9781139504935
This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Author : William H. Meyer
Publisher : University of Pennsylvania Press
Page : 265 pages
File Size : 43,6 Mb
Release : 2019-11-08
Category : Political Science
ISBN : 9780812296648
International human rights have been an important matter for study, policy, and activism since the end of World War II. However, as William H. Meyer observes, global governance is not only a relatively new topic for students of interational relations but also a widely used yet often contested concept. Despite the conflicting and often politicized uses of the term, three key dimensions of global governance can be identified: the impact of diplomatic international organizations such as the International Criminal Court, the importance of nonstate actors and global civil society, and global political trends that can be gleaned from empirical observation and data collection. In Human Rights and Global Governance, Meyer defines global governance generally as the management of global issues within a political space that has no single centralized authority. Employing a combination of historical, quantitative, normative, and policy analyses, Meyer presents a series of case studies at the intersection of power politics and international justice. He examines the global campaign to end impunity for dictators; the recognition, violation, and protection of indigenous rights; the creation and expansion of efforts to ensure corporate social responsibility; the interactions between labor rights and development in the Global South; just war theory as it applies to torturing terrorists, war crimes in Afghanistan and Iraq, and the drone wars; and the global strategic environment that best facilitates the making of human rights treaties. Meyer concludes with an evaluation of the successes and failures of two exemplary models for the global governance of human rights as well as recommendations for public policy changes and visions for the future.
Author : Victor Peskin
Publisher : Cambridge University Press
Page : 290 pages
File Size : 51,6 Mb
Release : 2008-03-03
Category : Political Science
ISBN : 9781139468176
Today's international war crimes tribunals lack police powers, and therefore must prod and persuade defiant states to co-operate in the arrest and prosecution of their own political and military leaders. Victor Peskin's comparative study traces the development of the capacity to build the political authority necessary to exact compliance from states implicated in war crimes and genocide in the cases of the International War Crimes Tribunals for the former Yugoslavia and Rwanda. Drawing on 300 in-depth interviews with tribunal officials, Balkan and Rwandan politicians, and Western diplomats, Peskin uncovers the politicized, protracted, and largely behind-the-scenes tribunal-state struggle over co-operation.
Author : Kamari Maxine Clarke
Publisher : Duke University Press
Page : 212 pages
File Size : 45,6 Mb
Release : 2019-11-15
Category : History
ISBN : 9781478007388
Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.
Author : Edwin Egede
Publisher : Edinburgh University Press
Page : 397 pages
File Size : 42,9 Mb
Release : 2013-08-20
Category : Political Science
ISBN : 9780748634736
An introduction to international law for politics and IR studentsThis textbook introduction to international law and justice is specially written for students studying law in other departments, such as politics and IR. Written by a lawyer and a political theorist, it shows how international politics has influenced international law.Edwin Egede and Peter Sutch show that neglected questions of justice and ethics are essential to any understanding of the institutions of international society. They walk students through the most crucial questions and critical debates in international law today: sovereignty and global governance, sovereign and diplomatic immunity, human rights, the use of force, sanctions and the domestic impact of international law.
Author : Par Engstrom
Publisher : Palgrave Macmillan
Page : 340 pages
File Size : 46,7 Mb
Release : 2018-07-16
Category : Political Science
ISBN : 3319894587
This volume brings together innovative work from emerging and leading scholars in international law and political science to critically examine the impact of the Inter-American Human Rights System (IAHRS). By leveraging a variety of theoretical frameworks and methodological approaches, the contributors assess the impact of the IAHRS on domestic human rights change in Latin America. More specifically, the book provides a nuanced analysis of the System’s impact by examining the ways in which the IAHRS influences domestic actors and political institutions advancing the realisation of human rights. This work will be of interest to students and scholars of human rights and Latin American politics, as well as to those engaged with the nexus of international law and domestic politics and the dynamics of international and regional institutions.
Author : Tim Allen
Publisher : Zed Books Ltd.
Page : 164 pages
File Size : 42,8 Mb
Release : 2013-04-04
Category : Law
ISBN : 9781848137936
The International Criminal Court (ICC) has run into serious problems with its first big case -- the situation in northern Uganda. There is no doubt that appalling crimes have occurred here. Over a million people have been forced to live in overcrowded displacement camps under the control of the Ugandan army. Joseph Kony's Lord's Resistance Army has abducted thousands, many of them children and has systematically tortured, raped, maimed and killed. Nevertheless, the ICC has confronted outright hostility from a wide range of groups, including traditional leaders, representatives of the Christian Churches and non-governmental organizations. Even the Ugandan government, which invited the court to become involved, has been expressing serious reservations. Tim Allen assesses the controversy. While recognizing the difficulties involved, he shows that much of the antipathy towards the ICC's intervention is misplaced. He also draws out important wider implications of what has happened. Criminal justice sets limits to compromise and undermines established procedures of negotiation with perpetrators of violence. Events in Uganda have far reaching implications for other war zones - and not only in Africa. Amnesties and peace talks may never be quite the same again.
Author : Marlies Glasius
Publisher : Routledge
Page : 177 pages
File Size : 47,6 Mb
Release : 2006-03-29
Category : Law
ISBN : 9781134315673
A universal criminal court : the emergence of an idea -- The global civil society campaign -- The victory : the independent prosecutor -- The defeat : no universal jurisdiction -- The controversy : gender and forced pregnancy -- The missed chance : banning weapons -- A global civil society achievement : why rejoice?
Author : Varun Gauri,Daniel M. Brinks
Publisher : Cambridge University Press
Page : 384 pages
File Size : 42,5 Mb
Release : 2010-03-15
Category : Political Science
ISBN : 0521145163
This book is a first-of-its-kind, five-country empirical study of the causes and consequences of social and economic rights litigation. Detailed studies of Brazil, India, Indonesia, Nigeria, and South Africa present systematic and nuanced accounts of court activity on social and economic rights in each country. The book develops new methodologies for analyzing the sources of and variation in social and economic rights litigation, explains why actors are now turning to the courts to enforce social and economic rights, measures the aggregate impact of litigation in each country, and assesses the relevance of the empirical findings for legal theory. This book argues that courts can advance social and economic rights under the right conditions precisely because they are never fully independent of political pressures.
Author : Felix Fouchard
Publisher : Bloomsbury Publishing
Page : 265 pages
File Size : 45,6 Mb
Release : 2024-05-02
Category : Law
ISBN : 9781509971329
This book examines how the International Court of Justice (ICJ) reviews State behaviour through the prism of the standard of review. It develops a novel rationale to support the ICJ's application of deferential standards of review as a judicial avoidance technique, based on strategic considerations. It then goes on to empirically assess all 31 decisions of the Court in which the standard of review was at issue, showing how the Court determines that standard, and answering the question of whether it varies its review intensity strategically. As a result, the book's original contribution is two-fold: establishing a new rationale for judicial deference (that can be applied to all international courts and tribunals); and providing the first comprehensive, empirical analysis of the ICJ's standards of review. It will be beneficial to all scholars of the Court and those interested in judicial strategy.
