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Author: Matthew Parish Publisher: Edward Elgar Publishing ISBN: 0857931180 Category : Law Languages : en Pages : 289
Book Description
Since the end of the Cold War there has been an explosion of international courts and tribunals that sit apart from domestic legal systems, yet they are often woefully inadequate for their stated purposes. This book explores common problems across these courts, and applies a constructivist theory of international relations to explain their operation. Often established by states as signals of their commitment to moral values and political ideology, once created these courts find themselves trapped between the interests of the Great Powers. Some endure irrelevance, their judgements ignored. Yet more are unusably slow. Still others exhibit demonstrable political bias. Their common failings suggest that international law is not nearly as robust as it claims. The author skilfully shows that international courts are a species of international organisation, and share the same challenges of bureaucracy and unaccountability as have plagued the United Nations. Mirages of International Justice will be of particular interest to scholars and practitioners interested in critiques of the European Court of Human Rights, the World Trade Organisation, investment treaty arbitration, the EU courts, the international criminal courts, the International Court of Justice and public international law in general. Students of international relations and advocates for reform of international organisations will also learn much from this insightful study.
Author: Matthew Parish Publisher: Edward Elgar Publishing ISBN: 0857931180 Category : Law Languages : en Pages : 289
Book Description
Since the end of the Cold War there has been an explosion of international courts and tribunals that sit apart from domestic legal systems, yet they are often woefully inadequate for their stated purposes. This book explores common problems across these courts, and applies a constructivist theory of international relations to explain their operation. Often established by states as signals of their commitment to moral values and political ideology, once created these courts find themselves trapped between the interests of the Great Powers. Some endure irrelevance, their judgements ignored. Yet more are unusably slow. Still others exhibit demonstrable political bias. Their common failings suggest that international law is not nearly as robust as it claims. The author skilfully shows that international courts are a species of international organisation, and share the same challenges of bureaucracy and unaccountability as have plagued the United Nations. Mirages of International Justice will be of particular interest to scholars and practitioners interested in critiques of the European Court of Human Rights, the World Trade Organisation, investment treaty arbitration, the EU courts, the international criminal courts, the International Court of Justice and public international law in general. Students of international relations and advocates for reform of international organisations will also learn much from this insightful study.
Author: Farhad Malekian Publisher: Cambridge Scholars Publishing ISBN: 152751790X Category : Law Languages : en Pages : 227
Book Description
This book explores, from various perspectives, Kant’s codex of the categorical imperative and the supreme principle of morality in juxtaposition with the monopolisation of the rules of international criminal law. Kant’s reference to the term ‘propensity to evil in human nature’ is a much more serious iniquity universally in the nature of the Security Council than the concepts of a mens rea and actus reus in criminal law. His decisive warning foreshadows that the inclinations towards self-interest, self-love, and intent in collective mens rea within the resolutions of the Security Council prevent states from striving towards the supreme maxim of a genuine international moral worth. The idea of international criminal law is, thus, viewed as a ‘mirage’. Essentially, certain rules of the United Nations Charter, the system of international criminal justice, human rights law, and humanitarian law, like a fata morgana, are crucial if unattainable. The permanent members of the Security Council are deceiving the world by propagating a variety of excuses with the core objective of economic gain. This book will be of interest to anyone enthusiastic about positive law, the nature of criminal justice, classical moral philosophy, politics, and economics.
Author: Robert E. Worden Publisher: Univ of California Press ISBN: 0520292413 Category : Law Languages : en Pages : 268
Book Description
A free ebook version of this title is available through Luminos, University of California Press’s Open Access publishing program. Visit www.luminosoa.org to learn more. In the United States, the exercise of police authority—and the public’s trust that police authority is used properly—is a recurring concern. Contemporary prescriptions for police reform hold that the public would better trust the police and feel a greater obligation to comply and cooperate if police-citizen interactions were marked by higher levels of procedural justice by police. In this book, Robert E. Worden and Sarah J. McLean argue that the procedural justice model of reform is a mirage. From a distance, procedural justice seemingly offers a relief from strained police-community relations. But a closer look at police organizations and police-citizen interactions shows that the relief offered by such reform is, in fact, illusory.
Author: Deen K. Chatterjee Publisher: Springer Science & Business Media ISBN: 1402091591 Category : Electronic books Languages : en Pages : 1213
Book Description
This encyclopedia provides a premier reference guide for students, scholars, policy makers, and others interested in assessing the moral consequences of global interdependence and understanding the concepts and arguments that shed light on the myriad aspects of global justice.
Author: Lukman Harees Publisher: AuthorHouse ISBN: 1467007730 Category : Social Science Languages : en Pages : 781
Book Description
The Modern Man is hypocritically boasting of unprecedented material progress in a world , where ,inter-alia millions daily go to bed hungry, die or get killed through unwanted wars and preventable causes, live in inhumane conditions , vulnerable being exploited , with ever widening inequality , and might still ruling over right in international relations, even in the post UDHR era! an indictment on the collective conscience of mankind. Besides, the flame of materialism has been devouring time tested moral values, causing chaos within the basic unit in society- the family and relegating Man and his dignity to the level of animals and even manipulating his identity. Therefore questions arise: Is Moral law fading ; are political/economic systems and institutions like UN failing in realizing the lofty goal of affording due dignity , basic rights and social justice humanity deserves? Can the bystanders be mere onlookers anymore? This book seeks to dispassionately survey the yawning gap between the rhetoric and the ground reality in bringing about dignity and social justice for humanity from bystanders perspective in the light of these questions and underlines the imperative need for moral progress to go hand in hand to make Man assume his due role as the trustee on earth. It also exhorts bystanders to close ranks as human- dignity champions, rights defenders, identity protectors- against onslaughts from power hungry politicians, mighty powers and vested interests. This is the need of the times and what our future progeny demands.
Author: David Aikman Publisher: Baker Books ISBN: 144122355X Category : Religion Languages : en Pages : 280
Book Description
Morning headlines announce renewed violence and fresh calls for peace negotiations, while pundits on talk radio and cable TV shout conflicting opinions at anyone who will listen. Between perplexing contradictions and inflammatory rhetoric, it is often difficult to find out what's really going on in the Middle East. Former TIME magazine Jerusalem bureau chief David Aikman, who has spent decades reporting on Mid-East issues, takes a sober, balanced look at a region aflame. He brings a journalist's mind and a believer's heart to his exploration of the political and religious factors in play, and goes beyond the media's chronic oversimplification to carefully examine recent history and the leaders who have made that history. Aikman turns a critical eye on the policies of the region's prime players, resorting neither to blind pro-Israeli sentiment nor to reactionary pro-Palestinian bias. He challenges fellow Christians to a similar approach to the Middle East: respect, reason, and love, rather than unqualified tolerance on the one hand or religious crusading on the other. Discover the truth behind the headlines: God's restoring hand is at work in a region of the world torn apart by centuries of strife.
Author: David Feldman Publisher: Bloomsbury Publishing ISBN: 1782252827 Category : Law Languages : en Pages : 294
Book Description
A great deal has been written on the relationship between politics and law. Legislation, as a source of law, is often highly political, and is the product of a process or the creation of officials often closely bound into party politics. Legislation is also one of the exclusive powers of the state. As such, legislation is plainly both practical and inevitably political; at the same time most understandings of the relationship between law and politics have been overwhelmingly theoretical. In this light, public law is often seen as part of the political order or as inescapably partisan. We know relatively little about the real impact of law on politicians through their legal advisers and civil servants. How do lawyers in government see their roles and what use do they make of law? How does politics actually affect the drafting of legislation or the making of policy? This volume will begin to answer these and other questions about the practical, day-to-day relationship between law and politics in a number of settings. It includes chapters by former departmental legal advisers, drafters of legislation, law reformers, judges and academics, who focus on what actually happens when law meets politics in government.
Author: Raphael Israeli Publisher: Strategic Book Publishing & Rights Agency ISBN: 1948858622 Category : Civilization, Western Languages : en Pages : 396
Book Description
Government strategies for immigration in the Western world are changing. This follows decades in which the West enthusiastically embraced a policy of multiculturalism, hoping to integrate the critical mass of Muslim immigrants arriving in Europe. Some have come in search of economic opportunity; others are legitimate political refugees fleeing tyranny, oppression, and persecution. Multiculturalism, however, became an ideology so deeply and wholly adopted by certain Western governments, as to trigger processes of separatism instead of integration, while efforts to accord citizenship and facilitate assimilation have instead created undercurrents of revivalist Islam. The resulting policy has deteriorated into anger and frustration, leading some new immigrants to support terrorism against their host countries, and to participate in planning and initiating acts of violence in Britain, Spain, France, Germany, and Belgium. In view of this, some host countries have begun to rethink the benefits of multi-culturalism, adjusting to a new policy seeking the integration of Muslim minorities, not through recognizing and cultivating their separate identities, but through imposing the dominating culture of the adopted country. Case studies include Holland, Britain, and Israel.
Author: Benjamin Allen Coates Publisher: Oxford University Press ISBN: 0190495960 Category : History Languages : en Pages : 297
Book Description
America's empire expanded dramatically following the Spanish-American War of 1898. The United States quickly annexed the Philippines and Puerto Rico, seized control over Cuba and the Panama Canal Zone, and extended political and financial power throughout Latin America. This age of empire, Benjamin Allen Coates argues, was also an age of international law. Justifying America's empire with the language of law and civilization, international lawyers-serving simultaneously as academics, leaders of the legal profession, corporate attorneys, and high-ranking government officials-became central to the conceptualization, conduct, and rationalization of US foreign policy. Just as international law shaped empire, so too did empire shape international law. Legalist Empire shows how the American Society of International Law was animated by the same notions of "civilization" that justified the expansion of empire overseas. Using the private papers and published writings of such figures as Elihu Root, John Bassett Moore, and James Brown Scott, Coates shows how the newly-created international law profession merged European influences with trends in American jurisprudence, while appealing to elite notions of order, reform, and American identity. By projecting an image of the United States as a unique force for law and civilization, legalists reconciled American exceptionalism, empire, and an international rule of law. Under their influence the nation became the world's leading advocate for the creation of an international court. Although the legalist vision of world peace through voluntary adjudication foundered in the interwar period, international lawyers-through their ideas and their presence in halls of power-continue to infuse vital debates about America's global role
Author: Yuval Shany Publisher: OUP Oxford ISBN: 0191640212 Category : Law Languages : en Pages : 360
Book Description
Are international courts effective tools for international governance? Do they fulfill the expectations that led to their creation and empowerment? Why do some courts appear to be more effective than others, and do so such appearances reflect reality? Could their results have been produced by other mechanisms? This book evaluates the effectiveness of international courts and tribunals by comparing their stated goals to the actual outcomes they achieve. Using a theoretical model borrowed from social science, the book assesses their effectiveness by analysing key empirical data. Its first part is dedicated to theory and methodology, laying out the effectiveness model, explaining its different components, its promise and limits, and discussing the measurement challenges it faces. The second part analyses the role that indicators such as jurisdiction, judicial independence, legitimacy, and compliance play in achieving effectiveness. Part three applies the effectiveness model to the International Court of Justice, the WTO dispute settlement mechanisms (panels and Appellate Body), the International Criminal Court, the European Court of Human Rights, and the European Court of Justice, reflecting the diversity of the field of international adjudication. Given the recent proliferation of international courts and tribunals, this book makes an important contribution towards understanding and measuring the value that these institutions provide.
Author: Matthew Parish
Author: Matthew Parish
Author: Farhad Malekian
Author: Robert E. Worden
Author: Deen K. Chatterjee
Author: Lukman Harees
Author: David Aikman
Author: David Feldman
Author: Raphael Israeli
Author: Benjamin Allen Coates
Author: Yuval Shany