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Author: Andrea Birdsall Publisher: Routledge ISBN: 1134040989 Category : Political Science Languages : en Pages : 333
Book Description
This volume considers the most recent demands for justice within the international system, examining how such aspirations often conflict with norms of state sovereignty and non-intervention. From an interdisciplinary approach that combines issues of International Relations with International Law, this book addresses issues neglected in both disciplines concerning the establishment a more just international order and its political implications. Through detailed examples drawn from key developments in international law, the author explores how new norms develop within international society, and how these norms generate both resistance and compliance from state actors. Case studies include: Pinochet and the House of Lords The Congo versus Belgium at the International Court of Justice The establishment of the ad hoc war crimes tribunal for the Former Yugoslavia The creation of the International Criminal Court and US opposition. The International Politics of Judicial Intervention will be of interest to students and scholars of International Relations, Human Rights and International Law.
Author: Andrea Birdsall Publisher: Routledge ISBN: 1134040989 Category : Political Science Languages : en Pages : 333
Book Description
This volume considers the most recent demands for justice within the international system, examining how such aspirations often conflict with norms of state sovereignty and non-intervention. From an interdisciplinary approach that combines issues of International Relations with International Law, this book addresses issues neglected in both disciplines concerning the establishment a more just international order and its political implications. Through detailed examples drawn from key developments in international law, the author explores how new norms develop within international society, and how these norms generate both resistance and compliance from state actors. Case studies include: Pinochet and the House of Lords The Congo versus Belgium at the International Court of Justice The establishment of the ad hoc war crimes tribunal for the Former Yugoslavia The creation of the International Criminal Court and US opposition. The International Politics of Judicial Intervention will be of interest to students and scholars of International Relations, Human Rights and International Law.
Author: Andrea Birdsall Publisher: ISBN: Category : Languages : en Pages :
Book Description
Human rights are increasingly recognised as part of international law and politics, but they at times conflict with principles of state sovereignty and non-intervention. This thesis examines the conflict that exists between the order provided by states and various aspirations for justice as expressed in cases of international judicial interventions. It argues that a shift has taken place in international relations from a predominantly state-centric view of international law towards an increased recognition of principles of individual justice. The overarching theoretical and analytical framework of this thesis is based on the English School of International Relations and its pluralist and solidarist approaches to the conflict between order and justice. Pluralism emphasises order over justice whereas solidarism looks at ways of overcoming the conflict by recognising the mutual interdependence of order and justice. The framework chosen also integrates a constructivist approach and the 'norm life cycle' to explain how norms emerge and are internalised in international society. Through close textual analysis, this thesis examines four case studies as concrete expressions of the order and justice conflict: Pinochet and the House of Lords; the Congo versus Belgium at the ICJ; the establishment of the ad hoc war crimes tribunal for the Former Yugoslavia; and the creation of the International Criminal Court. It is argued that these cases reflect different stages of the norm life cycle and demonstrate normative developments that lead to changes in the rules of international society. The cases illustrate both acceptance as well as resistance to such developments which suggests that norm development is not a neat progression but rather a dynamic process. The overall argument of the thesis is that a development has taken place in international relations towards increased recognition and internalisation of human rights and their enforcement in the international order. This can be seen as a starting point for the creation of a more 'just' order.
Author: Shai Dothan Publisher: Cambridge University Press ISBN: 1108488765 Category : Law Languages : en Pages : 173
Book Description
The book explains when international courts should and when they should not intervene in domestic affairs. It is based on both empirical and theoretical inquires that circumscribe the cases when intervention of international courts is legitimate, likely to identify good legal solutions, and will lead to good outcomes.
Author: Andrea Birdsall Publisher: Routledge ISBN: 1134040997 Category : Law Languages : en Pages : 175
Book Description
The author examines the conflict between the states, international law and aspirations for justice by analyzing cases of judicial intervention including: Pinochet and the House of Lords, the Congo vs Belgium, the Former Yugoslavian war crimes tribunal and the ICC.
Author: Kingsley Chiedu Moghalu Publisher: Bloomsbury Publishing USA ISBN: 0313087121 Category : Political Science Languages : en Pages : 238
Book Description
After a controversial war in which he was ousted and captured by United States forces, Saddam Hussein was arraigned before a war crimes tribunal. Slobodan Milosevic died midway through his contentious trial by an international war crimes tribunal at The Hague. Calls for intervention and war crimes trials for the massacres and rapes in Sudan's Darfur region have been loud and clear, and the United States remains fiercely opposed to the permanent International Criminal Court. Are war crimes trials impartial, apolitical forums? Has international justice for war crimes become an entrenched aspect of globalization? In Global Justice, Moghalu examines the phenomenon of war crimes trials from an unusual, political perspective—that of an anarchical international society. After a controversial war in which he was ousted and captured by United States forces, Saddam Hussein was arraigned before a war crimes tribunal. Slobodan Milosevic died midway through his contentious trial by an international war crimes tribunal at The Hague. Calls for intervention and war crimes trials for the massacres and rapes in Sudan's Darfur region have been loud and clear, and the United States remains fiercely opposed to the permanent International Criminal Court. Are war crimes trials impartial, apolitical forums? Has international justice for war crimes become an entrenched aspect of globalization? In Global Justice, Moghalu examines the phenomenon of war crimes trials from an unusual, political perspective—that of an anarchical international society. He argues that, contrary to conventional wisdom, war crimes trials are neither motivated nor influenced solely by abstract notions of justice. Instead, war crimes trials are the product of the interplay of political forces that have led to an inevitable clash between globalization and sovereignty on the sensitive question of who should judge war criminals. From Germany's Kaiser Wilhelm to the Japanese Emperor Hirohito, from the trials of Milosevic, Saddam Hussein, and Charles Taylor to Belgium's attempts to enforce the contested doctrine of universal jurisdiction, Moghalu renders a compelling tour de force of one of the most controversial subjects in world politics. He argues that, necessary though it was, international justice has run into a crisis of legitimacy. While international trials will remain a policy option, local or regional responses to mass atrocities will prove more durable.
Author: Oumar Ba Publisher: Cambridge University Press ISBN: 1108806082 Category : Law Languages : en Pages : 207
Book Description
This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.
Author: Caroline Fehl Publisher: Springer ISBN: 3658251964 Category : Political Science Languages : en Pages : 298
Book Description
This book studies the justice concerns of political actors in important international regimes and international and domestic conflicts and traces their effects on peace and conflict. The book demonstrates that such justice concerns play an ambivalent role for the resolution of conflicts and maintenance of order. While arrangements that actors perceive as just will provide a good basis for peaceful relations, the pursuit of justice can create conflicts or make existing ones more difficult to resolve. The Chapter "Justice from an Interdisciplinary Perspective: The Impact of the Revolution in Human Sciences on Peace Research and International Relations" by Harald Müller is available open access under a CC BY 4.0 license at link.springer.com.
Author: Oona Anne Hathaway Publisher: ISBN: Category : International law Languages : en Pages : 420
Book Description
This title is a compilation of materials designed to bridge the gap between the disciplines of international law and international relations. It could be used as a companion to case books for a course in international law, as a reader in an advanced seminar in international law, or in a political science class on international relations of globalization.
Author: Andrea Castagnola Publisher: Routledge ISBN: 1315520605 Category : Political Science Languages : en Pages : 191
Book Description
After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.
Author: Andrea Birdsall
Author: Andrea Birdsall
Author: Andrea Birdsall
Author: Shai Dothan
Author: Andrea Birdsall
Author: Kingsley Chiedu Moghalu
Author: Oumar Ba
Author: Caroline Fehl
Author: Oona Anne Hathaway
Author: Andrea Castagnola
Author: Hedley Bull