Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective PDF Download

Author: Dário Moura Vicente
Publisher: Martinus Nijhoff Publishers
ISBN: 9004298711
Category : Law
Languages : en
Pages : 595

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Book Description
The recent proliferation of international courts and jurisdictions raises a number of important issues ranging from the redefinition of the role of the International Court of Justice to the recent emergence of domestic courts as international jurisdictions. Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective, containing edited articles presented at the International Law Association’s Regional Conference held in Lisbon, offers a comprehensive overview of those issues and outlines challenges ahead for every branch of international law.

Author: Albert A. Anderson
Publisher: Rodopi
ISBN: 9789042002494
Category : Human rights
Languages : en
Pages : 208

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Book Description
This book is concerned with 'how' to think about justice rather than 'what' to think about justice. Its dialectical approach to justice offers a postmodern philosophy which is universal without being absolutist. This stands as an alternative to claims of certainty about justice and to the denials of such certainty in the modern era. to the literary culture of England.

Author: Roger Normand
Publisher: Indiana University Press
ISBN: 0253000114
Category : Political Science
Languages : en
Pages : 528

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Book Description
Human rights activists Roger Normand and Sarah Zaidi provide a broad political history of the emergence and development of the human rights movement in the 20th century through the crucible of the United Nations, focusing on the hopes and expectations, concrete power struggles, national rivalries, and bureaucratic politics that molded the international system of human rights law. The book emphasizes the period before and after the creation of the UN, when human rights ideas and proposals were shaped and transformed by the hard-edged realities of power politics and bureaucratic imperatives. It also analyzes the expansion of the human rights framework in response to demands for equitable development after decolonization and organized efforts by women, minorities, and other disadvantaged groups to secure international recognition of their rights.

Author: Aisling O'Sullivan
Publisher: Taylor & Francis
ISBN: 1317301218
Category : Law
Languages : en
Pages : 235

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Book Description
With the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the rise to prominence of universal jurisdiction over crimes against international law seemed to be assured. The arrest of Pinochet and the ensuing proceedings before the UK courts brought universal jurisdiction into the foreground of the "fight against impunity" and the principle was read as an important complementary mechanism for international justice –one that could offer justice to victims denied an avenue by the limited jurisdiction of international criminal tribunals. Yet by the time of the International Court of Justice’s Arrest Warrant judgment four years later, the picture looked much bleaker and the principle was being read as a potential tool for politically motivated trials. This book explores the debate over universal jurisdiction in international criminal law, aiming to unpack a practice in which international lawyers continue to disagree over the concept of universal jurisdiction. Using Martti Koskenniemi’s work as a foil, this book exposes the argumentative techniques in operation in national and international adjudication since the 1990s. Drawing on overarching patterns within the debate, Aisling O’Sullivan argues that it is bounded by a tension between contrasting political preferences or positions, labelled as moralist ("ending impunity") and formalist ("avoiding abuse") and she reads the debate as a movement of hegemonic and counter-hegemonic positions that struggle for hegemonic control. However, she draws out how these positions (moralist/formalist) merge into one another and this produces a tendency towards a "middle" position that continues to prefer a particular preference (moralist or formalist). Aisling O’Sullivan then traces the transformation towards this tendency that reflects an internal split among international lawyers between building a utopia ("court of humanity") and recognizing its impossibility of being realized.

Author: Sasha Costanza-Chock
Publisher: MIT Press
ISBN: 0262043459
Category : Design
Languages : en
Pages : 358

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Book Description
An exploration of how design might be led by marginalized communities, dismantle structural inequality, and advance collective liberation and ecological survival. What is the relationship between design, power, and social justice? “Design justice” is an approach to design that is led by marginalized communities and that aims expilcitly to challenge, rather than reproduce, structural inequalities. It has emerged from a growing community of designers in various fields who work closely with social movements and community-based organizations around the world. This book explores the theory and practice of design justice, demonstrates how universalist design principles and practices erase certain groups of people—specifically, those who are intersectionally disadvantaged or multiply burdened under the matrix of domination (white supremacist heteropatriarchy, ableism, capitalism, and settler colonialism)—and invites readers to “build a better world, a world where many worlds fit; linked worlds of collective liberation and ecological sustainability.” Along the way, the book documents a multitude of real-world community-led design practices, each grounded in a particular social movement. Design Justice goes beyond recent calls for design for good, user-centered design, and employment diversity in the technology and design professions; it connects design to larger struggles for collective liberation and ecological survival.

Author: Patrick Riley
Publisher: Harvard University Press
ISBN: 9780674524071
Category : Biography & Autobiography
Languages : en
Pages : 366

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Book Description
For the first time Leibniz' political, moral, and legal thought are extensively discussed here in English. The text includes fragments of his work that have never before been translated. Riley shows that a justice based on both wisdom and love, "wise charity", has at least as much claim to be taken seriously as the familiar contractarian ideas of Hobbes and Locke. For Leibniz, nothing is more important than benevolence toward others, which he famously equates with justice and which he insists is morally crucial. Because Leibniz was the greatest Platonist of early modernity, Riley argues, his version of Platonic idealism serves as the bridge from Plato himself to the greatest modern "critical" idealist, Kant. With Leibniz' Universal Jurisprudence we now have a fuller picture of one of the greatest general thinkers of the seventeenth century.

Author: Julie Fraser
Publisher: Edward Elgar Publishing
ISBN: 1839107308
Category : Law
Languages : en
Pages : 456

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Book Description
This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.

Author: Nergis Canefe
Publisher: University of Wales Press
ISBN: 1786837048
Category : Law
Languages : en
Pages : 257

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Book Description
This book brings together jurisprudential debates on international criminal law, international law scholarship on the limits of state sovereignty, and applied political philosophy concerning responsibility and accountability in the context of mass political crimes and state criminality. It offers a compelling view of legal reasoning concerning accountability regimes in the Global South. No other study addresses questions of ethical dimensions of mass crimes and accountability for state criminality.

Author: Serena Forlati
Publisher: BRILL
ISBN: 9004408576
Category : Law
Languages : en
Pages : 219

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Book Description
In Universal Civil Jurisdiction ¬– Which Way Forward? leading experts of public and private international law discuss the challenges that victims of international crimes face when they seek reparation in countries other than the country where the crime was committed.

Author: Noura Erakat
Publisher: Stanford University Press
ISBN: 1503608832
Category : History
Languages : en
Pages : 405

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Book Description
“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents