Download or read book The International Politics of Judicial Intervention written by Andrea Birdsall and published by Routledge. This book was released on 2009-01-13 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Creating a More Just Order written by Andrea Birdsall and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book International Judicial Review written by Shai Dothan and published by Cambridge University Press. This book was released on 2020-03-05 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book States of Justice written by Oumar Ba and published by Cambridge University Press. This book was released on 2020-07-02 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Judicial Politics in Mexico written by Andrea Castagnola and published by Routledge. This book was released on 2016-11-03 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Foundations of International Law and Politics written by Oona Anne Hathaway and published by . This book was released on 2005 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Intervention in World Politics written by Hedley Bull and published by . This book was released on 1985 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Global Justice written by Kingsley Chiedu Moghalu and published by Bloomsbury Publishing USA. This book was released on 2006-10-30 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Peace with Justice written by Paul R. Williams and published by Rowman & Littlefield. This book was released on 2002 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this work, two former State Department lawyers provide an account of how and why justice was misapplied and mishandled throughout the peace-builders' efforts to settle the Yugoslav conflict. The text is based on their personal experience, research and interviews with key players in the process.
Download or read book Between Justice and Stability written by Dr Mladen Ostojic and published by Ashgate Publishing, Ltd.. This book was released on 2014-09-28 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the impact of the International Criminal Tribunal (ICTY) on regime change in Serbia, this book examines the relationship between international criminal justice and democratisation. It analyses in detail the repercussions of the ICTY on domestic political dynamics and provides an explanatory account of Serbia’s transition to democracy. Lack of cooperation and compliance with the ICTY was one of the biggest obstacles to Serbia’s integration into Euro-Atlantic political structures following the overthrow of Milošević. By scrutinising the attitudes of the Serbian authorities towards the ICTY and the prosecution of war crimes, Ostojić explores the complex processes set in motion by the international community’s policies of conditionality and by the prosecution of the former Serbian leadership in The Hague. Drawing on a rich collection of empirical data, he demonstrates that the success of international judicial intervention is premised upon democratic consolidation and that transitional justice policies are only ever likely to take root when they do not undermine the stability and legitimacy of political institutions on the ground.
Download or read book Justice for Some written by Noura Erakat and published by Stanford University Press. This book was released on 2019-04-23 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: “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
Download or read book Human Rights in International Relations written by David P. Forsythe and published by Cambridge University Press. This book was released on 2006-05-01 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of David Forsythe's successful textbook provides an authoritative overview of the place of human rights in international politics in an age of terrorism. The book focuses on four central themes: the resilience of human rights norms, the importance of 'soft' law, the key role of non-governmental organizations, and the changing nature of state sovereignty. Human rights standards are examined according to global, regional, and national levels of analysis with a separate chapter dedicated to transnational corporations. This second edition has been updated to reflect recent events, notably the creation of the ICC and events in Iraq and Guantanamo Bay, and new sections have been added on subjects such as the correlation between world conditions and the fate of universal human rights. Containing chapter-by-chapter guides to further reading and discussion questions, this book will be of interest to undergraduate and graduate students of human rights, and their teachers. David Forsythe received the Distinguished Scholar Award for 2007 from the Human Rights Section of the American Political Science Association.
Download or read book The International Political Sociology of Security written by Trine Villumsen Berling and published by Routledge. This book was released on 2015-02-11 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book builds a theoretical approach to the intractable problem of theory/practice in international relations (IR) and develops tools to study how theory and practice ‘hang together’ in international security. Drawing on Pierre Bourdieu’s political sociology, the book argues that theory and practice take part in struggles over basic understandings (doxa) in international fields through what the book calls doxic battles. In these battles e.g. scientific facts, military hardware and social networks are mobilised as weapons in a fight for recognition. NATO’s transformation and fight for survival and the rapidly growing number of think tanks in European security in the 1990s is taken as an example of these processes. The book studies a variety of sources such as funding to science programmes in Europe; think tanks and research centres in European security; NATO’s relations with the EU, the WEU and the OSCE; and the mobilization of theory at crucial points in the transformation process. Theory as Practice and Capital will be of interest to students and scholars of international relations, security studies and critical theory.
Download or read book Social Power in International Politics written by Peter van Ham and published by Routledge. This book was released on 2010-04-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text introduces and defines the concept of social power and examines how it works in international politics. Including perspectives from the EU, the US, Middle East and China, it features a range of case studies on culture and pop culture, media, public diplomacy and branding.
Download or read book The Dao of World Politics written by L. H. M. Ling and published by Routledge. This book was released on 2013-10-30 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book draws on Daoist yin/yang dialectics to move world politics from the current stasis of hegemony, hierarchy, and violence to a more balanced engagement with parity, fluidity, and ethics. The author theorizes that we may develop a richer, more representative approach towards sustainable and democratic governance by offering a non-Western alternative to hegemonic debates in IR. The book presents the story of world politics by integrating folk tales and popular culture with policy analysis. It does not exclude current models of liberal internationalism but rather brackets them for another day, another purpose. The deconstruction of IR as a singular unifying school of thought through the lens of a non-Westphalian analytic shows a unique perspective on the forces that drive and shape world politics. This book suggests new ways to articulate and act so that global politics is more inclusive and less coercive. Only then, the book claims, could IR realize what the dao has always stood for: a world of compassion and care. The Dao of World Politics bridges the humanities and social sciences, and will be of interest to scholars and students of the global/international, as well as policymakers and activists of the local/domestic.
Download or read book The Conduct of Inquiry in International Relations written by and published by Routledge. This book was released on with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Transforming World Politics written by Anna M. Agathangelou and published by Routledge. This book was released on 2009-06-02 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critiques neo-liberalism and provides an alternative understanding of contemporary world politics by arguing that the neo-liberal approach to international relations is deeply flawed, reproducing violence, instability, insecurity and marginalization.
