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Author: George C. Pavlich
Publisher: Routledge
ISBN: 1134829604
Category : Social Science
Languages : en
Pages : 224
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Book Description
Suppose you have a dispute with your neighbour, and wish to secure redress for losses incurred. How might the issue be resolved? Is it worth the cost and time delay to take the issue to court? Or is there some other approach? Over the past few decades a range of alternative, dispute resolution programmes have emerged to settle conflicts informally, outside the courtroom. Drawing on real life experiences of community mediation practices in British Columbia, Canada, the author explores informal justice as an event rendered possible by the fragmentation of justice under postmodern conditions. He develops some of Foucault's ideas on governmentality to erect an analytical framework that does not view community mediation as necessarily empowering, or an inevitable expansion of state control. The analysis identifies how one might engage with current versions of community justice and yet avoid the political apathy that too often accompanies such criticism.
Author: George C. Pavlich
Publisher: Routledge
ISBN: 1134829604
Category : Social Science
Languages : en
Pages : 224
Get Book Here
Book Description
Suppose you have a dispute with your neighbour, and wish to secure redress for losses incurred. How might the issue be resolved? Is it worth the cost and time delay to take the issue to court? Or is there some other approach? Over the past few decades a range of alternative, dispute resolution programmes have emerged to settle conflicts informally, outside the courtroom. Drawing on real life experiences of community mediation practices in British Columbia, Canada, the author explores informal justice as an event rendered possible by the fragmentation of justice under postmodern conditions. He develops some of Foucault's ideas on governmentality to erect an analytical framework that does not view community mediation as necessarily empowering, or an inevitable expansion of state control. The analysis identifies how one might engage with current versions of community justice and yet avoid the political apathy that too often accompanies such criticism.
Author: Philippa Webb
Publisher:
ISBN: 019967115X
Category : Law
Languages : en
Pages : 282
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Book Description
Fragmentation is a potential problem in an international legal system that has seen the creation of new courts and tribunals around the world, with the chance for different judicial approaches to develop in different courts. This book addresses this issue by analysing judicial practice in three areas: genocide, immunities, and the use of force.
Author: Stephen M. Engel
Publisher: NYU Press
ISBN: 1479809128
Category : Law
Languages : en
Pages : 427
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Book Description
The landmark Supreme Court decision in June 2015 legalizing the right to same-sex marriage marked a major victory in gay and lesbian rights in the United States. Once subject to a patchwork of laws granting legal status to same-sex couples in some states and not others, gay and lesbian Americans now enjoy full legal status for their marriages wherever they travel or reside in the country. For many, this means that gay and lesbian citizens are one step closer to full equality with the rest of America. However, author Stephen M. Engel contends that there remains much to be done in shaping American institutions to recognize gays and lesbians as full citizens. Tracing the relationship between gay and lesbian individuals and the government from the late 19th century through the early 21st, Engel shows that LGBT Americans are more accurately described as fragmented citizens who still do not have full legal protections against workplace, housing, family, and other kinds of discrimination. There remains a continuing struggle of the state to control their sexuality. Further, he argues that it was the state's ability to identify and control gay and lesbian citizens that allowed it to develop strong administrative capacities to manage all of its citizens in matters of immigration, labor relations, and even national security. The struggle for gay and lesbian rights, then, affected not only the lives of those seeking equality but also the very nature of American governance itself. Fragmented Citizens is a sweeping historical and political account of how our present-day policy debates around citizenship and equality came to be.--Adapted from dust jacket.
Author: Mads Tønnesson Andenæs
Publisher: Cambridge University Press
ISBN: 1107082099
Category : Law
Languages : en
Pages : 605
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Book Description
Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.
Author: Philippa Webb
Publisher: OUP Oxford
ISBN: 0191650838
Category : Law
Languages : en
Pages : 282
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Book Description
Fragmentation is one of the major debates within international law, but no detailed case studies have been made to show the problems that it creates, and how they can be addressed. This book asks whether the growing number of international judicial bodies render decisions that are largely consistent with one another, which factors influence this (in)consistency, and what this tells us about the development of international law by international courts and tribunals. It answers these questions by focusing on three areas of law: genocide, immunities, and the use of force, as in each of these areas different international judicial entities have dealt with cases stemming from the same situation and set of facts. The work focuses on four main courts: the International Court of Justice (ICJ), the International Criminal Court (ICC), the International Criminal Tribunal for the Former Yugoslavia (ICTY), and the International Criminal Tribunal for Rwanda (ICTR), which often interpret, apply, and develop the same legal principles, despite their different mandates and functions. It argues that judicial fragmentation is damaging to the international legal system, as coherent and compatible pronouncements on the law by international courts are vital to retaining the confidence of the international community. Ultimately, the book makes a plea for the importance of judicial integration for the stability and reliability of the international legal system.
Author: Elena Abrusci
Publisher: Cambridge University Press
ISBN: 1009093177
Category : Political Science
Languages : en
Pages : 307
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Book Description
This book provides an innovative analysis of the complex issue of judicial convergence and fragmentation in international human rights law, moving the conversation forward from the assessment of the two phenomena and investigating their triggering factors. With a wide geographical focus that include the most up-to-date case-law from the three main regional systems (the African, European and Inter-American) and the UN Human Rights Committee, the book confirms the predominant judicial convergence across international human rights law. On this basis, the book engages with an interdisciplinary investigation into the legal and non-legal factors that could explain both convergence and fragmentation, ranging from the use of judicial dialogue and the notions of necessity and proportionality to the composition of the courts and the role of NGOs. The aim is to provide the tools to understand the dynamics between human rights adjudicatory bodies and possibly foresee future instances of judicial fragmentation.
Author: Andrzej Jakubowski
Publisher: Routledge
ISBN: 1317312287
Category : Law
Languages : en
Pages : 319
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Book Description
The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.
Author: United States. Congress. Senate. Committee on Governmental Affairs
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 276
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Book Description
Author: Nerida Chazal
Publisher: Routledge
ISBN: 1317589653
Category : Law
Languages : en
Pages : 192
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Book Description
The International Criminal Court was established in 2002 to prosecute war crimes, crimes against humanity, and genocide. At its genesis the ICC was expected to help prevent atrocities from arising or escalating by ending the impunity of leaders and administering punishment for the commission of international crimes. More than a decade later, the ICC’s ability to achieve these broad aims has been questioned, as the ICC has reached only two guilty verdicts. In addition, some of the world’s major powers, including the United States, Russia and China, are not members of the ICC. These issues underscore a gap between the ideals of prevention and deterrence and the reality of the ICC’s functioning. This book explores the gaps, schisms, and contradictions that are increasingly defining the International Criminal Court, moving beyond existing legal, international relations, and political accounts of the ICC to analyse the Court from a criminological standpoint. By exploring the way different actors engage with the ICC and viewing the Court through the framework of late modernity, the book considers how gaps between rhetoric and reality arise in the work of the ICC. Contrary to much existing research, the book examines how such gaps and tensions can be productive as they enable the Court to navigate a complex, international environment driven by geopolitics. The International Criminal Court and Global Social Control will be of interest to academics, researchers, and advanced practitioners in international law, international relations, criminology, and political science. It will also be of use in upper-level undergraduate and postgraduate courses related to international criminal justice and globalization.
Author: Larissa van den Herik
Publisher: Martinus Nijhoff Publishers
ISBN: 9004214593
Category : Law
Languages : en
Pages : 735
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Book Description
This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.
