Norm Contestation, Sovereignty and (Ir)responsibility at the International Criminal Court PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Norm Contestation, Sovereignty and (Ir)responsibility at the International Criminal Court PDF full book. Access full book title Norm Contestation, Sovereignty and (Ir)responsibility at the International Criminal Court by Emanuela Piccolo Koskimies. Download full books in PDF and EPUB format.
Author: Emanuela Piccolo Koskimies
Publisher: Springer Nature
ISBN: 3030859347
Category : Political Science
Languages : en
Pages : 163
Get Book Here
Book Description
Grappling specifically with the norm of sovereignty as responsibility, the book seeks to advance a critical constructivist understanding of norm development in international society, as opposed to the conventional – or liberal – constructivist (mis)understanding that still dominates the debate. Against this backdrop, the book delves into the institutionalization of sovereignty as responsibility within the lived practice of the International Criminal Court (ICC). More to the point, the proposed exploration intends to revive questions about the power-laden nature of the normative fabric of international society, its dis-symmetries, and its outright hierarchies, in order to devise an original framework to operationalize research on how – institutional – practice impinges on norm development. To this end, the book resorts to an original creole vocabulary, which combines the contributions of post-positivist constructivist scholars with the legacy of key post-modernist thinkers such as Michel Foucault and Jacques Derrida, as well as critical approaches to International (Criminal) Law and Post-Colonial Studies. The book will appeal to scholars of international relations and international law, in addition to critical scholars more broadly, as well as to practitioners in the fields of human rights and international justice interested in normative theory and the implementation and contestation of international social norms.
Author: Emanuela Piccolo Koskimies
Publisher: Springer Nature
ISBN: 3030859347
Category : Political Science
Languages : en
Pages : 163
Get Book Here
Book Description
Grappling specifically with the norm of sovereignty as responsibility, the book seeks to advance a critical constructivist understanding of norm development in international society, as opposed to the conventional – or liberal – constructivist (mis)understanding that still dominates the debate. Against this backdrop, the book delves into the institutionalization of sovereignty as responsibility within the lived practice of the International Criminal Court (ICC). More to the point, the proposed exploration intends to revive questions about the power-laden nature of the normative fabric of international society, its dis-symmetries, and its outright hierarchies, in order to devise an original framework to operationalize research on how – institutional – practice impinges on norm development. To this end, the book resorts to an original creole vocabulary, which combines the contributions of post-positivist constructivist scholars with the legacy of key post-modernist thinkers such as Michel Foucault and Jacques Derrida, as well as critical approaches to International (Criminal) Law and Post-Colonial Studies. The book will appeal to scholars of international relations and international law, in addition to critical scholars more broadly, as well as to practitioners in the fields of human rights and international justice interested in normative theory and the implementation and contestation of international social norms.
Author: Lisbeth Zimmermann
Publisher: Oxford University Press
ISBN: 0198873298
Category : Political Science
Languages : en
Pages : 305
Get Book Here
Book Description
International Norm Disputes: The Link between Contestation and Norm Robustness offers a rich, comparative study of when and why contested international norms decline. It presents central findings on the link between contestation and norm robustness based on four detailed, contemporary case studies - the torture prohibition, the responsibility to protect, the moratorium on commercial whaling, and the duty to prosecute institutionalized in the International Criminal Court. It also includes two historical case studies - privateering and the transatlantic slave trade. This book provides in-depth knowledge on contestation and robustness dynamics of central international norms. Having meticulously collected relevant data and conducted extensive qualitative coding, the authors demonstrate that norms are likely to weaken when challengers contest the validity of a norm's core claims but remain robust when they contest a norm's application and contestation does not become permanent. These important findings, comparatively presented here for the first time, are crucial for understanding the much-discussed problems of the contemporary liberal international order. The insights provided establish how different types of challenges will affect global governance mechanisms and which conditions are most likely to create fundamental change.
Author: Phil Orchard
Publisher: Cambridge University Press
ISBN: 1009479164
Category : Philosophy
Languages : en
Pages : 357
Get Book Here
Book Description
Introduces an interpretation-contestation framework for comprehending the emergence, transformation, and legitimacy of international norms.
Author: Ellen L. Lutz
Publisher: Cambridge University Press
ISBN: 0521491096
Category : Biography & Autobiography
Languages : en
Pages : 349
Get Book Here
Book Description
The meteoric rise in criminal prosecutions of former heads of state is examined for the first time in this probing and engaging narrative.
Author: Angeliki Samara
Publisher: Routledge
ISBN: 1000167801
Category : Law
Languages : en
Pages : 242
Get Book Here
Book Description
This book offers a critical appraisal of the international legal idea of the ‘Responsibility to Protect’. The idea that the international community has a responsibility to protect populations at risk has become the prominent mode and structure of address in response to mass human atrocities, gross human rights violations, and large-scale loss of life. Although the "international community" of liberal international law and of legal cosmopolitanism for the most part projects a self-assured collective project, this book maintains that it transforms global ethical responsibility into a project of governance, management, and control. Pursuing this argument, and drawing on critical legal literature, critical international relations and on ideas of responsibility and ethical relationality in the work of Jacques Derrida and Judith Butler, the book develops a concept of "irresponsibility". This concept is then juxtaposed to the dominant Responsibility to Protect discourse. By exposing and acknowledging "the sites of irresponsibility" of the Responsibility to Protect, the book argues that irresponsibility itself can become the condition of ethical responsibility and the possibility of justice. This original approach to an increasingly important topic will prove invaluable to those working in international law, international relations, politics and legal theory.
Author: Aidan Hehir
Publisher: Springer
ISBN: 3319905368
Category : Political Science
Languages : en
Pages : 260
Get Book Here
Book Description
This book explains why there is a pronounced disjuncture between R2P's habitual invocation and its actual influence, and why it will not make the transformative progress its proponents claim. Rather than disputing that R2P is a norm, or declaring that norms are insignificant, Hehir engages with post-positivist constructivist accounts on the role of norms to demonstrate first, that the efficacy of a norm is not directly related to the extent to which it is proliferated or invoked, and second, that in the post-institutionalization phase, norms undergo both contestation and (potentially regressive) reinterpretation. This volume analyses the evolution of R2P, and demonstrates that it has been steadily circumscribed and co-opted, so that today it has no power to meaningfully influence the behaviour of states. It is essential reading for academic audiences in the disciplines of International Relations and International Law.
Author: Betcy Jose
Publisher: Springer
ISBN: 3319693239
Category : Political Science
Languages : en
Pages : 117
Get Book Here
Book Description
This Brief uses the theory of norm contestation as a model for understanding variation in norm-related behavior in international relations. While most typical approaches to understanding norms view norms as stable structures and actor responses to them as unquestioned, in a global political climate where departures from expected behavior may occur, a more nuanced model is needed. By using a norm contestation framework that highlights norm fluidity and actor agency, this book expands the discussion, providing insight into divergent interpretations of norm violation and compliance and the dynamic nature of norms. The first two chapters introduce the norm contestation model, explain how it contributes to the literature on norm violations, and discuss the reasons for the cases discussed. Chapters Three and Four provide detailed case studies of the mechanisms of norm contestation as they apply to the civilian immunity and non-intervention norms. Chapter Five concludes by reconnecting the norm contestation model to the case studies and describing how it can be applied to norms other than those regulating armed conflict. It also discusses policy implications and avenues for future research. As such, this book will appeal to students and researchers working broadly on issues related to international relations theory, armed conflict, security studies, humanitarianism, human rights, international law, and global governance. It will also be of interest to policy-makers and practitioners interested in influencing the normative behavior of actors in diverse arenas.
Author: Krieger
Publisher: Oxford University Press
ISBN: 0192855832
Category : Law
Languages : en
Pages : 369
Get Book Here
Book Description
International law is constantly navigating the tension between preserving the status quo and adapting to new exigencies. But when and how do such adaptation processes give way to a more profound transformation, if not a crisis of international law? To address the question of how attacks on the international legal order are changing the value orientation of international law, this book brings together scholars of international law and international relations. By combining theoretical and methodological analyses with individual case studies, this book offers readers conceptualizations and tools to systematically examine value change and explore the drivers and mechanisms of these processes. These case studies scrutinize value change in the foundational norms of the post-1945 order and in norms representing the rise of the international legal order post-1990. They cover diverse issues: the prohibition of torture, the protection of women's rights, the prohibition of the use of force, the nonproliferation of nuclear weapons, sustainability norms, and accountability for core international crimes. The challenges to each norm, the reactions by norm defenders, and the fate of each norm are also studied. Combined, the analyses show that while a few norms have remained surprisingly robust, several are changing, either in substance or in legal or social validity. The book concludes by integrating the conceptual and empirical insights from this interdisciplinary exchange to assess and explain the ambiguous nature of value change in international law beyond the extremes of mere progress or decline.
Author: Peritz Lauren
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Author: Larry May
Publisher:
ISBN: 9781108217439
Category : International criminal courts
Languages : en
Pages : 217
Get Book Here
Book Description
In the last two decades there has been a meteoric rise of international criminal tribunals and courts and also a strengthening chorus of critics against them. Today it is hard to find strong defenders of international criminal tribunals and courts. This book attempts such a defense against an array of critics. It offers a nuanced defense, accepting many criticisms but arguing that the idea of international criminal tribunals can be defended as providing the fairest way to deal with mass atrocity crimes in a global arena. Fairness and moral legitimacy will be at the heart of this defense. The authors take up the economic and political arguments that have been powerfully expressed, as well as arguments about sovereignty, punishment, responsibility, and evidence; but in the end they show that these arguments do not defeat the idea of international criminal courts and tribunals.
