Author: Andrea Birdsall
Publisher: Routledge
ISBN: 1134040997
Category : Law
Languages : en
Pages : 175
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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: Andrea Birdsall
Publisher: Routledge
ISBN: 1134040989
Category : Political Science
Languages : en
Pages : 333
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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: 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
Author: Oumar Ba
Publisher: Cambridge University Press
ISBN: 1108806082
Category : Law
Languages : en
Pages : 207
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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: Paul R. Williams
Publisher: Rowman & Littlefield
ISBN: 9780742518568
Category : Law
Languages : en
Pages : 354
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Book Description
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.
Author: Shai Dothan
Publisher: Cambridge University Press
ISBN: 1108488765
Category : Law
Languages : en
Pages : 173
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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: Gary Jonathan Bass
Publisher: Princeton University Press
ISBN: 1400851718
Category : Political Science
Languages : en
Pages : 435
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Book Description
International justice has become a crucial part of the ongoing political debates about the future of shattered societies like Bosnia, Kosovo, Rwanda, Cambodia, and Chile. Why do our governments sometimes display such striking idealism in the face of war crimes and atrocities abroad, and at other times cynically abandon the pursuit of international justice altogether? Why today does justice seem so slow to come for war crimes victims in the Balkans? In this book, Gary Bass offers an unprecedented look at the politics behind international war crimes tribunals, combining analysis with investigative reporting and a broad historical perspective. The Nuremberg trials powerfully demonstrated how effective war crimes tribunals can be. But there have been many other important tribunals that have not been as successful, and which have been largely left out of today's debates about international justice. This timely book brings them in, using primary documents to examine the aftermath of the Napoleonic Wars, World War I, the Armenian genocide, World War II, and the recent wars in the former Yugoslavia. Bass explains that bringing war criminals to justice can be a military ordeal, a source of endless legal frustration, as well as a diplomatic nightmare. The book takes readers behind the scenes to see vividly how leaders like David Lloyd George, Winston Churchill, Franklin Roosevelt, and Bill Clinton have wrestled with these agonizing moral dilemmas. The book asks how law and international politics interact, and how power can be made to serve the cause of justice. Bass brings new archival research to bear on such events as the prosecution of the Armenian genocide, presenting surprising episodes that add to the historical record. His sections on the former Yugoslavia tell--with important new discoveries--the secret story of the politicking behind the prosecution of war crimes in Bosnia, drawing on interviews with senior White House officials, key diplomats, and chief prosecutors at the war crimes tribunal for the former Yugoslavia. Bass concludes that despite the obstacles, legalistic justice for war criminals is nonetheless worth pursuing. His arguments will interest anyone concerned about human rights and the pursuit of idealism in international politics.
Author: Rose McDermott
Publisher: University of Michigan Press
ISBN: 9780472087877
Category : Political Science
Languages : en
Pages : 256
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Book Description
Discusses the way leaders deal with risk in making foreign policy decisions
Author: Andrea Castagnola
Publisher: Routledge
ISBN: 1315520605
Category : Political Science
Languages : en
Pages : 191
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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: Jennifer Lind
Publisher: Cornell University Press
ISBN: 0801462274
Category : Political Science
Languages : en
Pages : 255
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Book Description
Governments increasingly offer or demand apologies for past human rights abuses, and it is widely believed that such expressions of contrition are necessary to promote reconciliation between former adversaries. The post-World War II experiences of Japan and Germany suggest that international apologies have powerful healing effects when they are offered, and poisonous effects when withheld. West Germany made extensive efforts to atone for wartime crimes-formal apologies, monuments to victims of the Nazis, and candid history textbooks; Bonn successfully reconciled with its wartime enemies. By contrast, Tokyo has made few and unsatisfying apologies and approves school textbooks that whitewash wartime atrocities. Japanese leaders worship at the Yasukuni Shrine, which honors war criminals among Japan's war dead. Relations between Japan and its neighbors remain tense. Examining the cases of South Korean relations with Japan and of French relations with Germany, Jennifer Lind demonstrates that denials of past atrocities fuel distrust and inhibit international reconciliation. In Sorry States, she argues that a country's acknowledgment of past misdeeds is essential for promoting trust and reconciliation after war. However, Lind challenges the conventional wisdom by showing that many countries have been able to reconcile without much in the way of apologies or reparations. Contrition can be highly controversial and is likely to cause a domestic backlash that alarms—rather than assuages—outside observers. Apologies and other such polarizing gestures are thus unlikely to soothe relations after conflict, Lind finds, and remembrance that is less accusatory-conducted bilaterally or in multilateral settings-holds the most promise for international reconciliation.
