Norm Contestation, Sovereignty and (Ir)responsibility at the International Criminal Court

Norm Contestation, Sovereignty and (Ir)responsibility at the International Criminal Court
Title Norm Contestation, Sovereignty and (Ir)responsibility at the International Criminal Court PDF eBook
Author Emanuela Piccolo Koskimies
Publisher Springer Nature
Pages 163
Release 2021-10-26
Genre Political Science
ISBN 3030859347

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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.

Prosecuting Heads of State

Prosecuting Heads of State
Title Prosecuting Heads of State PDF eBook
Author Ellen L. Lutz
Publisher Cambridge University Press
Pages 349
Release 2009-03-16
Genre Biography & Autobiography
ISBN 0521491096

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The meteoric rise in criminal prosecutions of former heads of state is examined for the first time in this probing and engaging narrative.

Beyond the Responsibility to Protect in International Law

Beyond the Responsibility to Protect in International Law
Title Beyond the Responsibility to Protect in International Law PDF eBook
Author Angeliki Samara
Publisher Routledge
Pages 242
Release 2020-09-01
Genre Law
ISBN 1000167801

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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.

The International Criminal Court

The International Criminal Court
Title The International Criminal Court PDF eBook
Author Marlies Glasius
Publisher Routledge
Pages 177
Release 2006-03-29
Genre Law
ISBN 1134315678

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A universal criminal court : the emergence of an idea -- The global civil society campaign -- The victory : the independent prosecutor -- The defeat : no universal jurisdiction -- The controversy : gender and forced pregnancy -- The missed chance : banning weapons -- A global civil society achievement : why rejoice?

Tracing Value Change in the International Legal Order

Tracing Value Change in the International Legal Order
Title Tracing Value Change in the International Legal Order PDF eBook
Author Krieger
Publisher Oxford University Press
Pages 369
Release 2023-05-31
Genre Law
ISBN 0192855832

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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.

A Theory of Contestation

A Theory of Contestation
Title A Theory of Contestation PDF eBook
Author Antje Wiener
Publisher Springer
Pages 104
Release 2014-08-14
Genre Political Science
ISBN 3642552358

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The Theory of Contestation advances critical norms research in international relations. It scrutinises the uses of ‘contestation’ in international relations theories with regard to its descriptive and normative potential. To that end, critical investigations into international relations are conducted based on three thinking tools from public philosophy and the social sciences: The normativity premise, the diversity premise and cultural cosmopolitanism. The resulting theory of contestation entails four main features, namely types of norms, modes of contestation, segments of norms and the cycle of contestation. The theory distinguishes between the principle of contestedness and the practice of contestation and argues that, if contestedness is accepted as a meta-organising principle of global governance, regular access to contestation for all involved stakeholders will enhance legitimate governance in the global realm.

European Union Contested

European Union Contested
Title European Union Contested PDF eBook
Author Elisabeth Johansson-Nogués
Publisher Springer Nature
Pages 219
Release 2019-11-01
Genre Political Science
ISBN 3030332381

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The European Union's foreign policy and its international role are increasingly being contested both globally and at home. At the global level, a growing number of states are now challenging the Western-led liberal order defended by the EU. Large as well as smaller states are vying for more leeway to act out their own communitarian principles on and approaches to sovereignty, security and economic development. At the European level, a similar battle has begun over principles, values and institutions. The most vocal critics have been anti-globalization movements, developmental NGOs, and populist political parties at both extremes of the left-right political spectrum. This book, based on ten case studies, explores some of the most important current challenges to EU foreign policy norms, whether at the global, glocal or intra-EU level. The case studies cover contestation of the EU's fundamental norms, organizing principles and standardized procedures in relation to the abolition of the death penalty, climate, Responsibility to Protect, peacebuilding, natural resource governance, the International Criminal Court, lethal autonomous weapons systems, trade, the security-development nexus and the use of consensus on foreign policy matters in the European Parliament. The book also theorizes the current norm contestation in terms of the extent to, and conditions under which, the EU foreign policy is being put to the test.