Governance Order and the International Criminal Court

Author: Steven C. Roach
Publisher: OUP Oxford
ISBN: 0191569585
Format: PDF, ePub, Mobi
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Since entering into force in July 2002, the International Criminal Court (ICC) has emerged as one of the most intriguing models of global governance. This innovative edited volume investigates the challenges facing the ICC, including the dynamics of politicized justice, US opposition, an evolving and flexible institutional design, the juridification of political evil, negative and positive global responsibility, the apparent conflict between peace and justice, and the cosmopolitanization of law. It argues that realpolitik has tested the ICC's capacity in a mostly positive manner and that the ambivalence between realpolitik and justice constitutes a novel predicament for extending global governance. The arguments of each essay are framed by a timely and original approach designed to assess the nuanced relationship between realpolitik and global justice. The approach - which interweaves four International Relations approaches, rationalism, constructivism, communicative action theory, and moral cosmopolitanism - is guided by the metaphor of the switch levers of train tracks, in which the Prosecutor and Judges serve as the pivotal agents switching the (crisscrossing) tracks of realpolitik and cosmopolitanism. With this visual aid, this volume of essays shows just how the ICC has become one of the most fascinating points of intersection between law, politics, and ethics.

The Cosmopolitanism Reader

Author: Garrett W. Brown
Publisher: Polity
ISBN: 0745648711
Format: PDF, Docs
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In response to a renewed cosmopolitan enthusiasm, this volume brings together 25 essays in the development of cosmopolitan thought by distinguished cosmopolitan thinkers and critics. It looks at classical cosmopolitanism, global justice, culture and cosmopolitanism, political cosmopolitanism and cosmopolitan global governance.

In Whose Name

Author: Armin von Bogdandy
Publisher: OUP Oxford
ISBN: 0191026956
Format: PDF, Docs
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The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.

Critical Theory and International Relations

Author: Steven C. Roach
Publisher:
ISBN: 9780415954181
Format: PDF, Mobi
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"This reader provides students, scholars, and practitioners with a comprehensive compilation of essays, articles, and book selections which bring together the traditional and essential works of Critical Theory and Critical International Relations (IR) Theory. It features the writings of Kant, Hegel, Marx, Nietzsche, Freud, Weber, Pollock, Horkheimer, Adorno, Marcuse, Habermas, Honneth, Fraser, Cox, Linklater, Ashley and Walker, Sylvester, and Devetak. In addition to a general introduction, it also includes detailed descriptions of each chapter showing the major tensions of four periods of the extension of critical theory into critical IR theory. The principle aim of the reader, then, is to provide the scholar and student with a rich and integrative narrative that tells the story of how critical theory entered into international relations theory. In this way, it seeks to deepen the reader's historical and sociological understanding of critical IR theory and to show how the global realm offers a dynamic context for further extending critical theory's emancipatory project. The last section includes texts on postmodernism and feminism, in order to address the issue of whether the discipline is in crisis, or is working toward a cohesive and reflexive framework. Steven C. Roach is Assistant Professor of Government and International Affairs at the University of South Florida. He is the author of The International Criminal Court, Ethics, and Global Justice: The Politics of Criminalizing Violence (2006) and Cultural Autonomy, Minority Rights and Globalization (2005), and his articles have appeared in numerous peer-reviewed international relations and human rights journals." http://www.loc.gov/catdir/enhancements/fy0654/2006009323-d.html.

Cosmopolitanism

Author: David Held
Publisher: John Wiley & Sons
ISBN: 0745659357
Format: PDF
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This book sets out the case for a cosmopolitan approach to contemporary global politics. It presents a systematic theory of cosmopolitanism, explicating its core principles and justifications, and examines the role many of these principles have played in the development of global politics, such as framing the human rights regime. The framework is then used to address some of the most pressing issues of our time: the crisis of financial markets, climate change and the fallout from the wars in Afghanistan and Iraq. In each case, Held argues that realistic politics is exhausted, and that cosmopolitanism is the new realism. See also Garrett Wallace Brown and David Held's The Cosmopolitanism Reader.

Critical Theory of International Politics

Author: Steven C. Roach
Publisher: Routledge
ISBN: 1135173680
Format: PDF, Docs
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Critical international theory encompasses several distinct, radical approaches that focus on identity, difference, hegemonic power, and order. As an applied theory, critical international theory draws on critical social theories to shed light on international processes and global transformations. While this approach has led to increasing interest in formulating an empirically relevant critical international theory, it has also revealed the difficulties of applying critical theory to international politics. What are these difficulties and problems? And how can we move beyond them? This book addresses these questions by investigating the intellectual currents and key debates of critical theory, from Kant and Hegel to Habermas and Derrida, and the recent work of critical international theory, including Robert Cox and Andrew Linklater. By drawing on these debates, the book formulates an original theory of complementarity that brings together critical theory and critical international theory. It argues that complementarity—a governing principle in international law and politics—offers a conceptual framework for working toward two goals: engaging the changing contexts and forms of resistance and redressing some of the difficulties of applying critical theory to international relations. In adopting three critical perspectives on complementarity to analyze the evolving social and political contexts of global justice, this book provides an essential resource for undergraduate and graduate students and scholars interested in the application of critical theory to international relations.

Power and Principle

Author: Rudolph Christopher
Publisher: Cornell University Press
ISBN: 1501708414
Format: PDF, ePub, Docs
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On August 21, 2013, chemical weapons were unleashed on the civilian population in Syria, killing another 1,400 people in a civil war that had already claimed the lives of more than 140,000. As is all too often the case, the innocent found themselves victims of a violent struggle for political power. Such events are why human rights activists have long pressed for institutions such as the International Criminal Court (ICC) to investigate and prosecute some of the world's most severe crimes: genocide, war crimes, and crimes against humanity. While proponents extol the creation of the ICC as a transformative victory for principles of international humanitarian law, critics have often characterized it as either irrelevant or dangerous in a world dominated by power politics. Christopher Rudolph argues in Power and Principle that both perspectives are extreme. In contrast to prevailing scholarship, he shows how the interplay between power politics and international humanitarian law have shaped the institutional development of international criminal courts from Nuremberg to the ICC. Rudolph identifies the factors that drove the creation of international criminal courts, explains the politics behind their institutional design, and investigates the behavior of the ICC. Through the development and empirical testing of several theoretical frameworks, Power and Principle helps us better understand the factors that resulted in the emergence of international criminal courts and helps us determine the broader implications of their presence in society.

Politicizing the International Criminal Court

Author: Steven C. Roach
Publisher: Rowman & Littlefield Publishers
ISBN: 1461641004
Format: PDF
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This innovative and systematic work on the political and ethical dimensions of the International Criminal Court (ICC) is the first comprehensive attempt to situate the politics of the ICC both theoretically and practically. Steering a new path between conventional approaches that stress the formal link between legitimacy and legal neutrality, and unconventional approaches that treat legitimacy and politics as inextricable elements of a repressive international legal order, Steven C. Roach formulates the concept of political legalism, which calls for a self-directed and engaged application of the legal rules and principles of the ICC Statute. Politicizing the International Criminal Court is a must-read for scholars, students, and policymakers interested in the dynamics of this important international institution.