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Author: Mark S. Ellis
Publisher: Cambridge Scholars Publishing
ISBN: 1443859656
Category : Law
Languages : en
Pages : 325
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Book Description
The drafters of the ICC’s founding document, the Rome Statute, foresaw what would become the main challenge to the Court’s legitimacy: that it could violate national sovereignty. To address this concern, the drafters added the principle of complementarity to the ICC’s jurisdiction, in that the Court’s province merely complements the exercise of jurisdiction by the domestic courts of the Statute’s member states. The ICC honours the authority of those states to conduct their own trials. However, if the principle of complementarity is to be applied, states must ensure that their own judicial systems and trials are consistent with international standards of independence and fairness. In addition, for complementarity to work, the ICC must be willing to actively support, embrace, and implement the principle. If the Court holds on too tightly to a self-aggrandising view of its role in promoting international justice, then it will lose all credibility in the eyes of nation states. Finally, the international community, in calling on states to address war crimes committed within their borders, must provide the financial, technical, and professional resources that many struggling states need in this endeavour. This book sets forth several innovative recommendations to fulfil these goals so as to make future domestic war crimes courts work more effectively.
Author: Mark S. Ellis
Publisher: Cambridge Scholars Publishing
ISBN: 1443859656
Category : Law
Languages : en
Pages : 325
Get Book
Book Description
The drafters of the ICC’s founding document, the Rome Statute, foresaw what would become the main challenge to the Court’s legitimacy: that it could violate national sovereignty. To address this concern, the drafters added the principle of complementarity to the ICC’s jurisdiction, in that the Court’s province merely complements the exercise of jurisdiction by the domestic courts of the Statute’s member states. The ICC honours the authority of those states to conduct their own trials. However, if the principle of complementarity is to be applied, states must ensure that their own judicial systems and trials are consistent with international standards of independence and fairness. In addition, for complementarity to work, the ICC must be willing to actively support, embrace, and implement the principle. If the Court holds on too tightly to a self-aggrandising view of its role in promoting international justice, then it will lose all credibility in the eyes of nation states. Finally, the international community, in calling on states to address war crimes committed within their borders, must provide the financial, technical, and professional resources that many struggling states need in this endeavour. This book sets forth several innovative recommendations to fulfil these goals so as to make future domestic war crimes courts work more effectively.
Author: Matthew C. Canfield
Publisher:
ISBN: 9781503613447
Category : Law
Languages : en
Pages : 280
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Book Description
An ethnographic analysis of the social movement challenging industrial food systems and re-imagining social justice within a shifting global legal landscape.
Author: Martin Ostwald
Publisher: Univ of California Press
ISBN: 0520909682
Category : History
Languages : en
Pages : 687
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Book Description
Analyzing the "democratic" features and institutions of the Athenian democracy in the fifth century B.C., Martin Ostwald traces their development from Solon's judicial reforms to the flowering of popular sovereignty, when the people assumed the right both to enact all legislation and to hold magistrates accountable for implementing what had been enacted.
Author: David E. Wilkins
Publisher: University of Texas Press
ISBN: 0292774001
Category : Social Science
Languages : en
Pages : 426
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Book Description
"Like the miner's canary, the Indian marks the shift from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith," wrote Felix S. Cohen, an early expert in Indian legal affairs. In this book, David Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. He offers compelling evidence that Supreme Court justices selectively used precedents and facts, both historical and contemporary, to arrive at decisions that have undermined tribal sovereignty, legitimated massive tribal land losses, sanctioned the diminishment of Indian religious rights, and curtailed other rights as well. These case studies—and their implications for all minority groups—make important and troubling reading at a time when the Supreme Court is at the vortex of political and moral developments that are redefining the nature of American government, transforming the relationship between the legal and political branches, and altering the very meaning of federalism.
Author: Diogo Aurelio
Publisher: Walter de Gruyter
ISBN: 3110245744
Category : Philosophy
Languages : en
Pages : 265
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Book Description
Sovereign Justice collects valuable contributions from scholars of both continental and analytic tradition, and aims to investigate into the relationship between global justice and the nation state. It deals therefore especially with the moral relevance of national boundaries and cosmopolitanism. It is organised in four sections. The first section deals with cosmopolitan approaches to global justice, with regard to which Kok-Choir Tan's article presents an overview over the current state of the art, the challenges that cosmopolitanism is currently facing, and its relationship and contrasts with other theoretical strands. Etinson's article attempts to clarify the concept of cosmopolitanism. De Angelis's contribution aims to assess the current argumentative state of the art. The second section discusses more specific normative issues. The contributions included in this section deal with global egalitarianism, the moral relevance of national boundaries, global moral and political obligation, and the relationship of national sovereignty and global justice. The third section deals with the contribution of Rawls's work to the current debate on global justice. It also contains an article that deals with the Kantian "aesthetic judgement" - a topic already developed and made famous by Hannah Arendt - and its relevance in the context of international political theory - recently pointed out by Alessandro Ferrara's increasingly influential work. Finally, section four deals with economic justice and discusses principles of economic equality in times of globalisation and Pogge's idea of a global resources dividend. The book presents both a useful assessment of the state of the art and valuable contributions to its advancement. The articles will be of great use both for scholars and for students.
Author: Dieter Grimm
Publisher: Columbia University Press
ISBN: 0231539304
Category : Philosophy
Languages : en
Pages : 186
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Book Description
Dieter Grimm's accessible introduction to the concept of sovereignty ties the evolution of the idea to historical events, from the religious conflicts of sixteenth-century Europe to today's trends in globalization and transnational institutions. Grimm wonders whether recent political changes have undermined notions of national sovereignty, comparing manifestations of the concept in different parts of the world. Geared for classroom use, the study maps various notions of sovereignty in relation to the people, the nation, the state, and the federation, distinguishing between internal and external types of sovereignty. Grimm's book will appeal to political theorists and cultural-studies scholars and to readers interested in the role of charisma, power, originality, and individuality in political rule.
Author: Arthur Larson
Publisher: Dobbs Ferry, N.Y. : Oceana
ISBN:
Category : Political Science
Languages : en
Pages : 520
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Book Description
Presentation of articles on fifteen systems of legislation (national level and Church) as a source of general principles of international law recognised by civilised nations. Includes examination of the law of France, Italy, Germany (now Germany, Federal Republic and the German Democratic Republic, Netherlands, Scandinavian countries, Latin America, Africa, Japan, China, Taiwan, China and USSR.
Author: Jorge E. Núñez
Publisher: Taylor & Francis
ISBN: 1351794795
Category : Law
Languages : en
Pages : 198
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Book Description
Many conflicts throughout the world can be characterized as sovereignty conflicts in which two states claim exclusive sovereign rights for different reasons over the same piece of land. It is increasingly clear that the available remedies have been less than successful in many of these cases, and that a peaceful and definitive solution is needed. This book proposes a fair and just way of dealing with certain sovereignty conflicts. Drawing on the work of John Rawls in A Theory of Justice, this book considers how distributive justice theories can be in tune with the concept of sovereignty and explores the possibility of a solution for sovereignty conflicts based on Rawlsian methodology. Jorge E. Núñez explores a solution of egalitarian shared sovereignty, evaluating what sorts of institutions and arrangements could, and would, best realize shared sovereignty, and how it might be applied to territory, population, government, and law.
Author: Chris Brown
Publisher: Polity Press
ISBN: 9780745623023
Category : Political Science
Languages : en
Pages : 276
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Book Description
Sovereignty, Rights and Justice surveys the relationship between international relations theory and political theory, showing the way in which these two discourses, once considered separate, are now intertwined. In the first part of the book an historical overview of the international political theory on the ?Westphalia System' is presented, with brief accounts of the law of nations, and the notion of an ?international society' as well as an examination of the international thought of the Enlightenment and of nineteenth- century industrial society. International theory in the twentieth century is then examined, leading into a consideration of some of the key issues of late-twentieth-century international relations, including the rights of political communities; the ethics of force in international relations; human rights; humanitarian intervention; global social justice and the moral relevance of borders; cultural diversity and the ?Asian values' debate. In the final chapters, the impact of globalization on all these issues is examined. This is an accessible introduction to one of the most important areas of contemporary political theory, and one based firmly on the analysis of real-world problems.
Author: Patrick Macklem
Publisher: Oxford University Press
ISBN: 0190267321
Category : Law
Languages : en
Pages : 200
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Book Description
The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.
