Foreign International Law

The International Politics of Judicial Intervention: by Andrea Birdsall

By Andrea Birdsall

This quantity considers the latest calls for for justice in the foreign process, interpreting how such aspirations usually clash with norms of nation sovereignty and non-intervention.

From an interdisciplinary technique that mixes problems with diplomacy with overseas legislation, this e-book addresses matters ignored in either disciplines in regards to the institution a extra simply overseas order and its political implications. via particular examples drawn from key advancements in overseas legislations, the writer explores how new norms improve inside of foreign society, and the way those norms generate either resistance and compliance from nation actors. Case stories include:

  • Pinochet and the home of Lords
  • The Congo as opposed to Belgium on the overseas courtroom of Justice
  • The institution of the advert hoc struggle crimes tribunal for the previous Yugoslavia
  • The production of the overseas felony court docket and US opposition.

The overseas Politics of Judicial Intervention can be of curiosity to scholars and students of diplomacy, Human Rights and overseas legislation.

 

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Additional info for The International Politics of Judicial Intervention: Creating a more just order

Sample text

Most of these issues can be linked back to discussions of preceding chapters, such as questions of universal jurisdiction arising from the Pinochet analysis and the global enforcement of justice through the UN’s establishment of the ICTY. The central order and justice conflict is discernible in the ICC’s negotiation processes and it is argued that a number of innovations that include pluralist as well as solidarist elements were achieved in the Court’s Statute. This suggests that a change has taken place in the international order because a large number of states agreed to limiting their sovereignty by accepting the potential for the independent Court to act in order to protect agreed and established principles of justice.

It is dependent on voluntary state co-operation, but ‘the importance of international law does not rest on the willingness of states to abide by its principles to the detriment of their interests, but in the fact that they so often judge it in their interests to conform to it’ (Bull 1995: 134). Principles of order International law contributes towards maintaining international order, which is ‘a pattern of activity that sustains the elementary or primary goals of the society of states, or international society’ (Bull 1995: 8).

The debate between pluralism and solidarism raises questions about the nature and potential of international society, the extent of shared norms, rules and institutions. 1 Pluralism–solidarism continuum. dimension exists that includes an ethical universe beyond states that is constitutive of international society (Reus-Smit 2004: 276). Forms of pluralism Pluralists argue that order is always prior to justice and that there will also be a permanent tension between the two. They focus on the rules of international society which uphold international order among states that share different conceptions of justice and see international order as being built on a limited consensus to uphold the common norms of sovereignty and non-intervention.

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