The recent proliferation of international courts and jurisdictions raises a number of important issues ranging from the redefinition of the role of the International Court of Justice to the recent emergence of domestic courts as international jurisdictions. Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective, containing edited articles presented at the International Law Association’s Regional Conference held in Lisbon, offers a comprehensive overview of those issues and outlines challenges ahead for every branch of international law.
This book is concerned with 'how' to think about justice rather than 'what' to think about justice. Its dialectical approach to justice offers a postmodern philosophy which is universal without being absolutist. This stands as an alternative to claims of certainty about justice and to the denials of such certainty in the modern era. to the literary culture of England.
Human rights activists Roger Normand and Sarah Zaidi provide a broad political history of the emergence and development of the human rights movement in the 20th century through the crucible of the United Nations, focusing on the hopes and expectations, concrete power struggles, national rivalries, and bureaucratic politics that molded the international system of human rights law. The book emphasizes the period before and after the creation of the UN, when human rights ideas and proposals were shaped and transformed by the hard-edged realities of power politics and bureaucratic imperatives. It also analyzes the expansion of the human rights framework in response to demands for equitable development after decolonization and organized efforts by women, minorities, and other disadvantaged groups to secure international recognition of their rights.
With the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the rise to prominence of universal jurisdiction over crimes against international law seemed to be assured. The arrest of Pinochet and the ensuing proceedings before the UK courts brought universal jurisdiction into the foreground of the "fight against impunity" and the principle was read as an important complementary mechanism for international justice –one that could offer justice to victims denied an avenue by the limited jurisdiction of international criminal tribunals. Yet by the time of the International Court of Justice’s Arrest Warrant judgment four years later, the picture looked much bleaker and the principle was being read as a potential tool for politically motivated trials. This book explores the debate over universal jurisdiction in international criminal law, aiming to unpack a practice in which international lawyers continue to disagree over the concept of universal jurisdiction. Using Martti Koskenniemi’s work as a foil, this book exposes the argumentative techniques in operation in national and international adjudication since the 1990s. Drawing on overarching patterns within the debate, Aisling O’Sullivan argues that it is bounded by a tension between contrasting political preferences or positions, labelled as moralist ("ending impunity") and formalist ("avoiding abuse") and she reads the debate as a movement of hegemonic and counter-hegemonic positions that struggle for hegemonic control. However, she draws out how these positions (moralist/formalist) merge into one another and this produces a tendency towards a "middle" position that continues to prefer a particular preference (moralist or formalist). Aisling O’Sullivan then traces the transformation towards this tendency that reflects an internal split among international lawyers between building a utopia ("court of humanity") and recognizing its impossibility of being realized.
This book is about the great moral issues underlying many of the headline-making political controversies of our times. It is not a comforting book but a book about disturbing and dangerous trends. The Quest for Cosmic Justice shows how confused conceptions of justice end up promoting injustice, how confused conceptions of equality end up promoting inequality, and how the tyranny of social visions prevents many people from confronting the actual consequences of their own beliefs and policies. Those consequences include the steady and dangerous erosion of fundamental principles of freedom -- amounting to a quiet repeal of the American revolution. The Quest for Cosmic Justice is the summation of a lifetime of study and thought about where we as a society are headed -- and why we need to change course before we do irretrievable damage.
This book brings together jurisprudential debates on international criminal law, international law scholarship on the limits of state sovereignty, and applied political philosophy concerning responsibility and accountability in the context of mass political crimes and state criminality. It offers a compelling view of legal reasoning concerning accountability regimes in the Global South. No other study addresses questions of ethical dimensions of mass crimes and accountability for state criminality.
The modern era was dominated by conflicts between claims to certainty about justice and denials that certainty is warranted. The purpose of this book is to develop a postmodern alternative to both philosophies, one which is universal without being absolutist. The approach is dialectical in Plato's sense of that term. Dialectic is both necessary and sufficient for the theoretical and the practical aspects of living. The primary symbol in this book is the Athenian Socrates who spent his days in the Agora and his evenings in the houses of his friends, the active professionals of the world's first democracy. His questions were unabashedly philosophical, concerned with the most urgent matters. What is worth living for? What is worth dying for? Who is best suited to rule in the state? How should young people be educated? The nature of justice is closely connected with other questions of value, so the discussion freely moves from that central focus to related matters with the primary goal of developing a dialectical philosophy that is both applicable to life and open to all. Universal Justice is concerned with how to think about justice rather than what to think about justice.
For the first time Leibniz' political, moral, and legal thought are extensively discussed here in English. The text includes fragments of his work that have never before been translated. Riley shows that a justice based on both wisdom and love, "wise charity", has at least as much claim to be taken seriously as the familiar contractarian ideas of Hobbes and Locke. For Leibniz, nothing is more important than benevolence toward others, which he famously equates with justice and which he insists is morally crucial. Because Leibniz was the greatest Platonist of early modernity, Riley argues, his version of Platonic idealism serves as the bridge from Plato himself to the greatest modern "critical" idealist, Kant. With Leibniz' Universal Jurisprudence we now have a fuller picture of one of the greatest general thinkers of the seventeenth century.
This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.
Universal jurisdiction is becoming a potent instrument of international law, but it is poorly understood by legal experts and remains a mystery to most public officials and citizens.
