The Archival Politics Of International Courts PDF Download
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Author | : Henry Alexander Redwood |
Publisher | : Cambridge University Press |
Total Pages | : 247 |
Release | : 2021-08-26 |
Genre | : Law |
ISBN | : 1108956688 |
Download The Archival Politics of International Courts Book in PDF, ePub and Kindle
The archives produced by international courts have received little empirical, theoretical or methodological attention within international criminal justice (ICJ) or international relations (IR) studies. Yet, as this book argues, these archives both contain a significant record of past violence, and also help to constitute the international community as a particular reality. As such, this book first offers an interdisciplinary reading of archives, integrating new insights from IR, archival science and post-colonial anthropology to establish the link between archives and community formation. It then focuses on the International Criminal Tribunal for Rwanda's archive, to offer a critical reading of how knowledge is produced in international courts, provides an account of the type of international community that is imagined within these archives, and establishes the importance of the materiality of archives for understanding how knowledge is produced and contested within the international domain.
Author | : Courtney Hillebrecht |
Publisher | : Cambridge University Press |
Total Pages | : 255 |
Release | : 2021-09-30 |
Genre | : Law |
ISBN | : 1009059556 |
Download Saving the International Justice Regime Book in PDF, ePub and Kindle
While resistance to international courts is not new, what is new, or at least newly conceptualized, is the politics of backlash against these institutions. Saving the International Justice Regime: Beyond Backlash against International Courts is at the forefront of this new conceptualization of backlash politics. It brings together theories, concepts and methods from the fields of international law, international relations, human rights and political science and case studies from around the globe to pose - and answer - three questions related to backlash against international courts: What is backlash and what forms does it take? Why do states and elites engage in backlash against international human rights and criminal courts? What can stakeholders and supporters of international justice do to meet these contemporary challenges?
Author | : Marlene Wind |
Publisher | : Cambridge University Press |
Total Pages | : 373 |
Release | : 2018-07-12 |
Genre | : Law |
ISBN | : 1108661971 |
Download International Courts and Domestic Politics Book in PDF, ePub and Kindle
International law in national courts, and among politicians and citizens, does not always have the desired effect at the domestic level. This volume is a genuinely interdisciplinary analysis of international law and courts, examining a wide range of courts and judicial bodies, including human rights treaty bodies, and their impact and shortcomings. By employing social science methodology combined with classical case studies, leading lawyers and political scientists move the study of courts within international law to an entirely new level. The essays question the view that legal docmatics will be enough to understand the increasingly complex world we are living in and demonstrate the potential benefits of adopting a much broader outlook drawing on empirical legal research. This volume will have great appeal to anyone interested in the effects - rather than just the processes and structures - of international law and courts.
Author | : Robert Yewdall Jennings |
Publisher | : |
Total Pages | : 17 |
Release | : 1986 |
Genre | : International law |
ISBN | : 9780859584555 |
Download International Courts and International Politics Book in PDF, ePub and Kindle
Author | : Trudy Huskamp Peterson |
Publisher | : |
Total Pages | : 20 |
Release | : 2006 |
Genre | : Court records |
ISBN | : |
Download Temporary Courts, Permanent Records Book in PDF, ePub and Kindle
Introduction -- Courts and their records -- The role of the United Nations -- Users and records of the courts -- Need for an international judicial archives -- Appraising court records -- Evidence -- Access to court records -- Conclusion -- Recommendations.
Author | : Thomas J Bodie |
Publisher | : Praeger |
Total Pages | : 0 |
Release | : 1995-02-14 |
Genre | : Law |
ISBN | : 027595014X |
Download Politics and the Emergence of an Activist International Court of Justice Book in PDF, ePub and Kindle
The extent to which law circumscribes the activities of states is an old dilemma in international law. The traditional position of the states has been that some areas of international relations are not susceptible to legal resolution. This arises from a desire to protect as much sovereignty as possible. Opposed to this is the position which suggests that there are no issues to which international law does not speak. At stake is the usefulness of international adjudication. This book addresses this political/legal dichotomy through doctrinal study and case law. The considerations of previous scholars, as well as state practice and the opinions of various international courts are all included. The author finds that although scholarly opinion and state practice incline toward a more realist position that recognizes the imperatives of state sovereignty, the International Court of Justice has never turned away a case due to the political sensitivities of the subject matter or of the disputants. The Court has quietly set a jurisprudence for the international community that is more idealistic than realistic.
Author | : Jens Boel |
Publisher | : Routledge |
Total Pages | : 288 |
Release | : 2021-02-09 |
Genre | : History |
ISBN | : 0429620144 |
Download Archives and Human Rights Book in PDF, ePub and Kindle
Why and how can records serve as evidence of human rights violations, in particular crimes against humanity, and help the fight against impunity? Archives and Human Rights shows the close relationship between archives and human rights and discusses the emergence, at the international level, of the principles of the right to truth, justice and reparation. Through a historical overview and topical case studies from different regions of the world the book discusses how records can concretely support these principles. The current examples also demonstrate how the perception of the role of the archivist has undergone a metamorphosis in recent decades, towards the idea that archivists can and must play an active role in defending basic human rights, first and foremost by enabling access to documentation on human rights violations. Confronting painful memories of the past is a way to make the ghosts disappear and begin building a brighter, more serene future. The establishment of international justice mechanisms and the creation of truth commissions are important elements of this process. The healing begins with the acknowledgment that painful chapters are essential parts of history; archives then play a crucial role by providing evidence. This book is both a tool and an inspiration to use archives in defence of human rights. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/ISBN, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Author | : Julia Viebach |
Publisher | : Routledge |
Total Pages | : 0 |
Release | : 2024 |
Genre | : Political Science |
ISBN | : 9781032197418 |
Download Beyond Evidence Book in PDF, ePub and Kindle
This edited volume provides conceptual critiques of the transitional justice paradigm and innovations in providing a new lens on archival practices in transitional justice.
Author | : Christopher Rudolph |
Publisher | : Cornell University Press |
Total Pages | : 247 |
Release | : 2017-04-18 |
Genre | : Political Science |
ISBN | : 1501708414 |
Download Power and Principle Book in PDF, ePub and Kindle
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.
Author | : Karen J. Alter |
Publisher | : Oxford University Press |
Total Pages | : 346 |
Release | : 2017-04-06 |
Genre | : Law |
ISBN | : 0191502138 |
Download Transplanting International Courts Book in PDF, ePub and Kindle
Transplanting International Courts provides a deep, systematic investigation of the most active and successful transplant of the European Court of Justice. The Andean Tribunal is effective by any plausible definition of the term, but only in the domain of intellectual property law. Alter and Helfer explain how the Andean Tribunal established its legal authority within and beyond this intellectual property island, and how Andean judges have navigated moments of both transnational political consensus and political contestation over the goals and objectives of regional economic integration. By letting member states set the pace and scope of Andean integration, by condemning unequivocal violations of Andean rules, and by allowing for the coexistence of national legislation and supranational authority, the Tribunal has retained its fidelity to Andean law while building relationships with nationally-based administrative agencies, lawyers, and judges. Yet the Tribunal's circumspect and formalist approach means that, unlike in Europe, Community law is not an engine of integration. The Tribunal's strategy has also limited its influence within the Andean legal system. Transplanting International Courts also revists the authors' path-breaking scholarship on the effectiveness of international adjudication. Alter and Helfer argue that the European Court of Justice benefitted in underappreciated ways from the support of jurist advocacy movements that are absent or poorly organized in the Andes and elsewhere in the world. The Andean Tribunal's longevity despite these and other challenges offers guidance for international courts in other developing country contexts. Moreover, given that the Andean Community has weathered member state withdrawals and threats of exit, major economic and political crises, and the retrenchment of core policies such as the common external tariff, the Andean experience offers timely and important lessons for Europe's international courts.