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The International Politics of Judicial Intervention Creating a more just order 1st Edition By Andrea Birdsall ISBN 0415463920 9780415463928

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Author(s): Andrea Birdsall
ISBN(s): 9780415463928, 0203888480
Edition: 1
File Details: PDF, 1.33 MB
Year: 2009
Language: english
SKU: EB-1423336 Categories: , Tag:

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Product details: 

ISBN 10: 0415463920

ISBN 13: 9780415463928

Author: Andrea Birdsall

This volume considers the most recent demands for justice within the international system, examining how such aspirations often conflict with norms of state sovereignty and non-intervention. From an interdisciplinary approach that combines issues of International Relations with International Law, this book addresses issues neglected in both disciplines concerning the establishment a more just international order and its political implications. Through detailed examples drawn from key developments in international law, the author explores how new norms develop within international society, and how these norms generate both resistance and compliance from state actors. Case studies include: Pinochet and the House of Lords The Congo versus Belgium at the International Court of Justice The establishment of the ad hoc war crimes tribunal for the Former Yugoslavia The creation of the International Criminal Court and US opposition. The International Politics of Judicial Intervention will be of interest to students and scholars of International Relations, Human Rights and International Law.

Table of contents: 

1 Order and justice in international relations – a theoretical and analytical framework
The English School and concepts of order and justice
The role of international law
Principles of order
Concepts of justice
Order versus justice – along the pluralism and solidarism continuum
Forms of pluralism
Different forms of pluralism – Bull and Vincent
Forms of solidarism
Different forms of solidarism – Wheeler and Linklater
Pluralism, solidarism and international judicial interventions
Theorising the norm life cycle
Constructivism and norms
The norm life cycle and the case studies
Notes
2 The emergence of human rights and the limits of their enforcement
The emergence of international human rights and the Nuremberg precedent
Setting a precedent – the International Military Tribunal at Nuremberg
New categories of crimes
Individual accountability
Shortfalls of the IMT
International human rights laws and their limited enforcement
Agreements in international treaties and Conventions
The Universal Declaration of Human Rights and the two Covenants
Conventions and jus cogens rules
Universal jurisdiction
UN reporting mechanisms
Limitations of the UN reporting mechanisms
Unilateral enforcement during the Cold War – the Eichmann trial in Jerusalem
Conclusion
Notes
3 The Pinochet decisions in the House of Lords
Background to the case of Pinochet and the House of Lords
Questions of state doctrine and the nature of official acts – Pinochet I
The need to draw a ‘meaningful line’ – the majority opinion
Supporting sovereign immunity – the dissenting opinions
National laws and the double criminality rule – Pinochet III
‘A prime example of an official torturer’ – the majority opinion
Concerns for international order – the two dissenting opinions
Ensuing ‘international chaos’ – Lord Goff
‘An attack on the international legal Order’ – Lord Millett
Comparison of the two House of Lords decisions
Unilateral action and the problem of selectivity
Conclusion
Notes
4 The International Arrest Warrant case – the Congo v. Belgium
The case and the judgment
Claims to universal jurisdiction
The question of state immunity
The separate opinions
‘Upholding the rule of law’ – the majority opinions
‘Balancing divergent interests of international law’ – the dissenting opinions
Comparing the Pinochet case and the Arrest Warrant case – claims to universal jurisdiction
Universal jurisdiction in Belgium’s national law
Conclusion
Notes
5 The creation of the ad hoc International War Crimes Tribunal for the Former Yugoslavia
Background to the ICTY’s creation
Concerns regarding the ICTY’s creation process
Report of the UN Secretary-General
The majority opinion – solidarist justifications
Yugoslavia’s opposition – a pluralist response
Issues arising from the ICTY’s establishment
The conflict between order and justice
Ad hoc nature of the Court
Chapter VII action
Normative impact
Challenge to the ICTY’s jurisdiction – the Tadićc case
The Trial Chamber’s and the Appeals Chamber’s decisions
Creating new case law –the internal and international nature of conflicts
Silencing the accused – the ICTY as ‘show trial’?
Conclusion
Notes
6 Judicial intervention coming of age? The International Criminal Court and US opposition
Background to the ICC’s creation
Main issues arising from the negotiations
The principle of complementarity
Content – the ICC’s subject-matter jurisdiction
Consent – the treaty-based approach and the ICC’s automatic jurisdiction
The relationship to the UN and the role of the Security Council
The role of the prosecutor
US opposition to the ICC
Signing the treaty
‘Un-signing’ the treaty
Article 12 and the ICC’s jurisdiction
Great power responsibility and the Security Council veto
US actions in opposition to the ICC
UN resolutions
Additional measures to exempt US nationals
Changing US perceptions
Conclusion
Notes
Conclusion – a more ‘just’ order?
The ICC’s indirect effects
British soldiers in Iraq
The ICC’s direct actions
Security Council action in Darfur
ICC action in Uganda
The ICC and the Democratic Republic of the Congo
ICC action in the Central African Republic
Human rights and their enforcement
Notes
Bibliography
Index

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