Jason Ralph
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199214310
- eISBN:
- 9780191706615
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199214310.001.0001
- Subject:
- Political Science, International Relations and Politics
This book is among the first to address the issues raised by the International Criminal Court from an International Relations perspective. By clearly outlining a theoretical framework to interpret ...
More
This book is among the first to address the issues raised by the International Criminal Court from an International Relations perspective. By clearly outlining a theoretical framework to interpret these issues, it makes a significant contribution to the English School's study of international society. More specifically, it offers a concise definition of ‘world society’ and thus helps to resolve a longstanding problem in international theory. This groundbreaking conceptual work is supported by an indepth empirical analysis of American opposition to the ICC. The book goes beyond the familiar arguments related to national interests and argues that the Court has exposed the extent to which American notions of accountability are tied to the nation‐state. Where other democracies are willing to renegotiate their social contract because they see themselves as part of world society, the US protects its particular contract with ‘the American people’ because it offers a means of distinguishing that nation and its democracy from the rest of the world. In opposing the ICC, therefore, the US seeks to defend a society of states because this kind of society can accommodate American exceptionalism and advance particular US interests. This ‘sovereigntist’, or more accurately ‘Americanist’, influence is further illustrated in chapters on the customary international law, universal jurisdiction, transatlantic relations and US policy on international humanitarian law in the war on terror. The book concludes by evoking E.H. Carr's criticism of those great powers who claim that a harmony exists between their particular interests and those of wider society. It also recalls his argument that great powers sometimes need to compromise and in this context it argues that support for the ICC is a more effective means of fulfilling America's purpose and a less costly sacrifice for the US to make than that demanded by the ‘Americanist’ policy of nation‐building.Less
This book is among the first to address the issues raised by the International Criminal Court from an International Relations perspective. By clearly outlining a theoretical framework to interpret these issues, it makes a significant contribution to the English School's study of international society. More specifically, it offers a concise definition of ‘world society’ and thus helps to resolve a longstanding problem in international theory. This groundbreaking conceptual work is supported by an indepth empirical analysis of American opposition to the ICC. The book goes beyond the familiar arguments related to national interests and argues that the Court has exposed the extent to which American notions of accountability are tied to the nation‐state. Where other democracies are willing to renegotiate their social contract because they see themselves as part of world society, the US protects its particular contract with ‘the American people’ because it offers a means of distinguishing that nation and its democracy from the rest of the world. In opposing the ICC, therefore, the US seeks to defend a society of states because this kind of society can accommodate American exceptionalism and advance particular US interests. This ‘sovereigntist’, or more accurately ‘Americanist’, influence is further illustrated in chapters on the customary international law, universal jurisdiction, transatlantic relations and US policy on international humanitarian law in the war on terror. The book concludes by evoking E.H. Carr's criticism of those great powers who claim that a harmony exists between their particular interests and those of wider society. It also recalls his argument that great powers sometimes need to compromise and in this context it argues that support for the ICC is a more effective means of fulfilling America's purpose and a less costly sacrifice for the US to make than that demanded by the ‘Americanist’ policy of nation‐building.
Alicia Hinarejos
- Published in print:
- 2009
- Published Online:
- May 2010
- ISBN:
- 9780199569960
- eISBN:
- 9780191721977
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199569960.001.0001
- Subject:
- Law, EU Law
The EU's activity under its intergovernmental pillars — The Common Foreign and Security Policy and Justice and Home Affairs — has traditionally been beyond the scope of judicial control offered by ...
More
The EU's activity under its intergovernmental pillars — The Common Foreign and Security Policy and Justice and Home Affairs — has traditionally been beyond the scope of judicial control offered by the central EC legal system. The increasing importance of this activity, and its growing intrusion into the lives of individuals, has led to a sense that the level of judicial oversight and protection is insufficient and that the constitutional balance of the Union stands in urgent need of reform. While the need for reform is widely recognised, wholesale constitutional change has been stalled by the failure to ratify the Constitutional Treaty and the delay in ratifying the Treaty of Lisbon. This book charts the attempts to develop more satisfactory judicial control over the intergovernmental pillars in the face of such constitutional inertia. It examines the leading role played by the European Court of Justice in reforming its own jurisdiction, and analyses the ECJ's development as a constitutional court in comparison with more established constitutional adjudicators. Throughout the book the current constitutional position is compared extensively to the reforms introduced by the Treaty of Lisbon, offering a timely snapshot of the EU's federal structure in a state of flux.Less
The EU's activity under its intergovernmental pillars — The Common Foreign and Security Policy and Justice and Home Affairs — has traditionally been beyond the scope of judicial control offered by the central EC legal system. The increasing importance of this activity, and its growing intrusion into the lives of individuals, has led to a sense that the level of judicial oversight and protection is insufficient and that the constitutional balance of the Union stands in urgent need of reform. While the need for reform is widely recognised, wholesale constitutional change has been stalled by the failure to ratify the Constitutional Treaty and the delay in ratifying the Treaty of Lisbon. This book charts the attempts to develop more satisfactory judicial control over the intergovernmental pillars in the face of such constitutional inertia. It examines the leading role played by the European Court of Justice in reforming its own jurisdiction, and analyses the ECJ's development as a constitutional court in comparison with more established constitutional adjudicators. Throughout the book the current constitutional position is compared extensively to the reforms introduced by the Treaty of Lisbon, offering a timely snapshot of the EU's federal structure in a state of flux.
Erich Vranes
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199562787
- eISBN:
- 9780191705366
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562787.001.0001
- Subject:
- Law, Public International Law, EU Law
This book deals with a central topic in general international law, WTO law, and international environmental law, namely the relevance of the WTO legal system for environmental protection. The ...
More
This book deals with a central topic in general international law, WTO law, and international environmental law, namely the relevance of the WTO legal system for environmental protection. The relationship between WTO law and international and domestic efforts to protect the environment has moved to centre stage in WTO and international environmental law. It has also spurred the discussion on fragmentation in international law in recent years. This book analyses these issues by examining the ‘horizontal’ interaction between WTO law and ‘other’ international law, the ‘vertical’ relationship between WTO law and domestic law, and the contents of and interrelations between fundamental provisions of WTO law. This study relies on established insights from legal theory in order to achieve greater clarity in legal argumentation. The main results of this analysis are applied to two topical instances of international regime interplay, namely the relevance of WTO law for international and domestic measures protecting the earth's climate and the ozone layer. A series of controversial topics in WTO and general international law are addressed in this book such as the notion of conflicts of norms and the resolution of conflicts of norms; the role of international law in WTO proceedings; extraterritorial jurisdiction and unilateral trade measures; proportionality and balancing of interests in international and WTO law; the core disciplines of the GATT and the TBT Agreement; process and production-based measures (PPMs) in WTO law; and climate protection, protection of the ozone layer, and WTO disciplines. Less
This book deals with a central topic in general international law, WTO law, and international environmental law, namely the relevance of the WTO legal system for environmental protection. The relationship between WTO law and international and domestic efforts to protect the environment has moved to centre stage in WTO and international environmental law. It has also spurred the discussion on fragmentation in international law in recent years. This book analyses these issues by examining the ‘horizontal’ interaction between WTO law and ‘other’ international law, the ‘vertical’ relationship between WTO law and domestic law, and the contents of and interrelations between fundamental provisions of WTO law. This study relies on established insights from legal theory in order to achieve greater clarity in legal argumentation. The main results of this analysis are applied to two topical instances of international regime interplay, namely the relevance of WTO law for international and domestic measures protecting the earth's climate and the ozone layer. A series of controversial topics in WTO and general international law are addressed in this book such as the notion of conflicts of norms and the resolution of conflicts of norms; the role of international law in WTO proceedings; extraterritorial jurisdiction and unilateral trade measures; proportionality and balancing of interests in international and WTO law; the core disciplines of the GATT and the TBT Agreement; process and production-based measures (PPMs) in WTO law; and climate protection, protection of the ozone layer, and WTO disciplines.
Jann K. Kleffner
- Published in print:
- 2008
- Published Online:
- May 2009
- ISBN:
- 9780199238453
- eISBN:
- 9780191716744
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199238453.001.0001
- Subject:
- Law, Public International Law
The book examines the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against ...
More
The book examines the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against humanity, and war crimes on the domestic level. The book is set against the general background of the national suppression of these crimes, its potential and pitfalls. It traces the evolution of complementarity as a principle governing the allocation of the respective competences of the ICC and national criminal jurisdictions, and its translation into one of the central requirements for the admissibility of situations and cases before the ICC. It provides a critical and comprehensive analysis of the provisions in the Rome Statute and the Rules of Procedure and Evidence relevant to complementarity. In so doing, it addresses the notions of ‘unwillingness’ and ‘inability’, and the procedural framework for the application, invocation, and litigation of questions of admissibility. The early practice of the ICC in operationalizing complementarity is also considered. The book further devotes attention to the question whether and to what extent the Rome Statute in general, and the regulation of complementarity in particular, imposes on States Parties an obligation to investigate and prosecute core crimes domestically. In that context, it analyses the room for States to opt for substitutes of criminal proceedings, such as truth commission processes and the granting of amnesties. Finally, the book examines the potential of the complementary regime to function as a catalyst for States to conduct domestic criminal proceedings vis-à-vis core crimes.Less
The book examines the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against humanity, and war crimes on the domestic level. The book is set against the general background of the national suppression of these crimes, its potential and pitfalls. It traces the evolution of complementarity as a principle governing the allocation of the respective competences of the ICC and national criminal jurisdictions, and its translation into one of the central requirements for the admissibility of situations and cases before the ICC. It provides a critical and comprehensive analysis of the provisions in the Rome Statute and the Rules of Procedure and Evidence relevant to complementarity. In so doing, it addresses the notions of ‘unwillingness’ and ‘inability’, and the procedural framework for the application, invocation, and litigation of questions of admissibility. The early practice of the ICC in operationalizing complementarity is also considered. The book further devotes attention to the question whether and to what extent the Rome Statute in general, and the regulation of complementarity in particular, imposes on States Parties an obligation to investigate and prosecute core crimes domestically. In that context, it analyses the room for States to opt for substitutes of criminal proceedings, such as truth commission processes and the granting of amnesties. Finally, the book examines the potential of the complementary regime to function as a catalyst for States to conduct domestic criminal proceedings vis-à-vis core crimes.
Erich Vranes
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199562787
- eISBN:
- 9780191705366
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562787.003.0001
- Subject:
- Law, Public International Law, EU Law
This introductory chapter provides an overview of the main questions examined in this book. It argues that there are three sets of questions which demarcate the so-called ‘trade and environment’ ...
More
This introductory chapter provides an overview of the main questions examined in this book. It argues that there are three sets of questions which demarcate the so-called ‘trade and environment’ nexus: The first set of questions concerns the relationship between WTO law, multilateral environmental agreements, and non-WTO law more generally. This brings into play the issue of conflict of norms, the legal status of the lex specialis principle and similar legal maxims, and the concepts jurisdiction and applicable law in WTO dispute settlement. A second set of questions is related to the disputed concepts of extraterritorial jurisdiction and unilateral state action. A third group of issues concerns the scope and contents of relevant WTO disciplines. In this respect, this book examines the basic principles governing the General Agreement on Tariffs and Trade (GATT) and the Agreement on Technical Barriers to Trade (TBT Agreement).Less
This introductory chapter provides an overview of the main questions examined in this book. It argues that there are three sets of questions which demarcate the so-called ‘trade and environment’ nexus: The first set of questions concerns the relationship between WTO law, multilateral environmental agreements, and non-WTO law more generally. This brings into play the issue of conflict of norms, the legal status of the lex specialis principle and similar legal maxims, and the concepts jurisdiction and applicable law in WTO dispute settlement. A second set of questions is related to the disputed concepts of extraterritorial jurisdiction and unilateral state action. A third group of issues concerns the scope and contents of relevant WTO disciplines. In this respect, this book examines the basic principles governing the General Agreement on Tariffs and Trade (GATT) and the Agreement on Technical Barriers to Trade (TBT Agreement).
Yuval Shany
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199211791
- eISBN:
- 9780191706035
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199211791.001.0001
- Subject:
- Law, Public International Law
The book seeks to investigate the growing jurisdictional interaction between national and international courts — i.e., their parallel involvement in the same or related disputes — in the light of ...
More
The book seeks to investigate the growing jurisdictional interaction between national and international courts — i.e., their parallel involvement in the same or related disputes — in the light of competing theoretical, ideological, and methodological discourses on the nature of the relationship and the means to regulate it. In particular, it aims to explore what, if any, rules of international law could, or perhaps should govern such interactions, and regulate forum selection or multiple proceedings involving national and international courts. In addition, the book explores the standards of review employed by international courts vis-à-vis the decisions of their domestic counterparts and vice versa. It posits that the regulation of such interactions ultimately depends on the selection of the overarching paradigm that governs the relations between national and international courts (hierarchical/non-hierarchical and disintegrative or integrative). Following academic discussion of the problems and solutions pertaining to the interaction between national and international courts, the book considers the potential applicability of several jurisdiction-regulating measures to jurisdictional interactions between national and international courts. These include rules on forum selection and on rules designed to regulate multiple proceedings (e.g., lis alibi pendens and res judicata), utilization of comity based measures and doctrines, such as discretionary stay or dismissal of proceedings and margin of appreciation judicial review, and examination of the prohibition against abuse of rights. This segment of the book strives to provide lawyers and academics with a ‘tool kit’ of measures which could be employed in cases involving jurisdictional interactions between national and international courts.Less
The book seeks to investigate the growing jurisdictional interaction between national and international courts — i.e., their parallel involvement in the same or related disputes — in the light of competing theoretical, ideological, and methodological discourses on the nature of the relationship and the means to regulate it. In particular, it aims to explore what, if any, rules of international law could, or perhaps should govern such interactions, and regulate forum selection or multiple proceedings involving national and international courts. In addition, the book explores the standards of review employed by international courts vis-à-vis the decisions of their domestic counterparts and vice versa. It posits that the regulation of such interactions ultimately depends on the selection of the overarching paradigm that governs the relations between national and international courts (hierarchical/non-hierarchical and disintegrative or integrative). Following academic discussion of the problems and solutions pertaining to the interaction between national and international courts, the book considers the potential applicability of several jurisdiction-regulating measures to jurisdictional interactions between national and international courts. These include rules on forum selection and on rules designed to regulate multiple proceedings (e.g., lis alibi pendens and res judicata), utilization of comity based measures and doctrines, such as discretionary stay or dismissal of proceedings and margin of appreciation judicial review, and examination of the prohibition against abuse of rights. This segment of the book strives to provide lawyers and academics with a ‘tool kit’ of measures which could be employed in cases involving jurisdictional interactions between national and international courts.
Jason Ralph
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199214310
- eISBN:
- 9780191706615
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199214310.003.0003
- Subject:
- Political Science, International Relations and Politics
This chapter follows on from the previous by exploring how the pluralist – solidarist distinction at the heart of English School inquiry manifests itself in the question of whether states have a ...
More
This chapter follows on from the previous by exploring how the pluralist – solidarist distinction at the heart of English School inquiry manifests itself in the question of whether states have a right and duty to extradite or prosecute individuals charged with crimes that offend humanity. By focusing on the Pinochet case before the House of Lords and the Arrest Warrant or Yerodia case before the International Court of Justice it demonstrates how the pluralist concern for order within and between states has restrained the solidarist enthusiasm for universal jurisdiction. The chapter includes a section on the politics of international criminal justice. This advances the argument that the US prefers to limit the decision to prosecute to states because its position of relative power means that it can more or less guarantee its interests and protect its personnel from international criminal accountability. This is illustrated by focusing on the US response to Belgian legislation that enabled its national courts to exercise universal jurisdiction.Less
This chapter follows on from the previous by exploring how the pluralist – solidarist distinction at the heart of English School inquiry manifests itself in the question of whether states have a right and duty to extradite or prosecute individuals charged with crimes that offend humanity. By focusing on the Pinochet case before the House of Lords and the Arrest Warrant or Yerodia case before the International Court of Justice it demonstrates how the pluralist concern for order within and between states has restrained the solidarist enthusiasm for universal jurisdiction. The chapter includes a section on the politics of international criminal justice. This advances the argument that the US prefers to limit the decision to prosecute to states because its position of relative power means that it can more or less guarantee its interests and protect its personnel from international criminal accountability. This is illustrated by focusing on the US response to Belgian legislation that enabled its national courts to exercise universal jurisdiction.
Lisa L. Miller
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195331684
- eISBN:
- 9780199867967
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195331684.003.0002
- Subject:
- Political Science, American Politics
The nationalization of crime policy issues is a relatively new phenomenon in American history, but has foundations that extend back to the Civil War. This chapter develops a political history of ...
More
The nationalization of crime policy issues is a relatively new phenomenon in American history, but has foundations that extend back to the Civil War. This chapter develops a political history of crime's place on the national agenda that lays the groundwork for understanding the appeal of crime as a national political issue and the transformation of the interest group environment from local to national arenas. The chapter highlights the shifting jurisdictional terrain between state and national governments in the 19th and 20th centuries and the opportunities these shifts provided for expanding national attention to crime and violence. In particular, the chapter focuses on the historic use of the crime issue as a symbolic political lever that served to bolster narrow interest groups, policy entrepreneurs, racial hierarchies, and federal law enforcement bureaucracies, simplifying problem definitions and narrowing policy options in the process.Less
The nationalization of crime policy issues is a relatively new phenomenon in American history, but has foundations that extend back to the Civil War. This chapter develops a political history of crime's place on the national agenda that lays the groundwork for understanding the appeal of crime as a national political issue and the transformation of the interest group environment from local to national arenas. The chapter highlights the shifting jurisdictional terrain between state and national governments in the 19th and 20th centuries and the opportunities these shifts provided for expanding national attention to crime and violence. In particular, the chapter focuses on the historic use of the crime issue as a symbolic political lever that served to bolster narrow interest groups, policy entrepreneurs, racial hierarchies, and federal law enforcement bureaucracies, simplifying problem definitions and narrowing policy options in the process.
Nicholas J. Wheeler
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0003
- Subject:
- Political Science, International Relations and Politics
Argues that we are witnessing the development of a new norm of military intervention for humanitarian purposes in contemporary international society. Since the end of the Cold War, the United Nations ...
More
Argues that we are witnessing the development of a new norm of military intervention for humanitarian purposes in contemporary international society. Since the end of the Cold War, the United Nations Security Council has been more active in the realm of intervention, extending its Chapter VII powers into matters that had previously belonged to the domestic jurisdiction of states. Without the material power of Western states, this activism would not have been possible. However, a purely materialist explanation for this development fails to consider the changed normative context within Western states that permitted, and in some cases encouraged, intervention. While normative evolution has occurred, it is also limited in its scope, specifically over the question of whether military intervention must have Security Council authorization.Less
Argues that we are witnessing the development of a new norm of military intervention for humanitarian purposes in contemporary international society. Since the end of the Cold War, the United Nations Security Council has been more active in the realm of intervention, extending its Chapter VII powers into matters that had previously belonged to the domestic jurisdiction of states. Without the material power of Western states, this activism would not have been possible. However, a purely materialist explanation for this development fails to consider the changed normative context within Western states that permitted, and in some cases encouraged, intervention. While normative evolution has occurred, it is also limited in its scope, specifically over the question of whether military intervention must have Security Council authorization.
Andrew Kuper
- Published in print:
- 2004
- Published Online:
- November 2004
- ISBN:
- 9780199274901
- eISBN:
- 9780191601552
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199274908.003.0005
- Subject:
- Political Science, International Relations and Politics
How can the theory of Responsive Democracy guide and be implemented in political practice? This chapter proposes significant reforms to: (1) the jurisdiction of the International Criminal Court; (2) ...
More
How can the theory of Responsive Democracy guide and be implemented in political practice? This chapter proposes significant reforms to: (1) the jurisdiction of the International Criminal Court; (2) the jurisdiction of the International Court of Justice; (3) membership in, and decision procedures of, the UN General Assembly and Security Council; and (4) structures and methods of corruption control by Transparency International. Along the way, the chapter refutes those arguments about funding and sovereignty that hamper the establishment of stronger World Courts; it develops nine criteria for including non-state actors in institutions of global governance; it suggests new ideas for holding corporations and nongovernmental organizations accountable; and it explores how short-term and long-term obstacles to reform can be overcome.Less
How can the theory of Responsive Democracy guide and be implemented in political practice? This chapter proposes significant reforms to: (1) the jurisdiction of the International Criminal Court; (2) the jurisdiction of the International Court of Justice; (3) membership in, and decision procedures of, the UN General Assembly and Security Council; and (4) structures and methods of corruption control by Transparency International. Along the way, the chapter refutes those arguments about funding and sovereignty that hamper the establishment of stronger World Courts; it develops nine criteria for including non-state actors in institutions of global governance; it suggests new ideas for holding corporations and nongovernmental organizations accountable; and it explores how short-term and long-term obstacles to reform can be overcome.
GARY MARKS and LIESBET HOOGHE
- Published in print:
- 2004
- Published Online:
- April 2004
- ISBN:
- 9780199259250
- eISBN:
- 9780191600968
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199259259.003.0002
- Subject:
- Political Science, Comparative Politics
Liesbet Hooghe and Gary Marks distinguish between contrasting visions from various literatures, which they label Type I and Type II multi‐level governance. Type I multi‐level governance echoes ...
More
Liesbet Hooghe and Gary Marks distinguish between contrasting visions from various literatures, which they label Type I and Type II multi‐level governance. Type I multi‐level governance echoes federalist thought, conceiving the dispersion of authority as being limited to a ‘limited number of non‐overlapping jurisdictional boundaries at a limited number of levels’. In this view, authority is relatively stable and analysis is focused on individual governments rather than specific policies. Type II multi‐level governance provides a vision of governance that is ‘a complex, fluid, patchwork of innumerable, overlapping jurisdictions’. Here, jurisdictions are often overlapping and tend to be flexible as demands for governance change.Less
Liesbet Hooghe and Gary Marks distinguish between contrasting visions from various literatures, which they label Type I and Type II multi‐level governance. Type I multi‐level governance echoes federalist thought, conceiving the dispersion of authority as being limited to a ‘limited number of non‐overlapping jurisdictional boundaries at a limited number of levels’. In this view, authority is relatively stable and analysis is focused on individual governments rather than specific policies. Type II multi‐level governance provides a vision of governance that is ‘a complex, fluid, patchwork of innumerable, overlapping jurisdictions’. Here, jurisdictions are often overlapping and tend to be flexible as demands for governance change.
Yuval Shany
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199211791
- eISBN:
- 9780191706035
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199211791.003.0008
- Subject:
- Law, Public International Law
This concluding chapter presents the main thesis expounded in the book, i.e., that the increased interaction between national and international laws and institutions warrants the rethinking of ...
More
This concluding chapter presents the main thesis expounded in the book, i.e., that the increased interaction between national and international laws and institutions warrants the rethinking of traditional notions concerning the jurisdictional relations between national and international courts. Specifically, it argues that judges in national and international courts are faced with a number of policy choices relating to jurisdiction-regulation: e.g., how to conceptualize the jurisdictional relations between national and international courts, how to ascertain similarity in the proceedings, and whether to aspire for an integrative or disintegrative approach in dispute settlements. Unlike specific jurisdiction-regulating norms, whose application to national and international proceedings is mired up in doctrinal uncertainty and may be too rigid in nature, broad principles, such as judicial comity and abuse of right, appear to offer a suitable legal framework within which the aforementioned policy considerations can be applied.Less
This concluding chapter presents the main thesis expounded in the book, i.e., that the increased interaction between national and international laws and institutions warrants the rethinking of traditional notions concerning the jurisdictional relations between national and international courts. Specifically, it argues that judges in national and international courts are faced with a number of policy choices relating to jurisdiction-regulation: e.g., how to conceptualize the jurisdictional relations between national and international courts, how to ascertain similarity in the proceedings, and whether to aspire for an integrative or disintegrative approach in dispute settlements. Unlike specific jurisdiction-regulating norms, whose application to national and international proceedings is mired up in doctrinal uncertainty and may be too rigid in nature, broad principles, such as judicial comity and abuse of right, appear to offer a suitable legal framework within which the aforementioned policy considerations can be applied.
Terry MacDonald
- Published in print:
- 2008
- Published Online:
- September 2008
- ISBN:
- 9780199235001
- eISBN:
- 9780191715822
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199235001.003.0005
- Subject:
- Political Science, Political Theory, International Relations and Politics
This chapter elaborates and illustrates the theoretical account — sketched initially in Chapter One — of how the agents of democratic control should be identified in global politics. It develops the ...
More
This chapter elaborates and illustrates the theoretical account — sketched initially in Chapter One — of how the agents of democratic control should be identified in global politics. It develops the argument that we should accord democratic agency (that is, entitlement to exercise control over public power) to the members of ‘stakeholder’ communities, comprised of all those individual stakeholders whose autonomous capacities are constrained by the exercise of public power. The analysis here begins by elaborating the concept of a jurisdictional stakeholder community, and explaining how the conception of democratic community underpinning it differs from the ideals associated with the ‘closed’ societal model of democracy. Discussion then turns to the question of how this stakeholder model can in practice be instituted, and addresses some issues and dilemmas that commonly arise for practitioners who invoke the idea of stakeholder communities in their attempts to democratize the activities of NGOs.Less
This chapter elaborates and illustrates the theoretical account — sketched initially in Chapter One — of how the agents of democratic control should be identified in global politics. It develops the argument that we should accord democratic agency (that is, entitlement to exercise control over public power) to the members of ‘stakeholder’ communities, comprised of all those individual stakeholders whose autonomous capacities are constrained by the exercise of public power. The analysis here begins by elaborating the concept of a jurisdictional stakeholder community, and explaining how the conception of democratic community underpinning it differs from the ideals associated with the ‘closed’ societal model of democracy. Discussion then turns to the question of how this stakeholder model can in practice be instituted, and addresses some issues and dilemmas that commonly arise for practitioners who invoke the idea of stakeholder communities in their attempts to democratize the activities of NGOs.
Adrian Guelke
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199244348
- eISBN:
- 9780191599866
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199244340.003.0010
- Subject:
- Political Science, UK Politics
Compares Northern Ireland with Cyprus, Puerto Rico, Corsica, East Timor, and Sri Lanka. Guelke argues that the fact that Northern Ireland is a partitioned part of an island helps explain why the ...
More
Compares Northern Ireland with Cyprus, Puerto Rico, Corsica, East Timor, and Sri Lanka. Guelke argues that the fact that Northern Ireland is a partitioned part of an island helps explain why the international community tends to favour a united Ireland. This is because there is an international norm that islands, as natural units, should be under one jurisdiction. International support for the Agreement can be explained, according to Guelke, by its inclusion of all‐island political institutions. Any attempt to weaken these will result in reduced international support.Less
Compares Northern Ireland with Cyprus, Puerto Rico, Corsica, East Timor, and Sri Lanka. Guelke argues that the fact that Northern Ireland is a partitioned part of an island helps explain why the international community tends to favour a united Ireland. This is because there is an international norm that islands, as natural units, should be under one jurisdiction. International support for the Agreement can be explained, according to Guelke, by its inclusion of all‐island political institutions. Any attempt to weaken these will result in reduced international support.
Will Kymlicka
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199240982
- eISBN:
- 9780191599729
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199240981.003.0014
- Subject:
- Political Science, Political Theory
This chapter focuses on the paradox in the Quebec-Canada relationship. Quebec nationalists have become increasingly preoccupied with maintaining their provincial jurisdiction despite the fact that ...
More
This chapter focuses on the paradox in the Quebec-Canada relationship. Quebec nationalists have become increasingly preoccupied with maintaining their provincial jurisdiction despite the fact that they share the same basic values as other Canadians. The vast majority of Canadians have no desire to ‘get’ or insult Quebecers. This paradox is explored by the essays in Carens’ book, which are described in detail.Less
This chapter focuses on the paradox in the Quebec-Canada relationship. Quebec nationalists have become increasingly preoccupied with maintaining their provincial jurisdiction despite the fact that they share the same basic values as other Canadians. The vast majority of Canadians have no desire to ‘get’ or insult Quebecers. This paradox is explored by the essays in Carens’ book, which are described in detail.
Randy E. Barnett
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198297291
- eISBN:
- 9780191598777
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297297.003.0003
- Subject:
- Political Science, Political Theory
Personal and local knowledge can be harnessed by either centralized or decentralized decision‐making processes. Centralized decision‐making works insofar as the decision maker has access to the ...
More
Personal and local knowledge can be harnessed by either centralized or decentralized decision‐making processes. Centralized decision‐making works insofar as the decision maker has access to the relevant personal and local knowledge. Since such access is limited, such decision‐making must be limited as well. Decentralizing jurisdiction to individuals and associations who have access to the relevant knowledge permits them to act on the basis of their personal and local knowledge. Requiring that transfers of jurisdiction be consensual, it addresses the ability of individuals and associations to incorporate into their decisions, the personal and local knowledge of others by making possible a meaningful system of resource prices.Less
Personal and local knowledge can be harnessed by either centralized or decentralized decision‐making processes. Centralized decision‐making works insofar as the decision maker has access to the relevant personal and local knowledge. Since such access is limited, such decision‐making must be limited as well. Decentralizing jurisdiction to individuals and associations who have access to the relevant knowledge permits them to act on the basis of their personal and local knowledge. Requiring that transfers of jurisdiction be consensual, it addresses the ability of individuals and associations to incorporate into their decisions, the personal and local knowledge of others by making possible a meaningful system of resource prices.
Rachel Kerr
- Published in print:
- 2004
- Published Online:
- August 2004
- ISBN:
- 9780199263059
- eISBN:
- 9780191601422
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199263051.003.0004
- Subject:
- Political Science, International Relations and Politics
The political mandate of the International Criminal Tribunal for the Former Yugoslavia impacted jurisdiction in three ways. It influenced the drafting of the Statute of the Tribunal in such a way ...
More
The political mandate of the International Criminal Tribunal for the Former Yugoslavia impacted jurisdiction in three ways. It influenced the drafting of the Statute of the Tribunal in such a way that it became a very conservative document, due to a perceived need to ensure that the law applied by the Tribunal had a sound legal basis. It defined the territorial and temporal jurisdiction of the Tribunal in as much as it was tied to the situation that was deemed a threat to international peace and security. Finally, it impacted the interpretation of jurisdiction by the court because prosecutors and judges tended to view decisions handed down by the court as relevant not only to the case at hand, but to the development of international humanitarian law.Less
The political mandate of the International Criminal Tribunal for the Former Yugoslavia impacted jurisdiction in three ways. It influenced the drafting of the Statute of the Tribunal in such a way that it became a very conservative document, due to a perceived need to ensure that the law applied by the Tribunal had a sound legal basis. It defined the territorial and temporal jurisdiction of the Tribunal in as much as it was tied to the situation that was deemed a threat to international peace and security. Finally, it impacted the interpretation of jurisdiction by the court because prosecutors and judges tended to view decisions handed down by the court as relevant not only to the case at hand, but to the development of international humanitarian law.
Luc Reydams
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199274260
- eISBN:
- 9780191719158
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199274260.003.0015
- Subject:
- Law, Private International Law
This chapter discusses universal jurisdiction in Senegal. The chapter is organized as follows. Section A presents a tour d’horizon of the ambit of the country’s criminal law. It then considers the ...
More
This chapter discusses universal jurisdiction in Senegal. The chapter is organized as follows. Section A presents a tour d’horizon of the ambit of the country’s criminal law. It then considers the standing victims in criminal proceedings and the application of the principles of double criminality, lex mitior, and ne bis in idem. Section B deals with cases of universal jurisdiction or with judicial decisions in which the issue was raised. Section C concludes with a brief summary of the chapter.Less
This chapter discusses universal jurisdiction in Senegal. The chapter is organized as follows. Section A presents a tour d’horizon of the ambit of the country’s criminal law. It then considers the standing victims in criminal proceedings and the application of the principles of double criminality, lex mitior, and ne bis in idem. Section B deals with cases of universal jurisdiction or with judicial decisions in which the issue was raised. Section C concludes with a brief summary of the chapter.
Geoffrey Blest
- Published in print:
- 1997
- Published Online:
- October 2011
- ISBN:
- 9780198206996
- eISBN:
- 9780191677427
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198206996.003.0006
- Subject:
- History, Military History
This chapter discusses the contributions of the international Courts in relation to the clarification and development of the law of war with the possible exception of the Nuremberg Principles. It ...
More
This chapter discusses the contributions of the international Courts in relation to the clarification and development of the law of war with the possible exception of the Nuremberg Principles. It explains that the Nuremberg Principles originated in a Resolution of the General Assembly (Resolution 95, adopted on 11 November 1946). It notes that the resolution is reaffirmed in some fashion by the UN's International Law Commission in mid-1950. It clarifies that the GA's unanimous vote ‘indicated subscription by a large number of States to the substantive law of war crimes, including the principle of individual criminal responsibility, and to the lawful exercise of criminal jurisdiction over such individuals’. It emphasizes that in the International Military tribunals known to history as the Nuremberg and Tokyo trials, defendants were also tried for other alleged offences. It stresses the importance of determining the relationship of those other offences with the law of war.Less
This chapter discusses the contributions of the international Courts in relation to the clarification and development of the law of war with the possible exception of the Nuremberg Principles. It explains that the Nuremberg Principles originated in a Resolution of the General Assembly (Resolution 95, adopted on 11 November 1946). It notes that the resolution is reaffirmed in some fashion by the UN's International Law Commission in mid-1950. It clarifies that the GA's unanimous vote ‘indicated subscription by a large number of States to the substantive law of war crimes, including the principle of individual criminal responsibility, and to the lawful exercise of criminal jurisdiction over such individuals’. It emphasizes that in the International Military tribunals known to history as the Nuremberg and Tokyo trials, defendants were also tried for other alleged offences. It stresses the importance of determining the relationship of those other offences with the law of war.
Ian Harris
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780197265406
- eISBN:
- 9780191760457
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197265406.003.0004
- Subject:
- Philosophy, Political Philosophy
The standard modern view of Locke portrays him as a simulacrum of John Stuart Mill or John Rawls. This chapter decisively shifts the terms in which Locke is understood away from this standard view. ...
More
The standard modern view of Locke portrays him as a simulacrum of John Stuart Mill or John Rawls. This chapter decisively shifts the terms in which Locke is understood away from this standard view. It shows that with Locke religious worship is neither private nor optional, and is a matter of duty rather than right primarily — a duty prescribed by natural law. Natural law led Locke to jurisdiction, and, more precisely, to two corresponding jurisdictions, the eccesiastical and civil. The different ends implied in these two jurisdictions and the different ways in which they were established made church and state free from each other's direction. Worship is not tolerated by the state, for the state has no jurisdiction over it; rather, it is free. Conversely the state is required to coerce religious or irreligious groups, whether Roman Catholics or atheists, who undermine the possibility of independent civil and ecclesiastical jurisdictions.Less
The standard modern view of Locke portrays him as a simulacrum of John Stuart Mill or John Rawls. This chapter decisively shifts the terms in which Locke is understood away from this standard view. It shows that with Locke religious worship is neither private nor optional, and is a matter of duty rather than right primarily — a duty prescribed by natural law. Natural law led Locke to jurisdiction, and, more precisely, to two corresponding jurisdictions, the eccesiastical and civil. The different ends implied in these two jurisdictions and the different ways in which they were established made church and state free from each other's direction. Worship is not tolerated by the state, for the state has no jurisdiction over it; rather, it is free. Conversely the state is required to coerce religious or irreligious groups, whether Roman Catholics or atheists, who undermine the possibility of independent civil and ecclesiastical jurisdictions.
