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The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law Politics and Diplomacy

Rachel Kerr

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199263059
eISBN:
9780191601422
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199263051.001.0001
Subject:
Political Science, International Relations and Politics

This book examines the establishment, functions and significance of the International Criminal Tribunal for the Former Yugoslavia. It sought an answer to whether the Tribunal could carry out its ... More


Reparations in Malawi

Diana Cammack

in The Handbook of Reparations

Published in print:
2006
Published Online:
May 2006
ISBN:
9780199291922
eISBN:
9780191603716
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199291926.003.0007
Subject:
Political Science, International Relations and Politics

Malawi’s five methods of paying reparations — court awards, the government’s Disaster Preparedness, Relief and Rehabilitation program, civil service grants, special payments to the political elite, ... More


Challenging Acts of International Organizations Before National Courts

August Reinisch (ed.)

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199595297
eISBN:
9780191595752
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199595297.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

The challenging of acts of international organizations before national courts is the focus of this book. After the Kadi-hype following the 2008 European Court of Justice judgment, this book ... More


Odious Debt

Seema Jayachandran and Michael Kremer

in Sovereign Debt at the Crossroads: Challenges and Proposals for Resolving the Third World Debt Crisis

Published in print:
2006
Published Online:
May 2006
ISBN:
9780195168006
eISBN:
9780199783458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195168003.003.0011
Subject:
Economics and Finance, Development, Growth, and Environmental

This chapter discusses the problem of illegitimate debt from a new angle. Instead of focusing on borrowers, it focuses on the role and incentives of creditors who lend to questionable governments for ... More


The Rome Statute and the Constitution of World Society

Jason Ralph

in Defending the Society of States: Why America Opposes the International Criminal Court and its Vision of World Society

Published in print:
2007
Published Online:
September 2007
ISBN:
9780199214310
eISBN:
9780191706615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199214310.003.0004
Subject:
Political Science, International Relations and Politics

This chapter demonstrates how the Rome Statute creates a Court that is legally separate from the society of states. To the extent that it gives victims of core crimes a means of legal redress that ... More


A Common Law of International Adjudication

Chester Brown

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199206506
eISBN:
9780191709708
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206506.001.0001
Subject:
Law, Public International Law

The proliferation of international courts and tribunals has given rise to several new issues affecting the administration of international justice. This book makes a significant contribution to ... More


The Role of International Actors in National Accountability Processes

Naomi Roht‐Arriaza

in The Politics of Memory and Democratization

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199240906
eISBN:
9780191598869
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199240906.003.0002
Subject:
Political Science, Democratization

The response of an incoming government to past crimes and gross violations of human rights depends primarily on a combination of domestic political, military and socioeconomic factors. However, ... More


Introduction: The “International” Constitutional Judge

Stephen Breyer

in Exploring Law's Empire: The Jurisprudence of Ronald Dworkin

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546145
eISBN:
9780191706462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546145.003.0001
Subject:
Law, Philosophy of Law

Justice Breyer's introductory essay recounts a discussion Dworkin led at a conference of international judges. Justice Breyer goes on to describe how Dworkin's work has influenced the way judges on ... More


Crimes Against Humanity

Michael Banton

in International Action against Racial Discrimination

Published in print:
1996
Published Online:
November 2003
ISBN:
9780198280613
eISBN:
9780191598760
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198280610.003.0002
Subject:
Political Science, International Relations and Politics

Action after World War I led to the creation of the League of Nations. During World War II, a War Crimes Commission was set up, which led to the proceedings before the Nuremberg Tribunal. The ... More


Portugal: Changing Patterns of Delegation and Accountability under the President's Watchful Eye s

Octavio Amorim Neto

in Delegation and Accountability in Parliamentary Democracies

Published in print:
2003
Published Online:
January 2005
ISBN:
9780198297840
eISBN:
9780191602016
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019829784X.003.0018
Subject:
Political Science, Comparative Politics

Portugal’s blend of semi-presidentialism with multipartism has created a regime capable of generating a wide variety of governing solutions. This flexibility has helped consolidate one of Western ... More


Introduction

Rachel Kerr

in The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law Politics and Diplomacy

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199263059
eISBN:
9780191601422
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263051.003.0001
Subject:
Political Science, International Relations and Politics

This introductory chapter discusses the alleged ‘politicisation’ of the International Criminal Tribunal for the Former Yugoslavia (ICTY). The UN Security Council established the ICTY on May 25, 1993 ... More


International Peace and Security, International Criminal Justice, and the Yugoslav War

Rachel Kerr

in The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law Politics and Diplomacy

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199263059
eISBN:
9780191601422
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263051.003.0002
Subject:
Political Science, International Relations and Politics

This chapter analyses the decision to establish the International Criminal Tribunal for the Former Yugoslavia from the legal, political, and diplomatic context in which it was taken. The tribunal was ... More


Establishing a Court: ‘A Mammoth Task’

Rachel Kerr

in The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law Politics and Diplomacy

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199263059
eISBN:
9780191601422
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263051.003.0003
Subject:
Political Science, International Relations and Politics

This chapter discusses the process of creating the International Criminal Tribunal for the Former Yugoslavia. It charts the process from the adoption of Resolution 827 on May 25, 1993 to the end of ... More


Jurisdiction: ‘Beyond Any Doubt’?

Rachel Kerr

in The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law Politics and Diplomacy

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


Procedure: ‘Justice Must Not Only be Done, but Must be Seen to be Done’

Rachel Kerr

in The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law Politics and Diplomacy

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199263059
eISBN:
9780191601422
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263051.003.0005
Subject:
Political Science, International Relations and Politics

This chapter examines issues associated with the formulation and interpretation of the Rules of Procedure and Evidence of the International Criminal Tribunal for the Former Yugoslavia (ICTY). The ... More


Cooperation and Judicial Assistance: The Tribunal's ‘Artificial Limbs’

Rachel Kerr

in The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law Politics and Diplomacy

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199263059
eISBN:
9780191601422
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263051.003.0006
Subject:
Political Science, International Relations and Politics

This chapter examines the balancing of diplomatic, political, and judicial roles in the operation of the International Criminal Tribunal for the Former Yugoslavia. It presents the legal framework for ... More


‘First Catch Your Criminal’: Obtaining Custody of Accused

Rachel Kerr

in The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law Politics and Diplomacy

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199263059
eISBN:
9780191601422
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263051.003.0007
Subject:
Political Science, International Relations and Politics

This chapter examines the legal framework, politics, and logistics involved in the International Criminal Tribunal for the Former Yugoslavia’s apprehension of the accused. It considers custody ... More


An Apolitical or a Political Institution? The Exercise of Prosecutorial Discretion

Rachel Kerr

in The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law Politics and Diplomacy

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199263059
eISBN:
9780191601422
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263051.003.0008
Subject:
Political Science, International Relations and Politics

This chapter discusses the prosecutorial discretion exercised by three incumbents in the post of Chief Prosecutor in the International Criminal Tribunal for the Former Yugoslavia: Justice Richard ... More


Conclusion

Rachel Kerr

in The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law Politics and Diplomacy

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199263059
eISBN:
9780191601422
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263051.003.0009
Subject:
Political Science, International Relations and Politics

This chapter presents a synthesis of the discussions in this volume. The establishment of the International Criminal Tribunal for the Former Yugoslavia was part of a wider trend towards ... More


How International Law Works: A Rational Choice Theory

Andrew Guzman

Published in print:
2008
Published Online:
January 2008
ISBN:
9780195305562
eISBN:
9780199867004
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195305562.001.0001
Subject:
Political Science, International Relations and Politics

Applying rational-choice theory to international law and international relations, this book offers a comprehensive theory of the subject, how it operates, and why it works. Taking as a starting point ... More


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