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The Politics of Constructing the International Criminal Court
This book examines the political process that led to the establishment of the International Criminal Court in 2002. It accounts for the main features of the court, including its strong, independent prosecutor, by analyzing the discourse surrounding the ICC negotiations, and particularly highlights the role of human rights NGOs.
Law, Politics and the Limits of Prosecuting Mass Atrocity
This book offers a unique and powerful critique of the quest for international criminal justice. It explores the efforts of three successive generations of international prosecutors, recognising the vital roles they play in the enforcement of international criminal law. By critically examining prosecutorial performance during the pre-trial and trial phases, the volume argues that these prosecutors are simultaneously political actors serving in the interests of economic liberalisation. It also posits that international prosecutors help wage a mostly silent and largely unacknowledged politico-cultural war fought for control over the institutions governing modernist international affairs. As the author contends, international prosecutors are thus best understood as agents not only of the law and politics, but also of a war fought by proponents of various utopian projects.
Governance and International Legal Theory
This book discusses the above-mentioned topics from a multidisciplinary perspective.
The Normative Order of the Internet
There is order on the internet, but how has this order emerged and what challenges will threaten and shape its future? This study shows how a legitimate order of norms has emerged online, through both national and international legal systems. It establishes the emergence of a normative order of the internet, an order which explains and justifies processes of online rule and regulation. This order integrates norms at three different levels (regional, national, international), of two types (privately and publicly authored), and of different character (from ius cogens to technical standards). Matthias C. Kettemann assesses their internal coherence, their consonance with other order norms and th...
Between Preservation and Exploitation
A study of biodiversity governance analyzes the factors that determine the effectiveness of transnational advocacy networks and the importance of justice claims to conservation. In the late 2000s, ordinary citizens in Jamaica and Mexico demanded that government put a stop to lucrative but environmentally harmful economic development activities—bauxite mining in Jamaica and large-scale tourism and overfishing on the eastern coast of the Yucatán Peninsula. In each case, the catalyst for the campaign was information gathered and disseminated by transnational advocacy networks (TANs) of researchers, academics, and activists. Both campaigns were successful despite opposition from industry supp...
Legitimacy and International Courts
An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.
Fairness in International Criminal Trials
Through careful analysis of current practice, this volume argues that international criminal tribunals should have a role in setting the highest standards of due process protection in their procedures, and that they can have a positive impact on domestic justice systems in this regard.
Piracy and the Origins of Universal Jurisdiction
In Piracy and the Origins of Universal Jurisdiction, Mark Chadwick relates a colourful account of how and why piracy on the high seas came to be considered an international crime subject to the principle of universal jurisdiction, prosecutable by any State in any circumstances.
Pirate Lands
"Maritime piracy-like civil war, terrorism, and organized crime-is a problem of weak states. Surprisingly, though, pirates do not operate in the least governed areas of weak states. Pirate Lands addresses this puzzle by explaining why some coastal communities experience more pirate attacks in their vicinity than others. Pirates do well in places where elites and law enforcement can be bribed but they also need access to functioning roads, ports, and markets. Using statistical analyses of cross-national and sub-national data on pirate attacks in Indonesia, Nigeria, and Somalia, Daxecker and Prins detail how governance at the state and local level explain the location of maritime piracy. Pirat...
The Principle of Complementarity in International Criminal Law
Presents a study of the historical antecedents of the principle of complementarity. This work draws upon the first efforts at international prosecution, after the First World War, and then traces the evolution of the concept through the drafting of the 1937 treaty on terrorism, and the post-Second World War tribunals.
