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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.
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...
Power, Realism and Constructivism
Framed by a new and substantial introductory chapter, this book collects Stefano Guzzini’s reference articles and some less well-known publications on power, realism and constructivism. By analysing theories and their assumptions, but also theorists following their intellectual paths, his analysis explores the diversity of different schools, and moves beyond simple definitions to explore their intrinsic tensions and fallacies. Guzzini’s approach to the analysis of power – within and outside International Relations – provides the common theme of the book through which the theoretical state of the art in IR is reassessed. A novel analysis of power and the potential limits of realism and constructivism in International Relations, Power, Realism and Constructivism will be of interest to students and scholars of international relations, international political economy, social and political theory, and the study of power.
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. Merging international and domestic law, history, literature, and sociology, the author weaves an intricate tale that reveals the pirate to be the original “enemy of mankind” and forerunner of today’s international criminals: those who commit genocide, crimes against humanity, war crimes and aggression. In so doing, Mark Chadwick proposes a convincing reappraisal of the pirate’s role in the crystallisation of international criminal law, bringing much-needed clarity to a disputed area of international legal history.
Pirate Lands
In Pirate Lands, Ursula Daxecker and Brandon Prins argue that pirates operate in locations where local governance is weak enough to incentivize collusion among pirates and local authorities, but strong enough to ensure that infrastructure and markets permit the organization of sustained piracy. Conducting cross-national and subnational analyses of Indonesia, Nigeria, and Somalia, they show how governance at the state and local levels explain maritime piracy. They further employ interviews with former pirates, community members, and maritime security experts to offer the first comprehensive, social-scientific account of maritime piracy.
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.
