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The author proposes that international law can be strengthened by incorporating and integrating multinational corporations more fully into the international legal system. The establishment of international norms of corporate responsibility and accountability under accepted international law could thereby lead to mutual benefits. Multinational corporations would enjoy de jure protections enhancing their global business activities; and countries where these corporations have considerable social, economic and environmental effect on their communities will have recourse to hold corporations accountable for harmful actions. Published under the Transnational Publishers imprint.
This book provides contributions in international law, development, and international relations from a cross section of jurists and scholars including a justice of the Supreme Court of Nigeria and a former Judge of the International Court of Justice at The Hague. The project, conceived as a festschrift in honor of Professor Christian Okeke, aims to amplify the voices and perspectives that are not often accorded the limelight in international legal discourse. Additionally, the contributors discuss such relevant issues as frozen conflicts in Eastern Europe, counter-terrorism and cyber-security in Central Asia, and judicial contrivance in African countries. Bridging the gap between political science and legal scholarship, the book presents an interdisciplinary perspective on the emergence of an international rule of law and development. It also provides much needed empirical research on the implications of multi-level governance and global legal pluralism for the rule of law beyond the nation state. This book will be highly relevant to scholars, academics, researchers, and students in the fields of international relations, law, and development.
Developments in the understanding and treatment of genocide through the twentieth century have involved a combination of politics, public opinion, social trends, and economic development, and led to the substantive law of genocide and the assumption of international jurisdiction. This book analyzes incidences of genocide and mass atrocities, focusing on the political factors involved in modern counter-genocide efforts. Drawing on incidences of genocide and mass atrocity such as the Holocaust, the Rwandan genocide, and the Armenian genocide, Mark Kielsgard adopts a conceptual model that reveals the political factors which impact the international law of genocide, such as barriers and catalysts to transitional justice and the politics of genocide denial. As a work which provides a focused picture of those influences and their significance to genocide studies, this book will be of great use and interest to students and researchers in international criminal law, conflict studies, and conflict resolution.
Focused on the international community's response to the conflict in Syria, this is a book about the inexorable quest for justice, even in the face of seemingly impenetrable obstacles erected by actors intent on ensuring impunity. It features a number of creative ideas emerging from states and civil society actors intent on pursuing justice for atrocities in Syria
Civil-military relations establishes the civilian control over the military to protect democratic values. This book argues analysis of the CMR is distorted by the absence of consideration of the judicial arm, with the ‘civil’ seen as referring only to the executive and/or legislature. The civil courts approach to military discipline and the impact that has for CMR within — the United Kingdom, United States and Australia is investigated. The author concludes that by including the courts in the development of CMR theory militarisation of the civilian domain is discouraged. A paradigm shift acknowledging the fundamental role of all three organs of government in liberal democracies, for control of States’ power is essential for genuine civilian oversight.
Collective Responsibility and Accountability under International Law examines the extent to which the basic principle of individual responsibility accommodates liability for the acts of others. It examines the debates and legal developments surrounding collective responsibility under international law. The philosophical debates on collective responsibility provide an introduction to the examination of whether collective responsibility is ever appropriate or even lawful under international law. As the international criminal justice project begins to flourish, it is of paramount importance that the extent of the potential liability of individuals for the acts of others is clarified and held up...
Why has the United States taken such a firm stance against the International Criminal Court (ICC) and expended such diplomatic goodwill in an attempt to dismantle a tribunal that poses no serious risk to its citizens? This book critiques causal ideologies such as American exceptionalism, state sovereignty and laissez-faire capitalism to show how U.S. opposition is driven by pervasive political, legal, historic, military and economic conditioning factors. It shows how U.S. attitudes transcend partisan politics and predicts how the U.S.-ICC relationship will be affected by the economic crisis, shifting international geopolitical power structures, the crisis in the U.S. military, unfolding inte...
This is a collection of essays and articles on human rights law and international criminal law authored by William Schabas, one of the most prominent contemporary scholars and practitioners. Particular attention is given to such topics as the limitation and abolition of the death penalty, genocide and crimes against humanity, the establishment and operation of the International Criminal Court and the ad hoc international criminal tribunals, truth and reconciliation commissions, reservations to human rights treaties, and the implementation of international human rights norms in domestic law
The book explores the broad range of legal, personal, social, political and historical foundations of international law. The book is a collective effort of qualified authors- law school deans and professors, national and international court judges, young and old international law scholars and government lawyers from varying legal cultures across the oceans of the world, representing diverse legal philosophical and corresponding practices bringing their stories to life, telling tales helpful for those well-acquainted with the issues. Although one book of Liber Amicorum cannot address all the important issues in the vast arena of international law, these essays provide a rich and lucid underst...