The Archival Politics Of International Courts
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| Author | : Henry Alexander Redwood |
| Publisher | : Cambridge University Press |
| Total Pages | : 247 |
| Release | : 2021-08-26 |
| Genre | : Law |
| ISBN | : 1108956688 |
The archives produced by international courts have received little empirical, theoretical or methodological attention within international criminal justice (ICJ) or international relations (IR) studies. Yet, as this book argues, these archives both contain a significant record of past violence, and also help to constitute the international community as a particular reality. As such, this book first offers an interdisciplinary reading of archives, integrating new insights from IR, archival science and post-colonial anthropology to establish the link between archives and community formation. It then focuses on the International Criminal Tribunal for Rwanda's archive, to offer a critical reading of how knowledge is produced in international courts, provides an account of the type of international community that is imagined within these archives, and establishes the importance of the materiality of archives for understanding how knowledge is produced and contested within the international domain.
| Author | : Courtney Hillebrecht |
| Publisher | : Cambridge University Press |
| Total Pages | : 255 |
| Release | : 2021-09-30 |
| Genre | : Law |
| ISBN | : 1009059556 |
While resistance to international courts is not new, what is new, or at least newly conceptualized, is the politics of backlash against these institutions. Saving the International Justice Regime: Beyond Backlash against International Courts is at the forefront of this new conceptualization of backlash politics. It brings together theories, concepts and methods from the fields of international law, international relations, human rights and political science and case studies from around the globe to pose - and answer - three questions related to backlash against international courts: What is backlash and what forms does it take? Why do states and elites engage in backlash against international human rights and criminal courts? What can stakeholders and supporters of international justice do to meet these contemporary challenges?
| Author | : Marlene Wind |
| Publisher | : Cambridge University Press |
| Total Pages | : 373 |
| Release | : 2018-07-12 |
| Genre | : Law |
| ISBN | : 1108661971 |
International law in national courts, and among politicians and citizens, does not always have the desired effect at the domestic level. This volume is a genuinely interdisciplinary analysis of international law and courts, examining a wide range of courts and judicial bodies, including human rights treaty bodies, and their impact and shortcomings. By employing social science methodology combined with classical case studies, leading lawyers and political scientists move the study of courts within international law to an entirely new level. The essays question the view that legal docmatics will be enough to understand the increasingly complex world we are living in and demonstrate the potential benefits of adopting a much broader outlook drawing on empirical legal research. This volume will have great appeal to anyone interested in the effects - rather than just the processes and structures - of international law and courts.
| Author | : Robert Yewdall Jennings |
| Publisher | : |
| Total Pages | : 17 |
| Release | : 1986 |
| Genre | : International law |
| ISBN | : 9780859584555 |
| Author | : Trudy Huskamp Peterson |
| Publisher | : |
| Total Pages | : 20 |
| Release | : 2006 |
| Genre | : Court records |
| ISBN | : |
Introduction -- Courts and their records -- The role of the United Nations -- Users and records of the courts -- Need for an international judicial archives -- Appraising court records -- Evidence -- Access to court records -- Conclusion -- Recommendations.
| Author | : Thomas J Bodie |
| Publisher | : Praeger |
| Total Pages | : 136 |
| Release | : 1995-02-14 |
| Genre | : Law |
| ISBN | : |
The extent to which law circumscribes the activities of states is an old dilemma in international law. The traditional position of the states has been that some areas of international relations are not susceptible to legal resolution. This arises from a desire to protect as much sovereignty as possible. Opposed to this is the position which suggests that there are no issues to which international law does not speak. At stake is the usefulness of international adjudication. This book addresses this political/legal dichotomy through doctrinal study and case law. The considerations of previous scholars, as well as state practice and the opinions of various international courts are all included. The author finds that although scholarly opinion and state practice incline toward a more realist position that recognizes the imperatives of state sovereignty, the International Court of Justice has never turned away a case due to the political sensitivities of the subject matter or of the disputants. The Court has quietly set a jurisprudence for the international community that is more idealistic than realistic.
| Author | : Jens Boel |
| Publisher | : Routledge |
| Total Pages | : 288 |
| Release | : 2021-02-09 |
| Genre | : History |
| ISBN | : 0429620144 |
Why and how can records serve as evidence of human rights violations, in particular crimes against humanity, and help the fight against impunity? Archives and Human Rights shows the close relationship between archives and human rights and discusses the emergence, at the international level, of the principles of the right to truth, justice and reparation. Through a historical overview and topical case studies from different regions of the world the book discusses how records can concretely support these principles. The current examples also demonstrate how the perception of the role of the archivist has undergone a metamorphosis in recent decades, towards the idea that archivists can and must play an active role in defending basic human rights, first and foremost by enabling access to documentation on human rights violations. Confronting painful memories of the past is a way to make the ghosts disappear and begin building a brighter, more serene future. The establishment of international justice mechanisms and the creation of truth commissions are important elements of this process. The healing begins with the acknowledgment that painful chapters are essential parts of history; archives then play a crucial role by providing evidence. This book is both a tool and an inspiration to use archives in defence of human rights. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/ISBN, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
| Author | : William J. Driscoll |
| Publisher | : IDEA |
| Total Pages | : 290 |
| Release | : 2004 |
| Genre | : Law |
| ISBN | : 9780972054140 |
Annotation The Nuremberg Trials at the end of World War II established the principle that individual leaders could be held responsible for "crimes against humanity." Although various ad hoc tribunals were held in the last half of the 20th century, it was not until 2002 that a permanent international court was established, under the auspices, of the United Nations. The international Criminal Court has been controversial with many key nations most notably, the United States refusing to ratify the treaty establishing the court. Some critics object to the adoption of a judicial system that seems to supersede national judicial systems; others fear that the court will be used to pursue narrow political ends. This book will comprise three sections: the first will examine the history of the creation of the court; the second will contain articles that outline objections to the court; the third will contain articles defending and promoting the court. The authors include primary sources on both sides of the controversy, with special attention to America's involvement. A glossary of key terms, and the text of the Rome Statute establishing the court will also be included.
| Author | : |
| Publisher | : |
| Total Pages | : 681 |
| Release | : 1959 |
| Genre | : |
| ISBN | : |
| Author | : Julia Viebach |
| Publisher | : Routledge |
| Total Pages | : 0 |
| Release | : 2024 |
| Genre | : Political Science |
| ISBN | : 9781032197418 |
This edited volume provides conceptual critiques of the transitional justice paradigm and innovations in providing a new lens on archival practices in transitional justice.
