Mobilising International Law for 'Global Justice'

ISBN-13: 9781108466080 / Angielski / Miękka / 2020 / 264 str.

Jeff Handmaker (Erasmus Universiteit Rotterdam);Karin Arts (Erasmus Universiteit Rotterdam)

Opis

Mobilising International Law for 'Global Justice' provides new insights into the dynamics between politics and international law and the roles played by state and civic actors in pursuing human rights, development, security and justice through mobilising international law at local and international levels. This includes attempts to hold states, corporations or individuals accountable for violations of international law. Second, this book examines how enforcing international law creates particular challenges for intergovernmental regulators seeking to manage tensions between incompatible legal systems and bringing an end to harmful practices, such as foreign corruption and child abduction. Finally, it explores how international law has local resonance, whereby, for example, cities have taken it upon themselves to give effect to the spirit of international treaties that national governments fail to implement, or even may have refused to ratify.

Recenzje

'The chapters showcase a diverse range of topics and methodologies. Through a series of case studies, the book aims to provide a number of strategies for these actors to realise the goal of preventing impunity for breaches of international law. In doing so, the book illustrates that it is possible for civil society and international lawyers to effect positive change in State-centric international legal institutions … The question of whether human rights change within a State is 'top-down' from international institutions or 'bottom up' from a mobilized society is one that international lawyers often contemplate. This book shows that under certain circumstances, it is possible for civil society to re-describe the issue to achieve some form of international justice, and that in order to do so, international law must couple with other areas, including international politics. Ultimately, this edited collection reminds international lawyers and civil society that instead of calling for reform of international institutions, there are other more effective means of achieving global justice.' Amina Adanan, Journal of Conflict & Security Law (2022)

Spis treści

1. Mobilising international law as an instrument of global justice Jeff Handmaker and Karin Arts; 2. Speaking the language of international law and politics: or, of ducks, rabbits, and then some Martti Koskenniemi; 3. The globalisation of justice: amplifying and silencing voices at the ICC Sarah Nouwen and Warner ten Kate; 4. Justice through direct action: the case of the Gaza 'Freedom Flotilla' Claudia Saba; 5. The Hague Conventions: giving effect to human rights through instruments of private international law Maja Groff; 6. Current developments in the fight against corruption Abiola Makinwa; 7. A fatal attraction? The UN Security Council and the relationship between R2P and the International Criminal Court Mark Kersten; 8. A return to stability? Hegemonic and counter-hegemonic positions in the debate on universal jurisdiction in absentia Aisling O'Sullivan; 9. The domestic politics of international children's rights: a Dutch perspective Jasper Krommendijk; 10. Human rights cities: the politics of bringing human rights home to the local level Barbara Oomen; 11. Taking seriously the politics of international law Jeff Handmaker and Karin Arts.