Buch, Englisch, 234 Seiten, Format (B × H): 235 mm x 156 mm, Gewicht: 378 g
The Debate and the Battle for Hegemony
Buch, Englisch, 234 Seiten, Format (B × H): 235 mm x 156 mm, Gewicht: 378 g
Reihe: Routledge Research in International Law
ISBN: 978-0-367-07555-2
Verlag: Taylor & Francis Ltd
This book explores the debate over universal jurisdiction in international criminal law, aiming to unpack a practice in which international lawyers continue to disagree over the concept of universal jurisdiction. Using Martti Koskenniemi’s work as a foil, this book exposes the argumentative techniques in operation in national and international adjudication since the 1990s. Drawing on overarching patterns within the debate, Aisling O’Sullivan argues that it is bounded by a tension between contrasting political preferences or positions, labelled as moralist ("ending impunity") and formalist ("avoiding abuse") and she reads the debate as a movement of hegemonic and counter-hegemonic positions that struggle for hegemonic control. However, she draws out how these positions (moralist/formalist) merge into one another and this produces a tendency towards a "middle" position that continues to prefer a particular preference (moralist or formalist). Aisling O’Sullivan then traces the transformation towards this tendency that reflects an internal split among international lawyers between building a utopia ("court of humanity") and recognizing its impossibility of being realized.
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Weitere Infos & Material
1. The Politics of International Law 2. Narratives of Justification from 1883 3. Conventional Readings 4. Competing for Hegemony 5. Returning to the Status Quo? 6. Conclusion