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In: International journal of politics, culture and society, Band 10, S. 291-316
ISSN: 0891-4486
Examines Security Council decisions which disregard customary principles of international law, and political implications of the International Court of Justice's status as an independent judicial body.
This text advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self-governance
In: Nordic journal of international law, Band 72, Heft 3, S. 399-418
ISSN: 1571-8107
AbstractThe Permanent Court of International Justice was the first significant court of justice at the international level. Its active life spanned over two decades and yielded an international judiciary while exploring the merits of international adjudication and international law when put into practice. It was partly due to the legacy of the Permanent Court that the second half of the twentieth century witnessed several other successful projects of international justice. At the same time, the decisions of the Permanent Court indicated some of the pertinent problems of international adjudication, notably the omnipresent risk of judges being influenced by national tendencies and traditions with parochial views of international law in result.
In: Political and legal anthropology review: PoLAR, Band 42, Heft 2, S. 244-267
ISSN: 1555-2934
AbstractThis article contributes to contemporary debates in the anthropology of international justice by exploring how narratives about the International Criminal Court have been applied, understood, and contested. It traces the way that justice is materialized and made legible as a domain of practice that is predicated on deeply embedded racialized logics, which are themselves obscured in the process. The article focuses on how bodies, psychologies, and social imaginaries come together to produce the terms on which justice is materialized, disaggregated, ruptured, and made legible again. This is demonstrated through the introduction of "affective justice" as a framework for understanding justice as a social practice. Through several ethnographic examples, this article illuminates how embodied affects at the micro level underpin emotional regimes that are expressed in a diversity of social practices, which then have a collective capacity to influence notions of justice at the macro level. The examples illuminate how international justice assemblages interact to constitute affective justice in three interrelated domains: technocratic practices, psycho‐social embodied performances, and emotional regimes. When examined through anthropology of international justice lenses, each of these domains offers insights into how people draw upon racial imaginaries to produce and refashion justice through practice.
In: International affairs, Band 75, Heft 3, S. 473-482
ISSN: 0020-5850
In: Ethics & international affairs, Band 16, Heft 2, S. 81-90
ISSN: 0892-6794
Proposes a strategy of global distributive justice which requires that the "major seven" countries of the OECD transfer one percent of their GDP to worse-off states; examines how this money could help improve health, using life expectancy as the measure. Includes the role of ideal theory and nonideal theory.
In: Publications on ocean development, v. 67
Dokdo: Historical Appraisal and International Justice concerns a highly contentious territorial dispute between Korea and Japan that threatens the security of Northeast Asia. Dokdo, the rocky islet in the East Sea (Sea of Japan), is currently disputed between Korea and Japan. The various issues surrounding Dokdo are complex and multilayered, and thus require an interdisciplinary approach. The determination of Dokdo's ownership is, however, not the sole purpose of this book. Beyond the question of Dokdo's ownership, this volume provides a broad framework for understanding the territorial disput.
In: Journal of international humanitarian legal studies, Band 13, Heft 2, S. 222-250
ISSN: 1878-1527
Abstract
The historic Nuremberg trial represented a first step toward an adequate response by the international society to grave crimes under international law committed by individuals in position of governmental authority. This article discusses three particular ways in which the Nuremberg trial has advanced international justice. From a normative perspective, it has helped crystallise the principle of individual criminal responsibility for crimes under international law. Furthermore, the Nuremberg tribunal's extraordinary jurisdiction paved the way for domestic and international courts' jurisdiction over crimes under international law, while instigating the evolution of relevant law concerning immunity from jurisdiction. Finally, in associating international crimes with the maintenance of international peace and security, it allowed the UN system of collective security to consider situations involving the commission of those crimes as a threat to international peace and security, preventing impunity and promoting the efficacy of international humanitarian law.
In: Publications on ocean development v. 67
Dokdo: Historical Appraisal and International Justice concerns a highly contentious territorial dispute between Korea and Japan that threatens the security of Northeast Asia. Dokdo, the rocky islet in the East Sea (Sea of Japan), is currently disputed between Korea and Japan. The various issues surrounding Dokdo are complex and multilayered, and thus require an interdisciplinary approach. The determination of Dokdo's ownership is, however, not the sole purpose of this book. Beyond the question of Dokdo's ownership, this volume provides a broad framework for understanding the territorial disput
In: Ethics & international affairs, Band 16, Heft 2, S. 81-90
ISSN: 1747-7093
This paper discusses obligations of international distributive justice-specifically, obligations rich countries have to transfer resources to poor countries. It argues that the major seven OECD countries each have an obligation to transfer at least one percent of their GDP to developing countries.The strategy of the paper is to defend this position without having to resolve the many debates that attend questions of international distributive justice. In this respect, it belongs to the neglected category of nonideal theory. The key to the strategy is to show that a significant amount of good would be accomplished by a one percent transfer, despite the fact that one percent is quite a small amount.To make this showing, the paper takes health as a fundamental measure of individual well-being and examines the improvement in life expectancy that would likely result from devoting the one percent transfer to the major determinants of health. It adduces data indicating that substantial progress towards raising life expectancy in developing countries to the global average of 64.5 years can be expected from expenditures of $125 per capita, divided between health care, education, and basic nutrition and income support. A one percent transfer from the major seven is enough to cover expenditures on that scale for the poorest fifth of the world's population.