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This book provides an analysis of whether the International Criminal Court can be regarded as an International Criminal World Court, capable of exercising its jurisdiction upon every individual despite the fact that not every State is a Party to the Rome Statute. The analysis is based on a twin-pillar system, which consists of a judicial and an enforcement pillar. The judicial pillar is based on the most disputed articles of the Rome Statute; its goal is to determine the potential scope of the Court's strength through the application of its jurisdiction regime. The enforcement pillar provides an analysis of the cooperation and judicial assistance mechanism pursuant to the Rome Statute's provisions and its practical implementation through States' practices. The results of the analysis, and the lack of an effective enforcement mechanism, demonstrate that the ICC cannot in fact be considered a criminal world court. In conclusion, possible solutions are presented in order to improve the enforcement pillar of the Court so that the tremendous strength of the ICC's judicial pillar, and with it, the exercise of worldwide jurisdiction, can be effectively implemented.

Why are some institutional designs perceived as more legitimate than others, and why is the same institutional design sometimes perceived as legitimacy-enhancing in one setting and not in another? In a world in which most international organisations (IOs) do not fully embody societal values and norms, such as democratic participation and equal treatment, why do legitimacy deficits in some organisations lead to pressure for institutional change while in others they are tolerated? These are important questions given that many analysts have diagnosed a 'legitimacy crisis' of IOs, but we argue that existing approaches are ill equipped to answer them. We show that the existing legitimacy literature has an implicit model of institutional change – the congruence model – but that this model has difficulty accounting for important patterns of change and non-change because it lacks microfoundations. We argue that attributions of legitimacy rest on perceptions and this implies the need to investigate the cognitive bases of legitimacy. We introduce a cognitive model of legitimacy and deduce a set of testable propositions to explain the conditions under which legitimacy judgments change and, in turn, produce pressures for institutional change in IOs.

"This book examines how states justify the domestic use of military force to foreign audiences. By deploying a sociological approach to legitimacy and drawing on conceptual tools which deal directly with the dynamics of justification, it offers a novel framework for understanding the politics of international legitimacy and domestic armed action. The framework is grounded in detailed qualitative analyses of civil wars in Sri Lanka (2006-09), and Aceh, Indonesia (2003-2005). The book shows that the meaning of legitimacy in a particular context does not flow directly from a menu of relevant rules, norms and ideas. Rather, legitimacy is always politically contested. When states justify fighting at home, the success of their claims is determined by their capacity to appeal to rules and norms but also to frame their action in ways that their audiences find compelling. Therefore, the framework offered in this book draws attention to the crucial but largely neglected role of audiences in the constitution of legitimacy. This book will be of interest to students of security studies, law, human rights and International Relations"--

The article discusses the importance of the International Criminal Court (ICC), a recently established intergovernmental organization to address the most heinous crimes. This organization is first evaluated with respect to its impact on the notion of national sovereignty, upon which the international system has long been based. Then the contribution of global civil society in the creation of the ICC is outlined in order to demonstrate that the global order is gradually departing from being state-centric. & finally, the US opposition to the ICC is briefly examined as that opposition is extremely relevant to the subject, given that the US is regarded as the sole superpower, which is supposed to have a determinative role in the conduct of global politics. Adapted from the source document.

In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate wi

This research is devoted to the problem of application of secular laws in religious legal field on the example of dissolution of a religious marriage in civil court. In Russia the issues of regulation of family relations of Muslims are within the competence of religious organizations. However, if family life does not work out, then obtaining an official divorce, which would be legal, is possible only in a civil court. Going to civil court is often the only way for a married woman to obtain a divorce when traditional ways have been futile. This research is the first work in the Russian-speaking space on this problem and offers an option for solving family problems.

"A state's financial power is built on the effect its credit, property, and tax policies have on ordinary people: this is the key message of Leonard Seabrooke's comparative historical investigation, which turns the spotlight away from elite financial actors and toward institutions that matter for the majority of citizens. Seabrooke suggests that everyday contests between social groups and the state over how the economy should work determine the legitimacy of a state's financial and fiscal system. Ideally, he believes, such contests compel a state to intervene on behalf of people below the median income level, leading the state to broaden and deepen its domestic pool of capital while increasing its influence on international finance. But to do so, Seabrooke asserts, a state must first challenge powerful interests that benefit from the concentration of financial wealth." "Seabrooke's novel constructivist approach is informed by economic sociology and the work of Max Weber. This book demonstrates how domestic legitimacy influences the character of international financial orders. It will interest all readers concerned with how best to transform state intervention in the economy for the good of the majority."--Jacket

What is the international organization of national constitutional courts? This article develops a theoretical framework to analyze this question and tests it empirically with original data of translated opinions. Justices of different nations form an emerging epistemic community, which is congealed due to common practices as well as to competition and selectiveness throughout the judicial career. Opinions translated into English as the lingua franca are pivotal for communication within this epistemic community. Through engaging in a transnational judicial dialogue, and particularly as far as this dialogue concerns legal citations, this community uses international law as a key guide to finding equilibrium solutions at national and international levels. Five sources of international law overwhelmingly dominate. In addition, we find evidence in the collegial game within the different courts for the existence of a transnational epistemic community of Supreme Court justices.

Published online: 07 March 2016 ; In this article, I argue against the claim that the practice of the European Court of Human Rights cannot be reconciled with the democratic-procedural standards by which state parties, in accordance with the principle of subsidiarity, decide about the content and scope of human rights norms. First, I suggest drawing the attention to the neglected balancing exercise of the review process, in which the Court has to determine whether a violation is nevertheless 'necessary in a democratic society'. Second, I shed light on the role that 'pluralism' plays in the balancing (with particular emphasis on Articles 8–11). Third, I argue that Thomas Christiano's egalitarian argument for democracy can best illuminate the Court's reliance on pluralism.