Suchergebnisse

It has long been recognized by students of international law that international legal rules may be significant issues in litigation before a municipal court. Three types of relationship of international law to municipal litigation may be observed: (1) those cases wherein the rules of international law are not germane; (2) those cases wherein the rules of international law, either conventional or customary, are a specific issue before the court and accordingly become part of the ratio decidendi of the court—the Sabbatino case is an example; and (3) those cases wherein international law rules are not a specific issue before the court but are part of the legal environment of the case. In these cases the court relies upon domestic law in its ratio deciderteli, but its cognizance of, or deference to, international law rules may either support or weaken international law. Although this note examines the third type of cases, the categories are not rigidly exclusive.

pt.1. The structures of international law -- The centipede and the centrifuge: principles for the centralisation and decentralisation of governance -- On the causes of uncertainty and volatility in international law -- Structural paradigms of international law -- Subsidiarity as a method of policy centralisation -- Fragmentation(s) of international law: on normative integration as authority allocation.

The relationship between traditional Islamic law (Shari'a), contemporary international law, the ratification, reservation, and rejection by Arab states of international human rights conventions, and the case for continued efforts to integrate traditional and modern human rights standards.

Chapter One: Introduction; Chapter Two: Customary International Law and the Alien Tort Statute; Chapter Three: The Domestic Force of Treaties; Chapter Four: Limits in the Fight Against Terrorism; Chapter Five: Foreign Law in Constitutional Interpretation; Chapter Six: Common Themes; Bibliography; Index; About the Author.

Intersections of law and culture at the International Criminal Court : introduction / Julie Fraser and Brianne McGonigle Leyh -- Now you see it, now you don't : culture at the International Criminal Court / Leigh Swigart -- How to solve a problem like Al Madhi : proposal for a new crime of 'attacks against cultural heritage' / Peta-Louise Bagott -- Cultural heritage destruction and the ICC : lessons from connecting cultural heritage and human rights through a library lens / Vicky Breemen and Kelly Breemen -- Keeping the 'delicate mosaic' together : can the ICC deal with intangible cultural heritage? / Martyna Fałkowska-Clarys and Lily Martinet -- the emergence of gender justice at the ICC / Alison Dundes Renteln -- 'Solemnly declare to tell the truth' : internationalising the solemn undertaking before the International Criminal Court / Joshua Isaac Bishay -- Spellbound at the International Criminal Court : the intersection of spirituality and international criminal law / Adina-Loredana Nistor, Andrew Merrylees and Barbora Holá -- 'Questioned by the Court' : the role of judges and sociocultural aspects of testimonial evidence in Katanga / Suzanne Schot -- The power of culture and judicial decision-making at the International Criminal Court / Gregor Maučec -- Doing 'justice' at the Office of the Prosecutor : portrayals of a cultural value / Cale Davis -- In defence of culture : should defences based on culture apply at the ICC? /Noelle Higgins --Introducing aspects of transformative justice to the International Criminal Court through plea negotiation /Phoebe Oyugi and Owiso Owiso --'Culture' and sentencing at the International Criminal Court /Michelle Coleman --A delicate mosaic : the ICC, culture and victims /Fiona McKay --The quest for cultural legitimacy at the ICC : a third-way approach as an appropriate response to African cultural paradigms /Ingrid Roestenburg-Morgan --'We will let it die on its own' : culture, ideology and power at play between the United States and the International Criminal Court /Brianne McGonigle Leyh --Asia's reluctance to join the ICC : who is jilted by whom? /Nikhil Narayan --Exploring legal compatibilities and pursuing cultural legitimacy : Islamic law and the ICC /Julie Fraser --Afterword : culture, genuine and juridical /Mark Goodale.

International law can create great expectations in those seeking to rebuild societies that have been torn apart by conflict. For outsiders, international law can mandate or militate against intervention, bolstering or undermining the legitimacy of intervention. International legal principles promise equality, justice and human rights. Yet international law's promises are difficult to fulfil. This volume of essays investigates the phenomenon of post-conflict state-building and the engagement of international law in this enterprise. It draws together original essays by scholars and practitioners who consider the many roles international law can play in rehabilitating societies after conflict. The essays explore troubled zones across the world, from Afghanistan to Africa's Great Lakes region, and from Timor-Leste to the Balkans. They identify a range of possibilities for international law in tempering, regulating, legitimating or undermining efforts to rebuild post-conflict societies