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Status:
Available4.6
7 reviewsISBN 10: 1437726968
ISBN 13: 9781437726961
Author: Mark Lewin, Karen Stout
Since entering into force in July 2002, the International Criminal Court (ICC) has emerged as one of the most intriguing models of global governance. This innovative edited volume investigates the challenges facing the ICC, including the dynamics of politicized justice, US opposition, an evolving and flexible institutional design, the juridification of political evil, negative and positive global responsibility, the apparent conflict between peace and justice, and the cosmopolitanization of law. It argues that realpolitik has tested the ICC's capacity in a mostly positive manner and that the ambivalence between realpolitik and justice constitutes a novel predicament for extending global governance. The arguments of each essay are framed by a timely and original approach designed to assess the nuanced relationship between realpolitik and global justice. The approach - which interweaves four International Relations approaches, rationalism, constructivism, communicative action theory, and moral cosmopolitanism - is guided by the metaphor of the switch levers of train tracks, in which the Prosecutor and Judges serve as the pivotal agents switching the (crisscrossing) tracks of realpolitik and cosmopolitanism. With this visual aid, this volume of essays shows just how the ICC has become one of the most fascinating points of intersection between law, politics, and ethics.
Part I: Realpolitik and Rationalism
1. Embedded Realpolitik? Reevaluating United States’ Opposition to the International Criminal Cour
2. From Realism to Legalization: A Rationalist Assessment of the International Criminal Court in the
Part II: Constructivism, Legitimacy, and Accountability
3. Explaining the International Criminal Court: A Practice Test for Rationalist and Constructivist A
4. The Politics of Discursive Legitimacy: Understanding the Dynamics and Implications of Prosecutori
5. Anarchy is What Criminal Lawyers and other Actors Make of it: International Criminal Justice as a
Part III: Cosmopolitanism and Global Order
6. Political Evil, Cosmopolitan Realism, and the Normative Ambivalence of the International Criminal
7. Four Cosmopolitan Projects: The International Criminal Court in Context
8. The Cosmopolitan Test: Universal Morality and the Challenge of the Darfur Genocide
9. Justice of the Peace? Future Challenges and Prospects for a Cosmopolitan Court
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Tags: Governance, Order, Criminal Court, Realpolitik, Cosmopolitan Court, Steven Roach
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