当前货币:HKD

您的购物车中没有商品。

The Future of the International Criminal Court: Reform, Consensus and Relations with the USA

The Future of the International Criminal Court: Reform, Consensus and Relations with the USA

  • 作者:
  • 出版商: Routledge
  • ISBN: 9781032442044
  • 出版时间 June 2023
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,468.75

¥1,424.69 Save ¥44.06 (3%)

发货时间:大约 4-5 weeks
Extra 2-10 working days if shipping address outside Hong Kong
Free delivery Hong Kong?
Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    This book presents the argument that solution-driven policy and treaty changes, if faithfully implemented, will rekindle the relevance of the International Criminal Court (ICC) in combatting and prosecuting atrocity crimes. This work examines how the International Criminal Court could be re-envisioned to perform optimally, and why such reform is urgent. It also discusses the position of the USA towards the court and explores why it has been unable to transition from marginal engagement to full spectrum support by signing and ratifying the Rome Treaty 1998. The conceptual frameworks deployed range from how the US construes its ‘national interest’ to geo-political balancing and the present rudderless state of the rules order, in addition to the personal predilections of US Presidents and the Court’s dysfunctional state. The objective is to show that if the ICC does not engender reforms internally, it will not survive the fissiparous tendencies innate in the presently fractured rules order. The work argues that only foundational reforms around treaty amendments along with institutional realignment of roles and responsibilities of the Court’s principal officers will yet rescue it. The book will be of interest to researchers, academics and policy-makers working in the areas of International Criminal Law and International Relations.

  • Chapter 1. The Establishment of The International Criminal Court: Prospects, Challenges, and Tensions
    Introductory Background
    Framing the Research: Identiofying the Gaps and Problem Statement
    Norms: Formation, Duration, Consolidation, and Internalization
    Is the Rules-based Order Constraining the Court?
    Theoretical and Conceptual Framework
    Scoping the Book
    Critical Questions: Legal Propositions and Factual Arguments
    Framing and Negotiating U.S. Decision Regarding the Court: National v. Vital Interests
    Interrogating the Fate of the Court and its Impact
    Competing Visions of Global Order
    Reviewing the Literature
    Is the Vision still Frealisable
    The Literature on the Court’s Survival
    The Problematics of U.S. Relationship with the Court
    Sovereignty, Non-intervention, and the Modern Nation-State
    Political and Constitutional Sovereignty
    America Firstism
    United States’ Broad Aversion to International Law
    Concluding Thoughts on the Relationship
    A Synopsis of the Issues: Positionality Statement
    Chapter 2. How History and Geopolitics Shape the Formation of International Courts
    Introductory Overview
    Why History Matters
    The Primacy of Building Political Consensus Among Major Powers
    Legal Framework: The Rome Statute 1998
    Current Institutional Design and Organizational Structure
    Assembly of States Parties - ASP (The Assembly)
    The Chambers and the Prosecutor: Overlapping Authority?
    The Chambers and Presidency
    The Office of the Prosecutor – OTP
    The Trust Fund for Victims
    The Rome Conference: Was an Alternative Treaty Regime Feasible?
    Between the Prosecutor, UNSC and the Chambers: Working at Cross Purposes?
    Admissibility Test: Complementarity and the Gravity Threshold
    Waiver of Immunity and Irrelevance of Official Capacity
    Conclusion
    Chapter 3. Between the Court’s Performance and U.S. Hostility: Will the Court Survive?
    General Overview
    Constructing National or Vital Interests: A Framework for Understanding U.S. Position
    Appraising Bill Clinton’s Engagement Strategy
    George Bush II: Confrontation and Roll-back
    Barack Obama’s Re-engagement Strategy
    Trump’s Belligerence and "Principled Realism"
    Does it Matter if the United States Continues to Remain at the Margins?
    Bringing it all Together
    Domestication: U.S. Executive and Congressional Procedures
    A Vision Unmatched by Performance
    Legal Metrics
    A Range of Non-legal Metrics
    How Funding Shape Perceptions
    Staffing: Dearth and Quality
    Perception as Realities
    Pining for Regional Courts
    Geopolitics and National Interest: A Balancing Act
    Reconciling National Interests Writ Large
    Africa’s Geopolitical Question: Perceptions of Justice
    Closing Summary
    Chapter 4. Competing Visions of Global Order, the Court, and International Crimes
    Introduction
    The Way the World Works or Should Work
    The United Nations System and International Crimes
    Variations in Global Order
    Polarizing the World
    Unipolarity, Bipolarity, and Multipolarity
    A Multiplex World
    Global Concert Model
    Regional Worlds Model
    Conclusion: What Comes Next?
    Will a New Court Cut it?
    Chapter 5. Mechanics for Rescuing the Court: Toward a "Pragmatist Realist" Vision
    Introduction
    Norms: Defiance and Hierarchy
    Defining Norms
    Typology of Norms
    Peremptory Norms or Jus Cogens
    Defying the Statute, Resisting the Court
    A Grotian Moment?
    A New Institutional Design
    Reforms and Recommendations
    The Office of the Prosecutor and 7 Deputy Prosecutors
    A Rule of Law Prosecutor
    Why Regionalizing the Prosecutor’s Office Matters
    Legal Pluralism: Incorporating Local Justice Initiatives
    Redrawing Boundaries: The Prosecutor and Chambers
    Reviewing the Politico-Strategic Decisions
    Enlarging the Political Role of the ASP/President: Why it Matters
    Amending the Statute: Reworking Policies and Strategies
    Part 2 of the Statute
    Part 3 of the Statute
    Part 4 of the Statute
    Part 5 of the Statute
    Part 9 of the Statute
    Conclusion
    Chapter 6. Reforming the International Criminal Court, Building Consensus, and Resolving the Survival Question
    A Synopsis of the Hypothesis
    On Re-envisioning the Court
    U.S. Continued Engagement at the Margins: What it Forebodes and Why it Matters
    Tangential Hypothesis

你可能需要

The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition)
The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition)

List Price: ¥517.94

¥502.40 Save ¥15.54 (3%)

Hong Kong Tax & Accounting Practical Toolkit (Basic Package)
Hong Kong Tax & Accounting Practical Toolkit (Basic Package)
¥3,420.66
Hong Kong Company Secretary Checklist, 2nd Edition
Hong Kong Company Secretary Checklist, 2nd Edition

List Price: ¥1,297.20

¥1,258.28 Save ¥38.92 (3%)

Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book)
Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book)

List Price: ¥3,290.00

¥3,191.30 Save ¥98.70 (3%)

Butterworths Hong Kong Discrimination Law Handbook, 4th Edition
Butterworths Hong Kong Discrimination Law Handbook, 4th Edition

List Price: ¥1,410.00

¥1,367.70 Save ¥42.30 (3%)

Sentencing in Hong Kong, 11th Edition
Sentencing in Hong Kong, 11th Edition

List Price: ¥3,365.20

¥3,264.24 Save ¥100.96 (3%)

Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition
Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition

List Price: ¥2,143.20

¥2,078.90 Save ¥64.30 (3%)

Butterworths Hong Kong Company Law Handbook, 26th Edition
Butterworths Hong Kong Company Law Handbook, 26th Edition

List Price: ¥4,136.00

¥4,011.92 Save ¥124.08 (3%)

Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition
Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition

List Price: ¥1,955.20

¥1,896.54 Save ¥58.66 (3%)

Clough & Clough on Personal Injuries
Clough & Clough on Personal Injuries

List Price: ¥1,410.00

¥1,367.70 Save ¥42.30 (3%)

Hong Kong Personal Insolvency Manual, 3rd Edition
Hong Kong Personal Insolvency Manual, 3rd Edition

List Price: ¥1,880.00

¥1,823.60 Save ¥56.40 (3%)

Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition
Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition

List Price: ¥1,692.00

¥1,641.24 Save ¥50.76 (3%)

A Practical Guide to Resolving Shareholder Disputes, 2nd Edition
A Practical Guide to Resolving Shareholder Disputes, 2nd Edition

List Price: ¥1,692.00

¥1,641.24 Save ¥50.76 (3%)

Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook)
Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook)

List Price: ¥2,350.00

¥2,279.50 Save ¥70.50 (3%)

Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book)
Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book)

List Price: ¥3,006.12

¥2,915.94 Save ¥90.18 (3%)

Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book)
Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book)

List Price: ¥2,672.42

¥2,592.25 Save ¥80.17 (3%)

Hong Kong Company Law, 15th Edition
Hong Kong Company Law, 15th Edition

List Price: ¥462.48

¥448.61 Save ¥13.87 (3%)

Private Equity in Hong Kong and China, 4th Edition
Private Equity in Hong Kong and China, 4th Edition

List Price: ¥1,880.00

¥1,823.60 Save ¥56.40 (3%)

Brooke's Notary Hong Kong, 3rd Edition
Brooke's Notary Hong Kong, 3rd Edition

List Price: ¥1,598.00

¥1,550.06 Save ¥47.94 (3%)

Butterworths Hong Kong Employees' Compensation Handbook, 7th Edition
Butterworths Hong Kong Employees' Compensation Handbook, 7th Edition

List Price: ¥1,974.00

¥1,914.78 Save ¥59.22 (3%)