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Governance, Order, and the International Criminal Court - Between Realpolitik and a Cosmopolitan Court (Hardcover)
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Governance, Order, and the International Criminal Court - Between Realpolitik and a Cosmopolitan Court (Hardcover)
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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.
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