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In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.
The fall of dictatorial regimes and the eruption of destructive
civil conflicts around the world have led to calls for holding
individuals accountable for human rights atrocities. This book
offers a comprehensive study of the promise and limitations of
international criminal law as a means of enforcing international
human rights and humanitarian law. It provides a searching analysis
of the principal crimes under the law of nations, such as genocide
and crimes against humanity and an appraisal of the most important
prosecutorial and other mechanisms developed to bring individuals
to justice. After applying their conclusions in a detailed case
study, the authors offer a series of compelling conclusions on the
prospects for accountability.
In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.
The book offers An introduction to international law's approaches
to holding individuals accountable for human rights atrocities,
exploring whether human rights abusers can and should be brought to
justice.
As the United Nations passes its fiftieth anniversary, it has undergone a sea change in its approach toward peacekeeping. Originally a stopgap measure to preserve a cease-fire, peacekeeping has, since the waning of the Cold War, become a means to implement an agreed political solution to conflict between antagonists. Placed inside war-torn states, UN peacekeepers have encountered manifold new challenges through oversight of elections, protection of human rights, and reconstructing of governmental administration. In this study, Steven R. Ratner offers a comprehensive framework for scholars, policy-makers, and all those seeking to understand this new peacekeeping. He sees the UN as an administrator, mediator, and guarantor of political settlements - roles that can conflict when peace accords unravel, as is all too common. He describes the numerous actors, inside and outside the UN, who are engaged in this process, often with competing interests. And in historical review, beginning with the League of Nations, he reveals many striking precedents long before the 1990s. In the central case-study, Ratner applies his thesis to the most ambitious UN operation completed, the Cambodia mission of 1991-93. After reconstructing the process leading to the massive UN role, he reviews and appraises its performance, offering a sophisticated critique demonstrating the dangers of quick 'success' or 'failure' verdicts. With the experiences of those operations in mind, he concludes with a set of compelling recommendations for the UN's members.
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