The rule of law in an era of change responses to transnational challenges and threats /
This forward-thinking volume examines the rule of law from a global perspective, in the context of a growing array of transnational challenges and threats As the United Nations (UN) notes, the rule of law constitutes the basis "on which fair and just societies are built." The contributions...
| Other Authors: | Anopoulos, George J.,, Barberet, Rosemary L.,, Nalla, Mahesh K.,, SpringerLink (Online service) |
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| Format: | eBook |
| Language: | English |
| Published: |
Cham :
Springer,
2018.
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| Physical Description: |
1 online resource. |
| Series: |
Springer series on international justice and human rights.
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| Subjects: |
Table of Contents:
- Intro; Preface; Acknowledgment; Contents; About the Editors; Contributors; Chapter 1: Introduction: Rule of Law in an Era of Change
- Challenges and Prospects; A Contentious Revival; The Relevance of the RoL: Challenges and Prospects; References; Chapter 2: Drones, Distance, and Death; Introduction; The Kinds of Distance that Might Be of Ethical Concern; Distance and Obligation; Obligations to the Distant Needy; Drones and Depersonalization; The Significance of Face; The Psychological Effects of Spatial Distance; Asymmetric Unfairness; The Charge of Cowardice or Lack of Courage.
- Fragmenting ResponsibilityIn Summary; References; Chapter 3: War as Play, War as Slaughter, and the Laws of War; Just War Theory and the Play Motive; The War on Terrorism; War as a Video Game; War Reorganized as an Extension of Virtual Reality; A Possible Objection, a Reply, and the Future of War; Concluding Thoughts: Implications for Just War Theory and International Law; References; Chapter 4: The Quest for Accountability: The Resolution 1373 Process at the United Nations Security Council; The UN Charter: Purposes and Principles; The UNSC in Action.
- UNSC "Legislative" Measures and the Question of LegitimacyAddressing Member States' Counterterrorist Policies and Practices; Concluding Remarks; Appendix; A Brief Note on Hegemonic International Law (HIL); References; Chapter 5: Victims of Terrorism Associations After September 11th and March 11th: Claims, Demands, and Responses; Introduction and Background; Method, Data, and Analytical Strategy; Results; Missions and Images; Activities; Association "Careers"; Conclusion: Professionalization and Transferable Skills; Appendix 5.1: Mission of Associations at Founding and at Present; References.
- Chapter 6: The Relationship Between the International Criminal Court (ICC) and Truth CommissionsAn Interpretation of the Rome Statute; Admissibility, Complementarity, and Prosecutorial Discretion Within the Rome Statute; Aims and Objects: Peace and Justice; The Principle of Complementarity: The Cornerstone of the ICC; The Preamble; Admissibility: Article 17; Grounds for Inadmissibility Within Article 17; State Action; "Investigation"; Article 17(2): "Unwillingness"; State Inaction and "Inability"; Articles 18 and 19: Challenges to Admissibility and Jurisdiction.
- Article 16: Deferral Upon Request from Security Council"Interests of Justice" and Article 53; Transitions and Truth Commissions; The Transitional Society; Definition of a Truth Commission; Traits of Distinction; An Alternative Definition; Truth Commissions: A Tenuous Relationship with International Criminal Law?; Article 16; Article 17; Article 53; Conclusion; References; Chapter 7: Legal Assumptions and Unintended Meanings Before International and Hybrid Criminal Courts: Effects on Trial Proceedings and Defense Rights; Multilayered Interpretation and Translation in International Criminal Law.