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Chapter

Cover The Politics of International Law

13. International criminal justice  

From Nuremberg to the International Criminal Court

This chapter assesses whether international politics can be conducted in the courtroom. It begins with an analysis of the post-Second World War Nuremberg tribunal. While flawed in many ways, these proceedings marked a significant change in thinking about international crimes and individual responsibility. Though the onset of the Cold War prevented the translation of the Nuremberg legacy into more permanent, treaty-based international institutions, the ideas Nuremberg incubated were to have a lasting impact on international law. As in so many other areas of international law and international politics, the end of the Cold War was a watershed. The 1990s saw the revival of ad hoc international criminal tribunals, most notably the International Criminal Tribunal for Yugoslavia and the International Criminal Tribunal for Rwanda. The chapter then examines the International Criminal Court, which is, in many ways, the culmination of efforts to institutionalize international criminal justice.

Chapter

Cover Global Politics

8. International Law  

This chapter describes the broad challenges involved in establishing global order under conditions of anarchy through international law. The fact that there is no world government with powers akin to national governments means that maintaining cooperative relations between and among states is always a careful balancing act, given the problem of enforcing international law in the absence of a single, overarching sovereign authority. The chapter looks at law in the global sphere through the notion of rule of law. It then considers the emergence of international law in broad historical perspective. Moving on to international law in the twentieth century, and up to the present period, the chapter examines the nature of treaties, charters, and covenants which operate in multiple issue areas from postal services, trade, and aviation to communications, the environment, and human rights. It also focuses on two major international courts: the International Court of Justice (ICJ) and the International Criminal Court (ICC). Finally, the chapter reflects on how the principles and practices of a rules-based international order are faring in the contemporary period with a focus on Russia, China, and the US.

Chapter

Cover The Institutions of the European Union

7. The Court of Justice of the European Union:  

a quiet leader

Sabine Saurugger and Fabien Terpan

The Court of Justice of the European Union (CJEU) is one of the key institutions in the European political system, and amongst the less well known. Described as one of the most powerful international courts, and perceived as one of the reasons the UK left the European Union (EU) (their main argument being that they did not want to be held to account by an unelected and non-British court), the Court continues to be shrouded in mystery. The aim of this chapter is to facilitate an understanding of the structure, history, and workings of this Court, as a key actor in the EU’s institutional system. As such, it is not only a judicial actor but a ‘political’ actor too. Its constitutional role, as well as its role during the economic and financial crisis, illustrates these multiple facets.

Chapter

Cover Origins and Evolution of the European Union

7. Under the Shadow of Stagflation  

European Integration in the 1970s

Richard T. Griffiths

This chapter examines European integration during the 1970s. The 1970s is often portrayed as a dismal decade in the history of European integration, when the European Community (EC) experienced severe turbulence as it digested Britain's accession and was buffeted by the global economic downturn. Stagflation and Eurosclerosis — sluggish economic growth combined with institutional immobility — ensued. At the same time, however, the Community developed in important ways. The European Court of Justice generated an impressive body of case law, and the EC coped with the challenges of enlargement, the break-up of the international monetary system, and the consequences of slower economic growth. The chapter rejects the notion that the 1970s was a dismal decade in the history of European integration and describes it as a transitional period between the launch of the Community in the 1960s and the acceleration of European integration in the 1980s.

Chapter

Cover Human Rights: Politics and Practice

9. Global Civil Society and Human Rights  

Marlies Glasius and Doutje Lettinga

This chapter examines the relationship between global civil society (GCS), defined as ‘people organizing to influence their world’, and the normative ideal of a ‘global rule-bound society’. It first explains the concept of GCS before discussing some of the GCS actors involved in human rights issues, with a particular focus on their background, methods, and influence. It then decribes three kinds of activities of individuals and organizations in civil society in relation to human rights corresponding to three different phases: shifting norms, making law, and monitoring implementation. These activities are illustrated with two case studies: norm-shifting activities in relation to economic and social rights, and lawmaking and monitoring activities in relation to the International Criminal Court.

Chapter

Cover Contemporary Terrorism Studies

24. International Organizations and Counter-Terrorism  

Christian Kaunert and Ori Wertman

This chapter outlines the role of international organizations in battling terrorism. Cross-border cooperation became vital when transnational and global terrorist threats increased. Additionally, the range of legal powers between different international organizations is substantial. The chapter then looks at the counterterrorism efforts, challenges, and success within the United Nations (UN), Association of Southeast Nations (ASEAN), European Union (EU), and the North-Atlantic Treaty Organisation (NATO). It then notes the modalities of counterterrorism cooperation amongst international organizations. The European Court of Justice has shown its willingness to prioritize European interests over global interests, the chapter argues. Meanwhile, NATO-EU counter-terrorism cooperation has mainly improved with respect to areas such as maritime security and cybersecurity.

Chapter

Cover Contemporary Security Studies

10. Human Security  

Randolph B. Persaud

This chapter examines the concept of human security. It does so in descriptive, analytical, and empirical terms, drawing on both the scholarly and policy-relevant literatures. The chapter describes the development of human security, with references to the academic literature where necessary. Accordingly, the emergence, contribution, and impact of the most important drivers of human security, especially in institutional terms, are examined. These include the 1994 UNDP Human Development Report (HDR), the Commission for Human Security, the International Commission on Intervention and State Sovereignty, the Millennium Development Goals, and the International Criminal Court. The chapter takes up a recurring question about the newness of human security by looking at its intellectual and institutional genealogy. The chapter provides a detailed overview of the most trenchant critiques of human security. These critiques are placed into the following categories—too broad to be useful; national interest and co-optation; reformist tool of global capitalism; and neo-colonialism.

Chapter

Cover Human Rights: Politics and Practice

10. Human Rights and Religion  

Roja Fazaeli

This chapter examines the ways in which theoretical and practical relationships between religion and human rights are constructed and understood. It begins with a historical background on the relationship between religion and human rights, focusing on religious traditions from which human rights discourses have inherited or rejected a number of ideas; one is the tradition of natural rights, which was debated throughout the Enlightenment. It then considers the formation of the international human rights system, along with contemporary concerns regarding religion and human rights such as the treatment of women, religious expression and rights claims in multicultural contexts, and the significance of religious symbols. It also discusses questions of religious authority and concludes with a review of two European Court of Human Rights (ECHR) cases that demonstrate growing edges for questions of human rights and religion: the Lautsi case and the Şahin case.

Chapter

Cover Foreign Policy

15. Canada and antipersonnel landmines  

The case for human security as a foreign policy priority

Lloyd Axworthy

This chapter examines the impact of the Ottawa Process on the use of antipersonnel landmines as well as its significance to foreign policy analysis. The Ottawa Process led to the signing of an international treaty to ban the use and trading of landmines in 1997. It also contributed to the concept of human security and the emerging global principle of responsibility to protect. The chapter first considers the dynamic between governments and non-governmental organizations (NGOs) leading up to the launch of the Ottawa Process before discussing how middle power countries worked with NGOs and used soft power diplomacy to achieve a ban on landmines. It also explores the utility of the Ottawa Process as a model for recent international efforts, including the Commission on Intervention and State Sovereignty, the establishment of the International Criminal Court, and the treaties on cluster munitions and the trade in small arms.