Universal jurisdiction in international criminal law : the debate and the battle for hegemony /
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Author / Creator: | O'Sullivan, Aisling. |
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Imprint: | Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2017. ©2017 |
Description: | xii, 222 pages ; 24 cm. |
Language: | English |
Series: | Routledge research in international law Routledge research in international law. |
Subject: | |
Format: | Print Book |
URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/11410687 |
ISBN: | 9781138123946 1138123943 1315648504 |
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Notes: | Includes bibliographical references and index. |
Summary: | "This book explores the debate over universal jurisdiction in international criminal law, aiming to unpack a practice in which international lawyers continue to disagree over the concept of universal jurisdiction. Using Martti Koskenniemi's work as a foil, this book exposes the argumentative techniques in operation in national and international adjudication since the 1990s. Drawing on overarching patterns within the debate, [the author] argues that it is bounded by a tension between contrasting political preferences or positions, labelled as moralist ('ending impunity') and formalist ('avoiding abuse') and she reads the debate as a movement of hegemonic and counter-hegemonic positions that struggle for hegemonic control. However, she draws out how these positions (moralist/formalist) merge into one another and this produces a tendency towards a "middle" position that continues to prefer a particular preference (moralist or formalist). Aisling O'Sullivan then traces the transformation towards this tendency that reflects an internal split among international lawyers between building a utopia ("court of humanity") and recognizing its impossibility of being realized. |
![Ernst Wilfred Puttkamer, J.D. '17 Professor of Law, 1920-1956 Library Fund in Criminal Law bookplate](https://www.lib.uchicago.edu/bookplates/putt-full.jpg)
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