Universal jurisdiction in international criminal law : the debate and the battle for hegemony /

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Bibliographic Details
Author / Creator:O'Sullivan, Aisling.
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
Hidden Bibliographic Details
ISBN:9781138123946
1138123943
1315648504
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.

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