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Chapter 1 starts by illustrating the puzzle of American antagonism to the ICC. It then introduces the book’s three main questions: Why does the US fear the ICC? When, exactly, does the US oppose the ICC? And does the ICC’s track record justify American hostility? The rest of the chapter previews the book’s arguments, explains why the US–ICC relationship is of crucial importance for policymakers, and discusses how the book provides new insights into some of the big questions in international relations.
The United States has traditionally been a great promoter of international justice – forging the Nuremberg and Tokyo tribunals after World War II and leading the way in creating tribunals to address genocides in Yugoslavia and Rwanda after the Cold War. Yet the US views the International Criminal Court – the culmination of the tribunal-building process – as a dire threat. The US voted against its establishment, passed legislation threatening to invade The Hague, and tried to destroy the ICC with economic sanctions. Delving into the uneasy relationship between the world's superpower and one of its most prominent international institutions, Above the Law explains how the desire to shield American soldiers from unwanted ICC scrutiny is the ultimate source of tension. Offering a sophisticated analysis of the ICC's track record that shows how American fears are overblown, Daniel Krcmaric argues that a more cooperative US policy toward the ICC would benefit both sides.
In the post–Cold War era, many authoritarian regimes engaged in strategic liberalization in response to international norms promoted by Western powers. As US support for democracy and human rights recedes, will this retreat prompt a global rollback of liberal reforms? While pessimistic accounts predict a return to overt repression, we argue that liberal norm adaptation within autocracies is likely to prove more resilient. We highlight two sources of continuity. First, autocrats’ domestic control strategies create incentives to retain certain liberal practices—such as elections, gender reforms, or limited media openness—that bolster legitimacy, co-opt dissent, and help manage opposition. Second, reforms anchored in treaties, international organizations, and domestic bureaucracies have generated expectations and mobilizational platforms, making wholesale reversals politically costly and prone to backlash. Our analysis illustrates how reforms, even when adopted instrumentally, have become sufficiently embedded in domestic politics to persist in the absence of strong external enforcement.
In the contemporary era, territorial conquest has been seen as illegitimate and has taken place in only limited ways. According to an influential narrative in scholarship and public debate, this “territorial integrity norm” is a product of the post-World War II international order and contrasts with the nineteenth century, when conquest was normalized and “might made right.” This essay argues, however, that nineteenth-century European international law imposed meaningful limitations on conquest, including “territorial inviolability.” These limitations were more effective in the colonized world than in Europe, primarily because national irredentism was not thought relevant outside Europe. Europeans’ denial of non-European sovereignty contrasted with their respect for European-established colonial boundaries, and they did not fight over colonial territory between 1815 and 1914. I demonstrate the strength of this “etiquette of thieves” by examining two events where territorial conflict between colonial powers was narrowly avoided: the Panjdeh (1885) and Fashoda (1898) incidents. Viewing territorial integrity as qualitatively changing, rather than absent at one time and present later, has important implications for discussions of how recent conquests, such as those of Russia in Ukraine, will affect the principle of territorial integrity. In particular, territorial integrity may be more likely to be altered in how it is applied than eroded altogether. A specific form of territorial integrity is an integral part of the post-World War II international order, but constraints on conquest as such need not be limited to that specific version of territorial integrity.
Beginning with a discussion of the right to strike in international law, the chapter explains how most industrial action was regarded as a tortious wrong. Statute provides a limited immunity for trade unions and their officials for industrial action that is part of a trade dispute. In order to obtain that immunity in tort, trade unions must carry out a secret ballot of the members to demonstrate that there is majority support for a strike. Apart from the foregoing, this chapter also examines legal restrictions on secondary action and picketing, and concludes with a discussion of the limited impact of the Human Rights Act 1998 on the scope of the right to strike in British law.
This chapter analyzes the development of discourses on human rights and on inequality from 1962 until 1974 through the lens of Manouchehr Ganji, an Iranian human rights scholar and UN Special Rapporteur. Where other scholars have examined Ganji’s report The Widening Gap from 1973 with a key focus upon its impact within the UN, this chapter contextualizes the report in three novel ways, bringing in his 1962 doctoral dissertation not previously studied in the research literature; connecting it to how inequality became a major theme in the late 1960s and early 1970s broadly across development discourse, and to how human rights increasingly were deployed to denounce inequality; and, finally, by discussing these developments with regard to recent discussions of the historical relationships between human rights, inequality, and neoliberalism. Crucially, beyond the singularity of the one individual studied most in this chapter stands a much more general and pertinent point: The human rights project in 1973 was an ambitious anti-inequality project. It was a structural approach to human rights, aiming at undoing deeper within- and between-nation inequalities.
This chapter examines the sources of law IATs are applying, grouping these sources into two substantially different categories: ‘self-contained’ and ‘universalizing’ sources. The self-contained sources of international administrative law are those which are specific to a given organization, including the contract of employment; the staff regulations and staff rules; the bulletins, circulars, manuals, and issuances of the organization; the constituent instrument of the organization; decisions and resolutions of the plenary organ of the organization or other decision-making body; and the practice of the organization. The chapter then examines the ‘universalizing’ sources of international administrative law, which are those sources, referred to with increasing frequency, which are ‘outward-looking’ and thus may be applied in common by multiple IATs. These include general principles of law, international law, and decisions of other international administrative tribunals, the latter to be referred to herein as ‘cross-fertilization’. As a result of these ‘universalizing’ sources, this chapter concludes that a universal law of internal justice has begun to crystalize.
This Article brings together two important concepts in international law scholarship that have thus far been studied in isolation from each other: reputation and interpretation. Interesting insights lie hidden in their overlap. While interpretation is still commonly perceived as a sterile exercise in “legal logic,” the Article suggests that it is often better studied as a social practice, within which the relationships between the interpreters that are arguing with each other frequently matter as much as the arguments themselves. The Article therefore suggests a new way of looking at interpretation in international law: Interpretation as a practice of reputation management, where collective actors like states present themselves to others in the interpretations they adopt, and are evaluated by various audiences on the basis of these interpretations. The main argument can be summarized like this: If international law is relatively indeterminate, interpretation is a situated choice. By making that choice, an interpreter reveals something fundamental about itself to its audiences. Interpreters therefore carefully manage their interpretive expressions out of a desire to be well-regarded by these audiences. This phenomenon of reputation management has important implications for the practice of interpretation in international law.
Accessible and engaging, The Politics of Human Rights offers a fresh, empirical approach to understanding human dignity and the global responsibility to protect it. Unlike traditional texts, this textbook moves beyond theory, using data-driven insights to explore why human rights violations occur and how they can be prevented. It emphasizes shared responsibility across borders to uphold human rights. Designed for students and educators, this fully updated edition enhances learning with discussion questions, recommended readings, and a unique collection of films, podcasts, and websites that bring human rights issues to life. It provides a well-rounded perspective, grounded in latest social scientific research, for anyone interested in human rights. Whether used for introductory courses or interdisciplinary studies, this book equips readers with the knowledge and tools to critically engage with human rights issues, making it an essential resource for understanding and advocating for human dignity in the twenty-first century.
In this paper, we detail and critique dominant narratives of war crime apologia. These narratives portray the circumstances of a war crime, the perpetrator’s character and motives, and the broader context in which the crime occurred, in ways that minimise or negate the perpetrator’s moral, and sometimes legal, blameworthiness. In section one, we identify and critique three broad categories: (1) individualising narratives (‘uncommon practice’), (2) excusatory narratives (‘essence of war’), and (3) justificatory narratives (‘tragic necessity’). Drawing on a range of real world examples, we outline the features of these narratives and the underlying theory of moral responsibility and blameworthiness on which they implicitly depend. In section two, we elucidate the role of these narratives in the promotion and perpetuation of socially, politically, and legally harmful attitudes towards war crimes. By advancing self-serving perpetrator-centric views about responsibility and blame, these narratives cultivate a cultural and legal toleration and, in some cases, celebration, of atrocity. They also perpetuate a distorted image of war itself, as a space that cannot accommodate moral and legal restraints. This image of war, we argue, weakens the post-Geneva consensus about the reach and limits of battlefield violence and makes the future commission of war crimes more likely. In conclusion, we consider how these narratives could be challenged within military institutions, and in the political and social realm.
Despite Taiwan’s exclusion from many treaty regimes, Taiwan’s Constitutional Court (TCC) has at times cited international law, particularly international human rights norms. To analyse the authority and influence of these citations, this article proposes a typology along two dimensions: legal effect (whether the Court treats international norms as legally binding or merely advisory) and impact level (whether international norms are used to reaffirm or alter existing constitutional jurisprudence, or to guide future developments). Applying this framework reveals that the TCC’s traditional tendency to treat international norms as non-binding and reaffirming is evolving. In recent years, the TCC has increasingly invoked international law to articulate new rights protections and has begun to recognise its legal authority, suggesting a deeper engagement. Beyond the case study of Taiwan, this typology offers an analytical tool for distinguishing varying degrees of judicial engagement with international law and for underscoring the evolving nature of such engagement.
International law arose in the mid nineteenth century when European powers determined to codify and formalize customary law, to restrain the use of violence in armed conflict, and to create certain protected categories of people. The Hague and Geneva Conventions formed the core of the emerging laws of war and international humanitarian law. While the Conventions have been breached at times, they still form one of the most widely accepted and long-standing aspects of international law. International humanitarian law and laws of war clarify and formalize the differentiation between civilians and combatants, regular and irregular forces, lawful and unlawful combatants. While international laws attempt to make the demarcation of these boundaries as precise as possible, the realities of war always undermine and undo such delineation efforts. Recently, there have been increasing efforts to regulate these gray areas and create international laws and agencies to regulate groups that elude classification.
The chapter offers an introduction to the historical intertwinings of human rights and global population control efforts from the 1940s to the mid-1990s. It describes the aim of the book to investigate how human rights language was strategically employed to justify and implement large-scale family planning programs worldwide. The introduction highlights the complex interactions between individual and collective rights that will be explored throughout the book, including in case studies involving countries like India, Ireland, the United States, and Yugoslavia. The introduction also addresses contemporary challenges and debates surrounding population growth, environmental concerns, and reproductive rights. By analyzing the historical evolution of human rights discourse in the context of population control, the introduction describes the aim of the book as shedding light on the nuanced relationship between individual freedoms, societal well-being, and the ethical considerations inherent in global reproductive policies.
The chapter analyzes the crisis and expansion of human rights in the 1970s as a dual phenomenon of the population control movement. It explores the disillusionment among population control activists due to the failure to achieve desired fertility rate reductions despite international efforts. The chapter highlights the shift in perspectives on the human rights framework for population control, with criticisms emerging from various actors including demographers, sociologists, and international organizations. The chapter also discusses the emergence of new actors such as the women’s movement in advocating for human rights in family planning. It argues that UN reports on family planning were shaped by conflicting political imaginaries between UN member states along Cold War and North–South divides. Furthermore, it delves into the debates among international lawyers regarding coercion, national sovereignty, and the role of international law in addressing population growth. It argues that international lawyers saw the legal regulation of population control as a test of the effectivness of international law as such.
International security is an ambiguous concept – it has many meanings to many people. Without an idea of how the world works, or how security is defined and achieved, it is impossible to create effective policies to provide security. This textbook clarifies the concept of security, the debates around it, how it is defined, and how it is pursued. Tracking scholarly approaches within security studies against empirical developments in international affairs, historical and contemporary security issues are examined through various theoretical and conceptual models. Chapters cover a wide range of topics, including war and warfare, political violence and terrorism, cyber security, environmental security, energy security, economic security, and global public health. Students are supported by illustrative vignettes, bolded key terms and an end-of-book glossary, maps, box features, discussion questions, and further reading suggestions, and instructors have access to adaptable lecture slides.
This book presents readers with a new theory and practice of international human rights law that is designed to improve its protection of the environmental rights of future generations. Arguing that international law is currently unable to safeguard future generations from foreseeable environmental harm, Bridget Lewis proposes that the law needs to be reformed in the interests of achieving intergenerational justice. The book draws on different theories of intergenerational responsibility to articulate a fresh approach, revising both substantive principles of environmental rights and procedural rules of admissibility and standing. It looks at several case studies to explore how the proposed new approach would apply in relation to contemporary environmental challenges like fracking, deep seabed mining, nuclear energy, decarbonisation and geoengineering.
Concerns about global overpopulation spread rapidly in the 1940s and still persist today. The UN Resolution on Human Rights and Family Planning (1968) provided justifications for the argument that population growth endangered the realization of human rights and codified a right to contraception to halt this growth. Conversely, human rights were also invoked on the other side of this debate, with family planning regarded as an essential individual right independent of demographic considerations. Roman Birke explores how human rights became central to this debate, utilised by international actors including NGOs, the women's movement, international lawyers, and institutions such as the United Nations. He analyses how couples' intimate choices related to domestic and international policy, and how this varied across the world, through case studies of India, Ireland, the USA, and Yugoslavia. This is an essential contribution to the evolving literature on the role of reproductive politics in global political landscapes.
The relationship between One Health and human rights is both symbiotic and antagonistic. The objectives of One Health align with human rights to the extent that they advance specific rights, particularly the rights to life and health. One Health also promotes human dignity, the foundation of human rights, by improving environmental conditions and addressing threats to health that impact people’s lives. Yet the inherent anthropocentrism of human rights sits uneasily with One Health’s commitment to human, animal, and environmental health. The growing field of environmental human rights may offer some way forward for resolving this tension and advancing the legal framework for One Health, while also highlighting some of the potential pitfalls along the way. Early environmental human rights positioned the environment as a precondition for the enjoyment of human rights. More recently the right to a healthy environment has been recognised more widely, expanding the potential for human rights objectives to include protection of environmental health, and perhaps also animal health. This chapter will explore the lessons that human rights law might offer and the potential for the right to a healthy environment to temper the anthropocentrism of human rights in a way that better promotes the triple objectives of One Health.
Although international legal scholars have never captured or paid attention to the epistemology of the secret at work in international legal thought of practice, the idea of secret has not been totally absent from international legal thought. For instance, international legal scholars have occasionally mobilized the idea of the hermeneutics of suspicion to describe the way in which certain scholars dismiss opponents’ arguments to be ideologically or politically motivated wrong postures as opposed to scientifically valid positions. Likewise, a lot of scholarly works have been focused on the secretive and undisclosed practices which are supposedly at work in various international legal processes. This chapter reviews these contemporary engagements by international lawyers with the idea of secret in international law.
During the Symposium held in Manhattan in 2004 coining the One Health approach, the role of environmental law was underlined. The IUCN Commission on Environmental Law, through its representative from Southeast Asia, insisted on the importance of biodiversity conservation and the protection of wildlife while massive culling measures were taken to counteract zoonotic diseases. In this chapter we will show how the development of the One Health approach has been historically favoured by environmental law, acknowledging the interactions between health and biodiversity. We will detail how it has spread into the multilateral environmental agreements in relation to biodiversity conservation and how the environmental protection arena has evolved quite independently from the health sector in implementing the One Health approach until UNEP joined the FAO-OIE (WOAH)-WHO forces and the input from the OHHLEP (One Health High Level Expert Panel) in that respect. We will conclude with examples of One Health implementation in relation to environmental law, whether they concern research projects or training, notably in Southeast Asia.