Download e-book for iPad: Humanity's Law by Ruti Teitel

By Ruti Teitel

ISBN-10: 0195370910

ISBN-13: 9780195370911

In Humanity's Law, popular felony pupil Ruti Teitel deals a strong account of 1 of the crucial modifications of the post-Cold battle period: the profound normative shift within the foreign felony order from prioritizing country defense to holding human protection. As she demonstrates, courts, tribunals, and different foreign our bodies now depend on a humanity-based framework to evaluate the rights and wrongs of clash; to figure out no matter if and the way to intrude; and to impose responsibility and accountability. Cumulatively, the norms characterize a brand new legislations of humanity that spans the legislation of battle, overseas human rights, and overseas felony justice. Teitel explains how this framework is reshaping the discourse of overseas politics with a brand new method of the administration of violent clash.

Teitel keeps that this framework is such a lot obviously at paintings within the jurisprudence of the tribunals-international, neighborhood, and domestic-that are charged with determining disputes that frequently span problems with inner and foreign clash and defense. The booklet demonstrates how the humanity legislation framework connects the mandates and rulings of various tribunals and associations, addressing the fragmentation of worldwide criminal order.

Comprehensive in method, Humanity's Law considers felony and political advancements on the topic of violent clash in Europe, North the USA, South the USA, and Africa. This interdisciplinary paintings is vital interpreting for a person trying to seize the momentous alterations taking place in worldwide affairs because the administration of clash is more and more pushed by way of the claims and pursuits of individuals and peoples, and country sovereignty itself is remodeled.

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Humanity rights, as such, were still not considered to be the subject of positive international law. The turning point occurs at the postwar Nuremberg Trials, where the three strands of humanity law appear to converge for the first time. To T H E FA C E S OF H U M A N I T Y ( 29 ) some extent, this moment presents a return to the early classical international law vision, which emphasizes justice in the initiation of war; but the trials go beyond the justice of war: They amount to a crossroads in the three bodies of law at stake, as they imply the existence of a later modern doctrinal evolution in the actual application of punishment as to the forms of waging war.

A possibility is glimpsed of understanding international society as a universal community of peoples that underpins and shapes interstate relations—but that very possibility is submerged when state sovereignty is given primacy at Westphalia, and in the theory of Vattel and his successors. As the humanity law framework is extended to ever broader populations— populations that are often caught up in conflict, or otherwise displaced— contemporary manifestations of international rights regulation are predominantly humanitarian in character.

18 Chapter 8, building on the argument of the prior chapters, seeks to distill the normative contours and significance of humanity law. It explores the implications of the shift to a humanity-centered discourse, and humanity-centered values and institutions, for contemporary international politics. In particular, it focuses on the role of judgment and of interpretation in clarifying humanity law norms in an ongoing way. Beyond the role of judgment, chapter 8 examines the parameters of the basis for the rule of law—moving beyond the state to the protection of persons and peoples—and it shows how these policy decisions forge an evolving conception of international society.

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Humanity's Law by Ruti Teitel


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