This book examines the extraordinary range of executive and prerogative powers, emergency legislation, martial law provisos and indemnities in countries with English-derived legal systems, primarily the UK, the US and Australia. The author challenges attempts by legal and academic theorists to relativise, rationalise, legitimise or propose supposedly safe limits for the use of emergency powers, especially since the September 2001 terrorist attacks.
This volume also considers why the reputation of Carl Schmitt, the best-known champion of 'exceptional' dictatorial powers during the post-1919 Weimer Republic in Germany, and who later enthusiastically served and sanctified the Nazi dictatorship, is being rehabilitated, and examines why his totalitarian doctrines are thought to be of relevance to modern society.
This diverse book will be of importance to politicians, the media, the legal profession, as well as academics and students of law, humanities and politics.
From the Trade Paperback edition.
Newton was in Baghdad in December 2003 when the Tribunal was announced and Saddam was captured. In the following months, Scharf and Newton helped write the rules of the Tribunal, conducted a mock trial in (perhaps appropriately) Stratford-upon-Avon, England, and provided legal analysis on dozens of issues. Newton then returned to Baghdad several times during the trial and appeal. Now, from its two shapers, comes the fascinating inside story of the trial and execution of Saddam Hussein and the attempt to bring the rule of law to post-invasion Iraq.
In 1494, award-winning author Stephen R. Bown tells the untold story of the explosive feud between monarchs, clergy, and explorers that split the globe between Spain and Portugal and made the world's oceans a battleground.
When Columbus triumphantly returned from America to Spain in 1493, his discoveries inflamed an already-smouldering conflict between Spain's renowned monarchs, Ferdinand and Isabella, and Portugal's João II. Which nation was to control the world's oceans? To quell the argument, Pope Alexander VI—the notorious Rodrigo Borgia—issued a proclamation laying the foundation for the Treaty of Tordesillas of 1494, an edict that created an imaginary line in the Atlantic Ocean dividing the entire known (and unknown) world between Spain and Portugal.
Just as the world's oceans were about to be opened by Columbus's epochal voyage, the treaty sought to limit the seas to these two favored Catholic nations. The edict was to have a profound influence on world history: it propelled Spain and Portugal to superpower status, steered many other European nations on a collision course, and became the central grievance in two centuries of international espionage, piracy, and warfare.
The treaty also began the fight for "the freedom of the seas"—the epic struggle to determine whether the world's oceans, and thus global commerce, would be controlled by the decree of an autocrat or be open to the ships of any nation—a distinctly modern notion, championed in the early seventeenth century by the Dutch legal theorist Hugo Grotius, whose arguments became the foundation of international law.
At the heart of one of the greatest international diplomatic and political agreements of the last five centuries were the strained relationships and passions of a handful of powerful individuals. They were linked by a shared history, mutual animosity, and personal obligations—quarrels, rivalries, and hatreds that dated back decades. Yet the struggle ultimately stemmed from a young woman's determination to defy tradition and the king, and to choose her own husband.
The first fundamental truth about the "Arab Spring" is that there never was one. The salient fact of the Middle East, the only one, is Islam. The Islam that shapes the Middle East inculcates in Muslims the self-perception that they are members of a civilization implacably hostile to the West. The United States is a competitor to be overcome, not the herald of a culture to be embraced.
Is this self-perception based on objective truth? Does it reflect an accurate construction of Islam? It is over these questions that American officials and Western intellectuals obsess. Yet the questions are irrelevant. This is not a matter of right or wrong, of some posture or policy whose subtle tweaking or outright reversal would change the facts on the ground. This is simply, starkly, the way it is.
Every human heart does not yearn for freedom. In the Islam of the Middle East, "freedom" means something very nearly the opposite of what the concept connotes to Westerners – it is the freedom that lies in total submission to Allah and His law. That law, sharia, is diametrically opposed to core components of freedom as understood in the West – beginning with the very idea that man is free to make law for himself, irrespective of what Allah has ordained. It is thus delusional to believe, as the West's Arab Spring fable insists, that the region teems with Jamal al-Madisons holding aloft the lamp of liberty. Do such revolutionary reformers exist? Of course they do . . . but in numbers barely enough to weave a fictional cover story. When push came to shove – and worse – the reformers were overwhelmed, swept away by a tide of Islamic supremacism, the dynamic, consequential mass movement that beckons endless winter.
That is the real story of the Arab Spring – that, and the Pandora's Box that opens when an American administration aligns with that movement, whose stated goal is to destroy America.
Barnett and Finnemore reinterpret three areas of activity that have prompted extensive policy debate: the use of expertise by the IMF to expand its intrusion into national economies; the redefinition of the category "refugees" and decision to repatriate by the United Nations High Commissioner for Refugees; and the UN Secretariat's failure to recommend an intervention during the first weeks of the Rwandan genocide. By providing theoretical foundations for treating these organizations as autonomous actors in their own right, Rules for the World contributes greatly to our understanding of global politics and global governance.
Such an approach will be sceptical rather than cynical, intending to provide the means by which the role of international law may be evaluated. This entails discussion of the legal quality of international law; of the relationship between the academic disciplines of international law and international relations; of the apparent 'Eurocentricity' of international law, and of the relationship between political power and the ability to use or abuse (or ignore) international law.
Underlying the book is the assertion that international law is political in content (in the sense of being concerned with the exercise of power) but that it draws much of its effectiveness from its self-portrayal as being apolitical, or at least politically neutral.
With The Seductions of Quantification, leading legal anthropologist Sally Engle Merry investigates the techniques by which information is gathered and analyzed in the production of global indicators on human rights, gender violence, and sex trafficking. Although such numbers convey an aura of objective truth and scientific validity, Merry argues persuasively that measurement systems constitute a form of power by incorporating theories about social change in their design but rarely explicitly acknowledging them. For instance, the US State Department’s Trafficking in Persons Report, which ranks countries in terms of their compliance with antitrafficking activities, assumes that prosecuting traffickers as criminals is an effective corrective strategy—overlooking cultures where women and children are frequently sold by their own families. As Merry shows, indicators are indeed seductive in their promise of providing concrete knowledge about how the world works, but they are implemented most successfully when paired with context-rich qualitative accounts grounded in local knowledge.
Drawing on extensive research and illuminating personal experience, Sikkink reveals how the stunning emergence of human rights prosecutions has come about; what effect it has had on democracy, conflict, and repression; and what it means for leaders and citizens everywhere, from Uruguay to the United States. The Justice Cascade is a vital read for anyone interested in the future of world politics and human rights.
The authors challenge students to gain knowledge of international and comparative criminal justice issues and think about them in a critical manner. It has become difficult to ignore the global and international dimensions of criminal justice and criminology and this text aims to enhance criminal justice education by focusing on some of the issues engaging criminology worldwide, and to prepare students for a future where fields of study like transnational crime are unexceptional.
New to this edition:
- updates to include numerous new cases
- completely reworked sections on standards of treatment
- new Q&A section to capture practitioner views.
• balance of cases and explanatory comment familiarises students with reading opinions and enables them to grasp the core concepts at stake
• concise – suitable for one-semester course for non-specialists or as a first text for students who will take further specialised courses in the area
• excerpts from the most influential arbitration decisions outline differing interpretations and ensure students don’t learn in a theoretical vacuum
• questions throughout encourage readers to come to their own opinions.
In Corporate Warriors, Singer provides the first account of the military services industry and its broader implications. Corporate Warriors includes a description of how the business works, as well as portraits of each of the basic types of companies: military providers that offer troops for tactical operations; military consultants that supply expert advice and training; and military support companies that sell logistics, intelligence, and engineering.
This updated edition of Singer's already classic account of the military services industry and its broader implications describes the continuing importance of that industry in the Iraq War. This conflict has amply borne out Singer's argument that the privatization of warfare allows startling new capabilities and efficiencies in the ways that war is carried out. At the same time, however, Singer finds that the introduction of the profit motive onto the battlefield raises troubling questions-for democracy, for ethics, for management, for human rights, and for national security.
On February 21, 2012, five members of a Russian feminist punk collective Pussy Riot staged a performance in the Cathedral of Christ the Savior in Moscow. Dressed in brightly colored tights and balaclavas, they performed their punk prayer, asking the Virgin Mary to drive out Russian president Vladimir Putin from the church. After just forty seconds, they were chased out by security. Three members of the collective, Maria Alyokhina, Nadezhda Tolokonnikova, and Yekaterina Samutsevich, known as Masha, Nadya, and Katya, were later arrested and charged with felony hooliganism motivated by religious hatred. As their trial unfolded, these young women became global feminist icons, garnering the attention and support of activists and artists around the world.
SPECIAL TO THE PRINT EDITION: New courtroom statements from October 10 appeal, and tributes by Bianca Jagger, Peaches & Simonne Jones, Tobi Vail, Barbara Browning, Vivien Goldman.
Pussy Riot! is an essential document of this galvanizing historical moment. It includes letters from prison, courtroom statements, defense attorney closing arguments, poems, the infamous punk prayer, and tributes by Yoko Ono, Johanna Fateman, Karen Finley, Justin Vivian Bond, Eileen Myles, and JD Samson.
Pussy Riot is a feminist punk performance collective based in Moscow, Russia. Founded in 2011, they perform public artistic responses to Russian politics. In February of 2012, three members of the group were arrested and charged with felony hooliganism after performing in the sanctuary of the Cathedral of Christ the Savior. Maria Alyokhina, Nadezhda Tolokonnikova, and Yekaterina Samutsevich were sentenced to two years in prison.
This book brings together a variety of disciplinary perspectives on the phenomenon of climate-induced displacement. With chapters by leading scholars in their field, it collects in one place a rigorous, holistic analysis of the phenomenon, which can better inform academic understanding and policy development alike. Governments have not been prepared to take a leading role in developing responses to the issue, in large part due to the absence of strong theoretical frameworks from which sound policy can be constructed. The specialist expertise of the authors in this book means that each chapter identifies key issues that need to be considered in shaping domestic, regional and international responses, including the complex causes of movement, the conceptualisation of migration responses to climate change, the terminology that should be used to describe those who move, and attitudes to migration that may affect decisions to stay or leave. The book will help to facilitate the creation of principled, research-based responses, and establish climate-induced displacement as an important aspect of both the climate change and global migration debates.
In 1971, President Richard Nixon coined the term “War on Drugs.” His campaign to eradicate illegal drug use was picked up by the media and championed by succeeding presidents, including Reagan. Canada was a willing ally in this “war,” and is currently cracking down on drug offences at a time when even the U.S. is beginning to climb down from its reliance on incarceration.
Elsewhere in the world, there has been a sea change. The Global Commission on Drug Policy, including international luminaries like Kofi Annan, declared that the War on Drugs “has not, and cannot, be won.” Former heads of state and drug warriors have come out in favour of this perspective. Former presidents Jimmy Carter and Bill Clinton agree with legions of public health officials, scientists, politicians, and police officers that a new approach is essential.
Paula Mallea, in The War on Drugs, approaches this issue from a variety of points of view, offering insight into the history of drug use and abuse in the twentieth century; the pharmacology of illegal drugs; the economy of the illegal drug trade; and the complete lack of success that the war on drugs has had on drug cartels and the drug supply. She also looks ahead and discusses what can and is being done in Canada, the U.S., and the rest of the world to move on from the “war” and find better ways to address the issue of illegal drugs and their distribution, use, and abuse.
Several chapters focus on the International Criminal Court, in particular its substantive jurisdiction (genocide, crimes against humanity, war crimes and aggression), modes of liability and available defenses. Additional chapters cover the purposes and procedures of extradition (and its alternatives, such as “rendition”) and mutual legal assistance (obtaining evidence abroad for use in criminal cases). Attention is also given to the major “transnational crimes,” including in particular terrorism, corruption, trafficking and organized crime. A final chapter addresses the “future” of international criminal law and alternatives to international prosecutions. The book is written so that readers will not require prior experience in the field of international law.
This book is the first to investigate all aspects of sexual crimes and the policy and management initiatives developed to address them from a transnational, global perspective. Introducing an array of new tools for reducing the prevalence and consequences of sex crimes, this volume brings together leading scholars in criminology, criminal justice, social work, and law to discuss topics ranging from sex trafficking and sex tourism to pornography, cyberstalking, and sexual abuse in the military and the Catholic church. Case studies track the reporting of these crimes, the methods used to interview victims and perpetrators, and the policies enacted to punish those involved.
Sullivan demonstrates how, during the course of the proceeding, citizens from all walks of life and religious backgrounds were harassed to define just what their religion is. She argues that their plight points up a shocking truth: religion cannot be coherently defined for the purposes of American law, because everyone has different definitions of what religion is. Indeed, while religious freedom as a political idea was arguably once a force for tolerance, it has now become a force for intolerance, she maintains.
A clear-eyed look at the laws created to protect religious freedom, this vigorously argued book offers a new take on a right deemed by many to be necessary for a free democratic society. It will have broad appeal not only for religion scholars, but also for anyone interested in law and the Constitution.