Governance, Order, and the International Criminal Court: Between Realpolitik and a Cosmopolitan…

Hardcover | July 6, 2009

EditorSteven C. Roach

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How has the International Criminal Court (ICC) been able to evolve into a fairly effective, albeit relatively untested multi-level model of global governance? This volume explores this question and the novel predicament it represents for understanding the challenges of extending globalgovernance and promoting global justice. It focuses on the novel dynamics and design of the ICC and the role played by realpolitik factors such as the UN Security veto and intra-state competition in shaping and testing the cosmopolitan dimensions of the Court. To study these focal points and tounderstand the political challenges shaping the policies of the ICC, the book adopts a synergistic model based on four levels of responsibility, ranging from the state's negative responsibility not to harm its own citizens to the positive, open-ended global responsibility of the ICC Prosecutor. Themodel offers the basis of the book's cutting-edge, innovative approach, a "cosmopolitan political realism" , which encompasses and interweaves four International Relations theoretical perspectives: rationalism, constructivism, communicative action theory, and cosmopolitanism. Guiding this model isthe metaphor of the switch levers of train tracks, in which the Prosecutor and Judges serve as the agents switching (and criss-crossing) the tracks of realpolitik and cosmopolitanism. With this visual aid, the volume shows just how the ICC has become one of the most intriguing points of intersectionbetween law, politics, and ethics.

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How has the International Criminal Court (ICC) been able to evolve into a fairly effective, albeit relatively untested multi-level model of global governance? This volume explores this question and the novel predicament it represents for understanding the challenges of extending globalgovernance and promoting global justice. It focuses...

Dr. Steven Roach is Assistant Professor in the Department of Government and International Affairs at the University of South Florida. His research interests focus on the intersection of international law and politics, critical theory, and global governance. He is the author of Critical Theory of International Politics (forthcoming 200...

other books by Steven C. Roach

Politicizing the International Criminal Court: The Convergence of Politics, Ethics, and Law
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Kobo ebook|Aug 24 2006

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Format:HardcoverDimensions:264 pages, 9.21 × 6.14 × 0.98 inPublished:July 6, 2009Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199546738

ISBN - 13:9780199546732

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Table of Contents

Part I. Realpolitik and Rationalism1. Charles A. Smith and Heather M. Smith: Embedded Realpolitik? Re-evaluating United States' Opposition to the International Criminal Court2. Eric K. Leonard and Steven C. Roach: From Realism to Legalization: A Rationalist Assessment of the International Criminal Court and its Role in the Democratic Republic of CongoPart II: Constructivism, Legitimacy, and Collective Accountability3. Caroline Fehl: Explaining the International Criminal Court: A Practice Test for Rationalist and Constructivist Approaches4. Michael J. Struett: The Politics of Discursive Legitimacy: Understanding the Implications of Prosecutorial Discretion at the ICC5. Jason G. Ralph: Anarchy is What Criminal Lawyers and other Actors Make of it: International Criminal Justice as an Institution of International and World societyPart III: Cosmopolitanism and Global Order6. Patrick Hayden: Political Evil, Cosmopolitan Realism, and the Normative Ambivalence of the International Criminal Court7. Antonio Franceschet: Four Cosmopolitan Projects: the International Criminal Court in Context8. Amy E. Eckert: The Cosmopolitan Test: Universal Morality and the Challenge of the Darfur Genocide9. Steven C. Roach: Justice of the Peace? Future Challenges and Prospects for a Cosmopolitan Court