Piracy and the Origins of Universal Jurisdiction

Piracy and the Origins of Universal Jurisdiction
Author: Mark Chadwick
Publisher: BRILL
Total Pages: 290
Release: 2019-01-03
Genre: Law
ISBN: 9004390464

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In Piracy and the Origins of Universal Jurisdiction, Mark Chadwick relates a colourful account of how and why piracy on the high seas came to be considered an international crime subject to the principle of universal jurisdiction, prosecutable by any State in any circumstances.

On Stranger Tides

On Stranger Tides
Author: Mark Robert Chadwick
Publisher:
Total Pages: 218
Release: 2016
Genre: Pirates
ISBN:

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The Slave Trade and the Origins of International Human Rights Law

The Slave Trade and the Origins of International Human Rights Law
Author: Jenny S. Martinez
Publisher: OUP USA
Total Pages: 264
Release: 2012-01-04
Genre: History
ISBN: 0195391624

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There is a broad consensus among scholars that the idea of human rights was a product of the Enlightenment but that a self-conscious and broad-based human rights movement focused on international law only began after World War II. In this book, the nineteenth century's absence is conspicuous - few have considered that era seriously, much less written books on it. But as this author shows, the foundation of the movement that we know today was a product of one of the nineteenth century's central moral causes: the movement to ban the international slave trade.

UN Security Council Referrals to the International Criminal Court

UN Security Council Referrals to the International Criminal Court
Author: Alexandre Skander Galand
Publisher: BRILL
Total Pages: 278
Release: 2018-11-22
Genre: Law
ISBN: 9004342214

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Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.

The Pirate Myth

The Pirate Myth
Author: Amedeo Policante
Publisher: Routledge
Total Pages: 266
Release: 2015-01-09
Genre: Law
ISBN: 1317632532

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The image of the pirate is at once spectral and ubiquitous. It haunts the imagination of international legal scholars, diplomats and statesmen involved in the war on terror. It returns in the headlines of international newspapers as an untimely ‘security threat’. It materializes on the most provincial cinematic screen and the most acclaimed works of fiction. It casts its shadow over the liquid spatiality of the Net, where cyber-activists, file-sharers and a large part of the global youth are condemned as pirates, often embracing that definition with pride rather than resentment. Today, the pirate remains a powerful political icon, embodying at once the persistent nightmare of an anomic wilderness at the fringe of civilization, and the fantasy of a possible anarchic freedom beyond the rigid norms of the state and of the market. And yet, what are the origins of this persistent ‘pirate myth’ in the Western political imagination? Can we trace the historical trajectory that has charged this ambiguous figure with the emotional, political and imaginary tensions that continue to characterize it? What can we learn from the history of piracy and the ways in which it intertwines with the history of imperialism and international trade? Drawing on international law, political theory, and popular literature, The Pirate Myth offers an authoritative genealogy of this immortal political and cultural icon, showing that the history of piracy – the different ways in which pirates have been used, outlawed and suppressed by the major global powers, but also fantasized, imagined and romanticised by popular culture – can shed unexpected light on the different forms of violence that remain at the basis of our contemporary global order.

The African Court of Justice and Human and Peoples' Rights in Context

The African Court of Justice and Human and Peoples' Rights in Context
Author: Charles C. Jalloh
Publisher: Cambridge University Press
Total Pages: 1199
Release: 2019-05-16
Genre: History
ISBN: 110842273X

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This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.

The Enemy of All

The Enemy of All
Author: Daniel Heller-Roazen
Publisher:
Total Pages: 288
Release: 2009
Genre: History
ISBN:

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The philosophical genealogy of a remarkable antagonist: the pirate, the key to the contemporary paradigm of the universal foe. The pirate is the original enemy of humankind. As Cicero famously remarked, there are certain enemies with whom one may negotiate and with whom, circumstances permitting, one may establish a truce. But there is also an enemy with whom treaties are in vain and war remains incessant. This is the pirate, considered by ancient jurists considered to be "the enemy of all." In this book, Daniel Heller-Roazen reconstructs the shifting place of the pirate in legal and political thought from the ancient to the medieval, modern, and contemporary periods presenting the philosophical genealogy of a remarkable antagonist. Today, Heller-Roazen argues, the pirate furnishes the key to the contemporary paradigm of the universal foe. This is a legal and political person of exception, neither criminal nor enemy, who inhabits an extra-territorial region. Against such a foe, states may wage extraordinary battles, policing politics and justifying military measures in the name of welfare and security. Heller-Roazen defines the piracy in the conjunction of four conditions: a region beyond territorial jurisdiction; agents who may not be identified with an established state; the collapse of the distinction between criminal and political categories; and the transformation of the concept of war. The paradigm of piracy remains in force today. Whenever we hear of regions outside the rule of law in which acts of "indiscriminate aggression" have been committed "against humanity," we must begin to recognize that these are acts of piracy. Often considered part of the distant past, the enemy of all is closer to us today than we may think. Indeed, he may never have been closer.

The Concept of Universal Crimes in International Law

The Concept of Universal Crimes in International Law
Author: Terje Einarsen
Publisher: Torkel Opsahl Academic EPublisher
Total Pages: 361
Release: 2012-08-15
Genre: Law
ISBN: 8293081333

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This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.

The Application of Nexus to Universal Jurisdiction

The Application of Nexus to Universal Jurisdiction
Author: Jeffrey Todd Tirshfield
Publisher:
Total Pages: 320
Release: 2015
Genre: International law
ISBN: 9781321800104

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The construction of third-party jurisdictional piracy courts to address the problem of Somali piracy injected a sudden and unprecedented doctrine into---while simultaneously dismissing a canon of---international law. These courts dismissed the nexus requirement---or connection---between the seizing State and the legal apparatus used to prosecute those accused of piracy jure gentium, the original cognizable crime of universal jurisdiction. While the legal community does not appear to recognize this particular nexus requirement, its existence during over four hundred years of juridical practice and over two thousand years of social and juristic theory stands as a testament to its salience under international law. Given its history as a cornerstone of international law, the ability of powerful western States, and international organs working on behalf of those powerful western States, to delegate the prescriptive and adjudicative functions of the juridical apparatus to less-developed nations, while retaining the power of enforcement, is both remarkable and disturbing. This dissertation therefore poses two questions: First, what explains the emergence of third-party jurisdictional piracy courts in Kenya, Seychelles and Mauritius to address Somali piracy? Second, why did powerful States limit the jurisdiction of these courts to only cases of Somali piracy, when maritime piracy has been equally disruptive, and perhaps more costly, in other parts of the world? The central contention of this dissertation is that third-party jurisdictional piracy courts are a product of an international State system based on asymmetrical power relations that reflect the ability of hegemonic States to preserve their interests by selectively targeting subaltern actors. In this vein, this dissertation notes that alternatives to third-party jurisdictional piracy courts currently exist under both the law of nations and municipal law. However, extant juridical routes have the potential to expose and damage the dominance of hegemonic actors by, for example, opening them up to violations of international human-rights laws. In this light, the emergence of third-party jurisdictional piracy courts can be understood as both an affront to modern conceptions of sovereignty and the law of nations, and the normative juridical outcome of the interactions between hegemonic States and subaltern social actors.