Defending the Society of States: Why America Opposes the International Criminal Court and Its Vision of World Society

By Jason Ralph | Go to book overview
Contents
1Introduction1
The English School: A Framework for Analysis3
International and World Society13
The Argument and Chapter Outline21
2International Society—Consent and Custom as Sources of Law29
Sovereign Consent as the Foundation of International Law32
Consent and Consensus in the Creation of International Law36
The United States and Customary International Law42
Conclusion49
3International Society—The Duty Either to Extradite or Prosecute55
Aut dedere, Aut judicare: The Duty Either to Extradite or Prosecute in International Society57
Pluralism and Solidarism in International Criminal Justice: the Pinochet Case63
Pluralism and Solidarism in International Criminal Justice: the Yerodia Case69
The Politics of International Criminal Justice78
Conclusion85
4The Rome Statute and the Constitution of World Society87
From International to World Society88
Extending the 'Solidarist Moment'92
A Constitutional Moment: the Rome Conference96
Constituting World Society: the Rome Statute99
The Counter-Revolution109
Conclusion114
5Understanding US Opposition to the ICC119
Signing and 'Unsigning' the Rome Treaty123
Defending the Society of States129
Understanding the US Position: the Cultural Role of Democracy138
The US Alternative143
Conclusion146

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