| Description |
1 online resource (734 pages) |
| Series |
Leiden Studies on the Frontiers of International Law |
|
Leiden studies on the frontiers of international law.
|
| Contents |
The Diversification and Fragmentation of International Criminal Law; Copyright; Contents; Abbreviations ; Preface and Acknowledgments ; Introduction ; I. Institutional fragmentation ; II. Substantive fragmentation ; III. Procedural fragmentation ; Chapter 1 'Fragmentation', Diversification and '3D' Legal Pluralism: International Criminal Law as the Jack-in-the-Box?; 1. Introduction |
|
2. International criminal law as a 'new' response 3. 'Institutional fragmentation': Imminent or exaggerated judicial turf wars? ; 3.1 Positioning the ICJ in its relation to international criminal courts ; 3.2 International criminal courts and tribunals: One 'big happy family'? |
|
3.3 'Vertical fragmentation': The multiple identities of national courts 3.4 The relationship between international criminal courts and alternative transitional justice mechanisms ; 3.5 The relationship between international criminal courts and human rights courts |
|
3.6 Towards a 'community of courts'? 4. 'Substantive fragmentation': The eye of the beholder ; 4.1 International criminal law as a 'regime' or 'system' ; 4.2 Sources of law as source of 'fragmentation' ; 4.2.1 Use of customary international law ; 4.2.2 General principles |
|
4.3 Interpretation and the ICC's telos and zelos 4.3.1 Textual v. purpose-based approach towards interpretation ; 4.3.2 Judicial creativity ; 4.4 Normative conflict and hierarchy; 4.4.1 Interpretative disputes ; 4.4.2 Norm collision ; 5. Procedural fragmentation |
| Summary |
This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of 'fragmentation'. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on 'fragmentation' with broader inquiry on the merits and di |
| Notes |
Print version record |
| Subject |
International criminal law.
|
|
International crimes.
|
|
International criminal law
|
| Form |
Electronic book
|
| Author |
Stahn, Carsten
|
| ISBN |
9789004236912 |
|
9004236910 |
|
