International Political Theory on International Law - Dictionary of Arguments
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International Law/International political theory/Brown: The final ruling in the Pinochet case in Britain (1998-2000) established that the doctrine of 'sovereign immunity' could not be allowed to cover acts banned under the international Torture Convention of 1984.
War crimes tribunals: the International Criminal Court, established by the 1998 Rome Statute which was ratified by the necessary 60 states in April 2002 and came into existence on 1 July 2002, represents an even greater challenge to Westphalian sovereignty norms. >Sovereignty/International political theory.
In practice the powers of the ICC are strictly circumscribed but even so, a number of influential states, including China, India, Russia and the US, regard this as a step too far. American 'new sovereigntists' have argued that
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the ICC and the Pinochet judgement have taken international law far beyond its proper function,
which is to promote coexistence between sovereigns (Spiro, 2000(1); Rivkin and Casey, 2000-1(2)). The key issue here, (...) is whether there exists a sufficiently deep sense of community at the global level to support a legal system based on individuals as opposed to states. In this connection, it should be noted that the bedfellows of the new sovereigntists include all the major Asian powers, few of whom have signed, let alone ratified, the Rome Statute.
1. Spiro, P. J. (2000) 'The new sovereigntists'. Foreign Affairs, 79: 9-15.
2. Rivkin, D. B. and L. A. Casey (2000-1) 'The rocky shoals of international law'. The National Interest, 2: 35-46.
Brown, Chris 2004. „Political Theory and International Relations“. In: Gaus, Gerald F. & Kukathas, Chandran 2004. Handbook of Political Theory. SAGE Publications_____________Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. The note [Author1]Vs[Author2] or [Author]Vs[term] is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition.
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Gerald F. Gaus
Handbook of Political Theory London 2004