Presents theories, practices and critiques alongside each other to engage students, scholars and professionals from multiple fields. This title is also available as Open Access on Cambridge Core.
International criminal justice relies on messages, speech acts, and performative practices in order to convey social meaning. Major criminal proceedings, such as Nuremberg, Tokyo, and other post-World War II trials have been branded as 'spectacles of didactic legality'. However, the expressive and communicative functions of law are often side-lined in institutional discourse and legal practice. This innovative work brings these functions centre-stage, developing the idea of justice as message and outlining the expressivist foundations of international criminal justice in a systematic way. Professor Carsten Stahn examines the origins of the expressivist theory in the sociology of law and the justification of punishment, its articulation in practice, and its broader role as method of international law. He shows that expression and communication is not only an inherent part of the punitive functions of international criminal justice, but is represented in a whole spectrum of practices: norm expression and diffusion, institutional actions, performative aspects of criminal procedures, and repair of harm. He argues that expressivism is not a classical justification of justice or punishment on its own, but rather a means to understand its aspirations and limitations, to explain how justice is produced and to ground punishment rationales. This book is an invitation to think beyond the confines of the legal discipline, and to engage with the multidisciplinary foundations and possibilities of the international criminal justice project.
International actors have played an active role in the administration of territories over the past two centuries. This book analyses the genesis and law and practice of international territorial administration, covering all experiments from the Treaty of Versailles to contemporary engagements such as the conflict in Iraq. The book discusses the background, legal framework and practice of international territorial administration, including its relationship to related paradigms (internationalisation, mandate administration, trusteeship administration and occupation). This is complemented by a discussion of four common legal issues which arise in the context of this activity: the status of the territory under administration, the status and accountability of administering authorities, the exercise of regulatory powers by international administrations, and the relationship between international and domestic actors. Alongside surveys of the existing approaches and conceptual choices, the book also includes relevant case-law and practice and lessons learned for future engagements.
The treatment of cultural colonial objects is one of the most debated questions of our time. Calls for a new international cultural order go back to decolonization. However, for decades, the issue has been treated as a matter of comity or been reduced to a Shakespearean dilemma: to return or not to return. Confronting Colonial Objects seeks to go beyond these classic dichotomies and argues that contemporary practices are at a tipping point. The book shows that cultural takings were material to the colonial project throughout different periods and went far beyond looting. It presents micro histories and object biographies to trace recurring justifications and contestations of takings and returns while outlining the complicity of anthropology, racial science, and professional networks that enabled colonial collecting. The book demonstrates the dual role of law and cultural heritage regulation in facilitating colonial injustices and mobilizing resistance thereto. Drawing on the interplay between justice, ethics, and human rights, Stahn develops principles of relational cultural justice. He challenges the argument that takings were acceptable according to the standards of the time and outlines how future engagement requires a re-invention of knowledge systems and relations towards objects, including new forms of consent, provenance research, and partnership, and a re-thinking of the role of museums themselves. Following the life story and transformation of cultural objects, this book provides a fresh perspective on international law and colonial history that appeals to audiences across a variety of disciplines. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on the Oxford Academic platform and offered as a free PDF download from OUP and selected open access locations.
International criminal justice relies on messages, speech acts, and performative practices in order to convey social meaning. Major criminal proceedings, such as Nuremberg, Tokyo, and other post-World War II trials have been branded as 'spectacles of didactic legality'. However, the expressive and communicative functions of law are often side-lined in institutional discourse and legal practice. This innovative work brings these functions centre-stage, developing the idea of justice as message and outlining the expressivist foundations of international criminal justice in a systematic way. Professor Carsten Stahn examines the origins of the expressivist theory in the sociology of law and the justification of punishment, its articulation in practice, and its broader role as method of international law. He shows that expression and communication is not only an inherent part of the punitive functions of international criminal justice, but is represented in a whole spectrum of practices: norm expression and diffusion, institutional actions, performative aspects of criminal procedures, and repair of harm. He argues that expressivism is not a classical justification of justice or punishment on its own, but rather a means to understand its aspirations and limitations, to explain how justice is produced and to ground punishment rationales. This book is an invitation to think beyond the confines of the legal discipline, and to engage with the multidisciplinary foundations and possibilities of the international criminal justice project.
The treatment of cultural colonial objects is one of the most debated questions of our time. Calls for a new international cultural order go back to decolonization. However, for decades, the issue has been treated as a matter of comity or been reduced to a Shakespearean dilemma: to return or not to return. Confronting Colonial Objects seeks to go beyond these classic dichotomies and argues that contemporary practices are at a tipping point. The book shows that cultural takings were material to the colonial project throughout different periods and went far beyond looting. It presents micro histories and object biographies to trace recurring justifications and contestations of takings and returns while outlining the complicity of anthropology, racial science, and professional networks that enabled colonial collecting. The book demonstrates the dual role of law and cultural heritage regulation in facilitating colonial injustices and mobilizing resistance thereto. Drawing on the interplay between justice, ethics, and human rights, Stahn develops principles of relational cultural justice. He challenges the argument that takings were acceptable according to the standards of the time and outlines how future engagement requires a re-invention of knowledge systems and relations towards objects, including new forms of consent, provenance research, and partnership, and a re-thinking of the role of museums themselves. Following the life story and transformation of cultural objects, this book provides a fresh perspective on international law and colonial history that appeals to audiences across a variety of disciplines. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on the Oxford Academic platform and offered as a free PDF download from OUP and selected open access locations.
This critical review of Hammarskjold's legacy as Secretary-General explores the contemporary relevance of his international civil service, agency and leadership.
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