Global constitutional order and the deviant other: reflections on the dualistic nature of the ICC process

• Tosa, Hiroyuki

Abstract

The purpose of this article is to offer some reflections on how to interpret the International Criminal Court (ICC)' s fractious relationship with Africa in the context of the historical lineage of a dual structure of the global constitutional order and further scrutinize its implications for life cycles of the international norm. First, we begin by setting out the ICC process (norm emergence) led by middle power sand global civil society during the early post-Cold War period. We then scrutinize the limits of this new normative order by focusing on its dualistic nature, as well as the asymmetrical relation between the Global North and the Global South, in particular African countries. Finally, we reexamine the remaining injustice issue inherent in the liberal normative order by paying attention to structural problems such as the predatory capitalism behind the serious humanitarian crisis, which international judicial interventions seem to have superficially mask.

Journal

• International Relations of The Asia-pacific

  International Relations of The Asia-pacific 18 (1), 45-70, 2018-01-01

  Oxford University Press (OUP)

Details

• CRID: 1050856995323736704
• NII Article ID: 120006454555
• ISSN: 14704838
• ISSN: 1470482X
• HANDLE: 20.500.14094/90004767
• Text Lang: en
• Article Type: journal article
• Data Source:
  • IRDB
  • CiNii Articles
  • KAKEN