Unilateral jurisdiction: Universal jurisdiction <Emphasis Type="Italic">à l’Américaine</Emphasis> in the age of post-realist power |
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Authors: | Ariel Colonomos |
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Institution: | (1) University of Dayton School of Law, Dayton, OH, USA |
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Abstract: | Conclusion The United States is using the theme of rights to build its unilateralism. In order to transform this unilateralism into a
convincing universalism, it needs to reinforce its “soft power,” appeal to its partners and convince them of the necessity
of its initiatives. Aggressive or offensive rights and crude unilateral military interventions are dangerous per se; they
might also endanger American power in the long run. Culturally, this challenge is rooted in America’s origins and in its enthusiastic
desire to reform the world. In that respect, the shaping of a so-called “world community,” America is challenging continental
Europe and its hierarchical universal power rooted in Catholic verticality. On the contrary, the U.S. conception of power
is based on a horizontal dynamic, inspired by the structure of the reformation movement. American coercive rights are defying
a universal powerless law; Luther is certainly taking its revenge against Rome. Indeed, as for now, America’s universal competence
turns out to be more effective than the ICC. However, if the United States does not take into account its own aspirations
to define universal norms, it will be more and more difficult for the United States to justify the necessity of its military
decisions. any step back to crude realism could be a fatal regression. It will be a mistake for the pursuit of America’s own
interests; it would also most probably endanger the stability of the international system, as it would foster rivalries and
hostile reactions. |
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