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Conclusion - Between Power and Transcendent Values

from Part II - Contesting Global Legal Power through the ICC

Published online by Cambridge University Press:  12 December 2019

Malcolm Jorgensen
Affiliation:
Humboldt-Universität zu Berlin
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Summary

The Conclusion considers implications of these findings in the era of President Donald Trump and beyond, which so far exhibits clear continuity with the ideological structure of its predecessors. The case of the ICC provides compelling evidence that foreign policy ideology structures distinct conceptions of the international rule of law amongst American legal policymakers and that these received principles set hard limits to reaching a universal understanding of the proper design and development of the international legal order. Defining the international rule of law remains a dialectical process in which ideological visions of global order contest power through the shared space of the international legal system. Continued commitment to this contest is evidence, nevertheless, of the consequence of IL as a framework for sustaining discourse about global power and transcendent values.

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Chapter
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American Foreign Policy Ideology and the International Rule of Law
Contesting Power through the International Criminal Court
, pp. 259 - 276
Publisher: Cambridge University Press
Print publication year: 2020

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