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Global Justice and Global Criminal Laws: The Importance of Nyaya in the Quest for Justice after International Crimes

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Chapter Summary

This chapter draws on the authors' analysis of international criminal justice. The developments in the past decades in the field of international criminal law have been, in many ways, spectacular. However, the extent to which international criminal law is, in fact, contributing to global justice in the aftermath of international crimes remains to be seen. In this brief contribution to the debate concerning global law, the chapter sketches these problems in greater detail, before connecting this to more abstract notions of justice. The latter draws heavily on Amartya Sen's recent critique of John Rawls' Theory of Justice, in which he employs the ancient Sanskrit notions of niti and nyaya. Finally, in conclusion, the analysis of international criminal law is used as a base to provide more general notions about global justice and global law.

Keywords: Amartya Sen; global justice; global law; international crimes; international criminal law; John Rawls' Theory of Justice; niti; nyaya



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