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Fighting At The Legal Boundaries
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Book Synopsis Fighting at the Legal Boundaries by : Kenneth Watkin OMM, CD, QC
Download or read book Fighting at the Legal Boundaries written by Kenneth Watkin OMM, CD, QC and published by Oxford University Press. This book was released on 2016-05-03 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international law governing armed conflict is at a crossroads, as the formal framework of laws designed to control the exercise of self-defense and conduct of inter-state conflict finds itself confronted with violent 21st Century disputes of a very different character. Military practitioners who seek to stay within the bounds of international law often find themselves applying bodies of law-IHRL, IHL, ICL-in an exclusionary fashion, and adherence to those boundaries can lead to a formal and often rigid application of the law that does not adequately address contemporary security challenges. Fighting at the Legal Boundaries offers a holistic approach towards the application of the various constitutive parts of international law. The author focuses on the interaction between the applicable bodies of law by exploring whether their boundaries are improperly drawn, or are being interpreted in too rigid a fashion. Emphasis is placed on the disconnect that can occur between theory and practice regarding how these legal regimes are applied and interact with one another. Through a number of case studies, Fighting at the Legal Boundaries explores how the threat posed by insurgents, terrorists, and transnational criminal gangs often occurs not only at the point where these bodies of law interact, but also in situations where there is significant overlap. In this regard, the exercise of the longstanding right of States to defend nationals, including the conduct of operations such as hostage rescue, can involve the application of human rights based law enforcement norms to counter threats transcending the conflict spectrum. This book has five parts: Part I sets out the security, legal, and operational challenges of contemporary conflict. Part II focuses on the interaction between the jus ad bellum, humanitarian law and human rights, including an analysis of the historical influences that shaped their application as separate bodies of law. Emphasis is placed on the influence the proper authority principle has had in the human rights based approach being favored when dealing with "criminal" non-State actors during both international and non-international armed conflict. Part III analyzes the threats of insurgency and terrorism, and the state response. This includes exploring their link to criminal activity and the phenomenon of transnational criminal organizations. Part IV addresses the conduct of operations against non-State actors that span the conflict spectrum from inter-state warfare to international law enforcement. Lastly, Part V looks at the way ahead and discusses the approaches that can be applied to address the evolving, diverse and unique security threats facing the international community.
Book Synopsis Fighting at the Legal Boundaries by : Kenneth Watkin
Download or read book Fighting at the Legal Boundaries written by Kenneth Watkin and published by Oxford University Press. This book was released on 2016 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Fighting at the Legal Boundaries offers a holistic approach towards the application of the various constitutive parts of international law. The author focuses on the interaction between the applicable bodies of law by exploring whether their boundaries are improperly drawn, or are being interpreted in too rigid a fashion. Emphasis is placed on the disconnect that can occur between theory and practice regarding how these legal regimes are applied and interact with one another. Through a number of case studies, Fighting at the Legal Boundaries explores how the threat posed by insurgents, terrorists, and transnational criminal gangs often occurs not only at the point where these bodies of law interact, but also in situations where there is significant overlap. In this regard, the exercise of the longstanding right of States to defend nationals, including the conduct of operations such as hostage rescue, can involve the application of human rights based law enforcement norms to counter threats transcending the conflict spectrum." --
Book Synopsis Fighting at the Legal Boundaries by : Kenneth Watkin OMM, CD, QC
Download or read book Fighting at the Legal Boundaries written by Kenneth Watkin OMM, CD, QC and published by Oxford University Press. This book was released on 2016-05-03 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international law governing armed conflict is at a crossroads, as the formal framework of laws designed to control the exercise of self-defense and conduct of inter-state conflict finds itself confronted with violent 21st Century disputes of a very different character. Military practitioners who seek to stay within the bounds of international law often find themselves applying bodies of law-IHRL, IHL, ICL-in an exclusionary fashion, and adherence to those boundaries can lead to a formal and often rigid application of the law that does not adequately address contemporary security challenges. Fighting at the Legal Boundaries offers a holistic approach towards the application of the various constitutive parts of international law. The author focuses on the interaction between the applicable bodies of law by exploring whether their boundaries are improperly drawn, or are being interpreted in too rigid a fashion. Emphasis is placed on the disconnect that can occur between theory and practice regarding how these legal regimes are applied and interact with one another. Through a number of case studies, Fighting at the Legal Boundaries explores how the threat posed by insurgents, terrorists, and transnational criminal gangs often occurs not only at the point where these bodies of law interact, but also in situations where there is significant overlap. In this regard, the exercise of the longstanding right of States to defend nationals, including the conduct of operations such as hostage rescue, can involve the application of human rights based law enforcement norms to counter threats transcending the conflict spectrum. This book has five parts: Part I sets out the security, legal, and operational challenges of contemporary conflict. Part II focuses on the interaction between the jus ad bellum, humanitarian law and human rights, including an analysis of the historical influences that shaped their application as separate bodies of law. Emphasis is placed on the influence the proper authority principle has had in the human rights based approach being favored when dealing with "criminal" non-State actors during both international and non-international armed conflict. Part III analyzes the threats of insurgency and terrorism, and the state response. This includes exploring their link to criminal activity and the phenomenon of transnational criminal organizations. Part IV addresses the conduct of operations against non-State actors that span the conflict spectrum from inter-state warfare to international law enforcement. Lastly, Part V looks at the way ahead and discusses the approaches that can be applied to address the evolving, diverse and unique security threats facing the international community.
Book Synopsis International Humanitarian Law by : Marco Sassòli
Download or read book International Humanitarian Law written by Marco Sassòli and published by Edward Elgar Publishing. This book was released on 2024-02-12 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly updated second edition of what has quickly become the definitive text in the field of international humanitarian law (IHL), leading expert Marco Sassòli evaluates the application of IHL, the way in which hostilities should be conducted against an adversary, and the pertinence of traditional distinctions, such as that between international and non-international armed conflicts.
Book Synopsis The Frontiers of Public Law by : Jason NE Varuhas
Download or read book The Frontiers of Public Law written by Jason NE Varuhas and published by Bloomsbury Publishing. This book was released on 2020-01-09 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major collection contains selected papers from the third Public Law Conference, an international conference hosted by the University of Melbourne in July 2018. The collection includes contributions by leading academics and senior judges from across the common law world, including Australia, Canada, New Zealand, the United Kingdom and the United States. The collection explores the frontiers of public law, examining cutting-edge issues at the intersection of public law and other fields. The collection addresses four principal frontiers: public law and international law; public law and indigenous peoples; public law and other domestic fields, specifically criminal law and private law; and public law and public administration. In common with the two books from the previous Public Law Conferences, this collection offers authoritative insights into the most important issues emerging in public law, and is essential reading for those working in the field.
Book Synopsis Between Crime and War by : Jens David Ohlin
Download or read book Between Crime and War written by Jens David Ohlin and published by Oxford University Press. This book was released on 2022 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The threat posed by the recent rise of transnational non-state armed groups does not fit easily within either of the two basic paradigms for state responses to violence. The crime paradigm focuses on the interception of demonstrable immediate threats to the safety of others. Its aim is to protect specific persons and members of the general public from violence by identifiable individuals, who may be acting alone or in concert. In pursuit of this aim, the state uses police operations and the criminal justice system. Both of these tools are governed by human rights principles that significantly constrain state power. A state may not restrict liberty unless it has demonstrable evidence that an individual may pose a danger to others. It may not use force if other means will be effective to stop a threat. If using force is unavoidable, it must be the minimum amount necessary. Furthermore, a state generally may not take life unless no other measure will intercept an immediate threat to life"--
Book Synopsis The Law of Armed Conflict by : Geoffrey S. Corn
Download or read book The Law of Armed Conflict written by Geoffrey S. Corn and published by Aspen Publishing. This book was released on 2018-09-14 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Armed Conflict provides a complete operational scenario and introduction to the operational organization of United States forces. The focus remains on United States law perspective, balanced with exposure to areas where the interpretation of its allied forces diverge. Jus ad bellum and jus in bello issues are addressed at length. The casebook comes to students with stunning authority. All of the authors are active or retired United States Army officers with more than 140 years of collective military operational experience among them. Several have experience in both legal and operational assignments as well. They deliver a comprehensive coverage of all aspects of the law of armed conflict, explaining the difference between law and policy in regulation of military operations.
Book Synopsis International Law by : Malcolm N. Shaw
Download or read book International Law written by Malcolm N. Shaw and published by Cambridge University Press. This book was released on 2017-09-14 with total page 1123 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive and authoritative international law text, updated to reflect key case law, international practice and treaty developments.
Book Synopsis The United States Department of Defense Law of War Manual by : Michael A. Newton
Download or read book The United States Department of Defense Law of War Manual written by Michael A. Newton and published by Cambridge University Press. This book was released on 2019-01-24 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States Department of Defense Law of War Manual: Commentary and Critique provides an irreplaceable resource for any politician, international expert, or military practitioner who wishes to understand the approach taken by the American military in the complex range of modern conflicts. Readers will understand the strengths and weaknesses of US legal and policy pronouncements and the reasons behind the modern American way of war, whether US forces deploy alone or in coalitions. This book provides unprecedented and precise analysis of the US approach to the most pressing problems in modern wars, including controversies surrounding use of human shields, fighting in urban areas, the use of cyberwar and modern weaponry, expanding understanding of human rights, and the rise of ISIS. This group of authors, including academics and military practitioners, provides a wealth of expertise that demystifies overlapping threads of law and policy amidst the world's seemingly intractable conflicts.
Book Synopsis International Law and Armed Conflict by : Laurie R. Blank
Download or read book International Law and Armed Conflict written by Laurie R. Blank and published by Aspen Publishing. This book was released on 2018-09-14 with total page 1059 pages. Available in PDF, EPUB and Kindle. Book excerpt: Experienced authors with over 45 years combined teaching and working in the field use fundamental principles and sources to instruct and guide discussion about the application of the law of armed conflict to contemporary and future questions. Students can gain a solid foundation in the law and develop the tools they need to analyze complex legal problems. International Law and Armed Conflict shows how the law informs operational and policy decision-making. Placing the law of armed conflict in context with related fields, such as human rights law and national security law, the text provides a complete framework for understanding legal paradigms during and after conflict. Innovative materials allow flexibility across a range of class scenarios, from a stand-alone course to part of a broader survey class. New to the Second Edition: New technologies and the law of armed conflict, including cyber, unmanned aerial vehicles and autonomous weapons systems The conflict in Syria, including ISIS, genocide and chemical weapons attacks Humanitarian assistance and the challenges of protecting the civilian population in urban conflicts Contemporary debates regarding detention in non-international armed conflict, human rights law, and targeted killing Professors and students will benefit from: Experienced authors with over 45 years combined teaching and working in the law of armed conflict field in the military, at think tanks, and in academia Use of the fundamental principles and sources of the law to inform discussions and questions about contemporary and future questions An approach that gives students a solid foundation in the law and the analytical tools they need to analyze complex legal situations and problems and to understand how the law informs and impacts operational and policy decision-making Context that ties together the law of armed conflict with other related fields, such as human rights law and national security law, to provide a complete framework for understanding the legal paradigm applicable during and after conflict Teaching materials include: Substantive and innovative tools and materials to teach this topic as a stand-alone class or as part of a broader class on a range of related topics A Teacher’s manual with additional sources, discussion points, and key background information, all designed for maximum use and flexibility in a range of class scenarios
Book Synopsis Military Professionalism and Humanitarian Law by : Yishai Beer
Download or read book Military Professionalism and Humanitarian Law written by Yishai Beer and published by Oxford University Press. This book was released on 2018 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revitalizing the concept of military necessity -- Lawful war of self-defense : when not to be a sitting duck -- Military strategy : the blind spot of international humanitarian law -- Defensive deterrence : legalizing the stepchild of international law.
Book Synopsis Yearbook of International Humanitarian Law, Volume 20, 2017 by : Terry D. Gill
Download or read book Yearbook of International Humanitarian Law, Volume 20, 2017 written by Terry D. Gill and published by Springer. This book was released on 2018-12-20 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main theme of this volume of the Yearbook of International Humanitarian Lawis the development and interpretation of international humanitarian law (IHL). It iselaborated upon in several chapters that examine the role of non-state armed groupsin the development and interpretation of IHL, the impact of international criminal lawon the development of IHL, the notion of external non-international armed conflicts,and the regulation of prolonged occupation under international law. The second theme of this volume is dedicated to targeting in armed conflicts. Specifictopics include precautions in attack in urban and siege warfare, the targeting of theIslamic State’s religious personnel in Iraq and Syria, and the targeting of illicit cropsthrough aerial spraying in Colombia. Besides the chapters that address both themes,this volume also contains a Year in Review describing the most important events andlegal developments that took place in 2017. The Yearbook of International Humanitarian Law is the world’s only annual publicationdevoted to the study of the laws governing armed conflict. It provides a truly internationalforum for high-quality, peer-reviewed academic articles focusing on this crucialbranch of international law. Distinguished by contemporary relevance, the Yearbookof International Humanitarian Law bridges the gap between theory and practice andserves as a useful reference tool for scholars, practitioners, military personnel, civilservants, diplomats, human rights workers and students.
Book Synopsis The Limits of Human Rights by : Bardo Fassbender
Download or read book The Limits of Human Rights written by Bardo Fassbender and published by Oxford University Press, USA. This book was released on 2019-11-26 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the limits of human rights, and what do these limits mean? This volume engages critically and constructively with this question to provide a distinct contribution to the contemporary discussion on human rights. Fassbender and Traisbach, along with a group of leading experts in the field, examine the issue from multiple disciplinary perspectives, analysing the limits of our current discourse of human rights. It does so in an original way, and without attempting to deconstruct, or deny, human rights. Each contribution is supplemented by an engaging comment which furthers this important discussion. This combination of perspectives paves the way for further thought for scholars, practitioners, students, and the wider public. Ultimately, this volume provides an exceptionally rich spectrum of viewpoints and arguments across disciplines to offer fresh insights into human rights and its limitations.
Book Synopsis The Law of Maritime Blockade by : Phillip Drew
Download or read book The Law of Maritime Blockade written by Phillip Drew and published by Oxford University Press. This book was released on 2017-12-08 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although appearing to be a relatively benign method of warfare when viewed from a distance, a close examination of maritime blockade unveils a sinister character that can, in cases where countries are highly reliant on imports of foodstuffs to feed their populations, prove incredibly deadly, particularly for the young and elderly. This book is unique in that it is the only contemporary book that is dedicated to the study of the law of maritime blockade in the context of modern humanitarian law. Reviewing the development of blockade law over the past four centuries, The Law of Maritime Blockade provides a historical analysis of the law as it emerged, tracing its evolution through armed conflicts between 1684 and the present. Referring to the starvation caused by the blockade of Germany during World War I and the humanitarian crisis caused by the sanctions regime against Iraq (1991-2003), this book demonstrates that blockade can have extremely deleterious effects for vulnerable civilian populations. In this context the current law of blockade is examined, and found to be deficient in terms of its protection for civilians. Recognizing and advocating that blockade should remain as a valid and effective method of warfare, the book offers a template for a modern law of maritime blockade that incorporates many of the traditional aspects of the law, while reducing the possibilities that blockades can cause or exacerbate humanitarian disasters.
Book Synopsis Fighting Discrimination in Europe by : Mathias Möschel
Download or read book Fighting Discrimination in Europe written by Mathias Möschel and published by Routledge. This book was released on 2013-09-13 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: The member states of the EU have only very recently begun to consider race and racism in the framework of equality legislation and policies. As opposed to an established Anglo-Saxon tradition of naming races and using racial categorisation to fight racism, most continental European countries resist this approach. This book investigates the problematic reception and elaboration of race as a socio-legal category in Europe. Fighting Discrimination in Europe takes a fresh and interdisciplinary look at the normative, theoretical and concrete problems raised by the challenge of devising and enforcing policies to combat race discrimination in Europe. It engages with the juridical and political spheres, from the international level down to concrete cases of state and city policies. As the multifaceted relationship between race, discrimination and immigration is explored, new normative positions and practical approaches are developed, and new questions raised. This collection presents important new research for academics, researchers, and advanced students of Ethnic Studies, Migration Studies, Legal Studies, Sociology, Anthropology, and Policy Studies. This book was originally published as a special issue of Ethnic and Racial Studies.
Download or read book Fighting to Win written by Bob Vogel and published by Turner Publishing Company. This book was released on 2001-04-23 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: How a lone Florida Sheriff fought the U.S. Justice Department--and won! The amazing career of Bob Vogel began in the Florida Highway Patrol, where he personally took over billion dollars in street value of drugs off the market in just three years. Bob tells his story about the war on drugs, on the controversial practice of profiling, and about his years-long battle to prove that his law enforcement efforts were both lawful and prudent. His results helped stem the flow of drugs north and south up Interstate 95 for a number of years, and he was featured on 60 Minutes for his remarkable record. Bob Vogel had taken the upper hand in the fight against drugs. Word in the drug trade spread - avoid Volusia County. His office and officers received numerous citations for a job well done. What should have followed was thankful support from the local media, the state of Florida and even the U.S. Justice Department. Despite full clearance by two separate FBI investigations and a Governor's Panel, and further vindication from a judge who tossed out a class action lawsuit for lack of evidence, two Department of Justice attorneys spent more than two years investigating Sheriff Vogel and his office, at a cost of millions to taxpayers. Fighting to Win is Bob Vogel's own story of his nightmarish odyssey against forces he never dreamed he'd have to battle. But, as he will tell you throughout this compelling chronicle of his career, when you have right on your side you will ultimately triumph.
Book Synopsis When Freedom Speaks by : Lynn Levine Greenky
Download or read book When Freedom Speaks written by Lynn Levine Greenky and published by . This book was released on 2022-03-29 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes first amendment issues immediate and contemporary. When Freedom Speaks chronicles the stories behind our First Amendment right to speak our minds. Lynn Levine Greenky's background as a lawyer, rhetorician, and teacher gives her a unique perspective on the protection we have from laws that abridge our right to the freedom of speech. Rhetoricians focus on language and how it influences perception and moves people to action. Powerfully employing that rhetorical approach, this book explores concepts related to free speech as moral narratives that proscribe the boundaries of our constitutionally protected right. Using the characters and drama embedded in legal cases that elucidate First Amendment principles, When Freedom Speaks makes the concepts easier to understand and clearly applicable to our lives. With a wide range of examples and accessible language, this book is the perfect overview of the First Amendment.
