Jus Ad Bellum

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Talking International Law

Author : Ian Johnstone
Publisher : Oxford University Press
ISBN 13 : 019758845X
Total Pages : pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Talking International Law by : Ian Johnstone

Download or read book Talking International Law written by Ian Johnstone and published by Oxford University Press. This book was released on 2021-08-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining legal argumentation by states and other actors in the settings where it mostly transpires - outside of courts, Talking International Law challenges the realist assumption that legal argumentation is largely inconsequential. Addressing a gap in scholarship within international law and international relations theory, this book provides a comprehensive analysis of why it occurs, how, where, and to what effect by exploring the phenomenon in a range of issue areas, from security and human rights, to the environment, trade, and intellectual property. Diplomats and other governmental actors are the principal participants in international legal discourse, but intergovernmental officials, non-governmental organizations, academics, corporations, and even non-state armed groups also engage in "law talk." Through close examination of legal arguments in political and other settings, the authors uncover various motives these actors have for making legal claims - including persuasion, strategic calculations, assertions of identity, and the felt need to legitimate one's actions - or to delegitimate those of an adversary. Legal argumentation can have short-term and long-term effects, both intended and unintended, on immediate participants or a wider net of actors. By bringing together distinguished scholars with diverse perspectives and senior practitioners from around the world who engage in such argumentation themselves, the book offers a unique exposure to the multi-faceted practice of legal argumentation and thereby deepens our understanding of how international law actually operates in international affairs.

Intervention in Civil Wars

Author : Chiara Redaelli
Publisher : Bloomsbury Publishing
ISBN 13 : 1509940553
Total Pages : 340 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Intervention in Civil Wars by : Chiara Redaelli

Download or read book Intervention in Civil Wars written by Chiara Redaelli and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.

Seeking Accountability for the Unlawful Use of Force

Author : Leila Nadya Sadat
Publisher :
ISBN 13 : 1107187532
Total Pages : 653 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Seeking Accountability for the Unlawful Use of Force by : Leila Nadya Sadat

Download or read book Seeking Accountability for the Unlawful Use of Force written by Leila Nadya Sadat and published by . This book was released on 2018-05-31 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysis of how to prevent war and reinforce UN systems by imposing accountability on individuals and states for the unlawful use of force.

Jus Post Bellum

Author : Carsten Stahn
Publisher :
ISBN 13 : 0199685894
Total Pages : 610 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Jus Post Bellum by : Carsten Stahn

Download or read book Jus Post Bellum written by Carsten Stahn and published by . This book was released on 2014-02 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jus post bellum is the body of international legal norms and rules of international law that applies to a post-conflict situation as it moves to a status of peace. This book provides a detailed legal analysis of all aspects of jus post bellum, and uses case studies to show its relevance to the reality of situations on the ground.

Regulating the Use of Force in Wars of National Liberation: The Need for a New Regime

Author : Noelle Higgins
Publisher : BRILL
ISBN 13 : 9047426347
Total Pages : 288 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Regulating the Use of Force in Wars of National Liberation: The Need for a New Regime by : Noelle Higgins

Download or read book Regulating the Use of Force in Wars of National Liberation: The Need for a New Regime written by Noelle Higgins and published by BRILL. This book was released on 2009-12-14 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work reconsiders and critically evaluates the complex international legal framework which seeks to regulate wars of national liberation in the light of two fascinating case studies. It tests the effectiveness of both the jus ad bellum and jus in bello aspects of the current legal framework by applying it to self-determination wars waged in the South Moluccas and Aceh by armed groups against Indonesia. The book highlights the various difficulties inherent in the current legal framework as well as the ad hoc and unpredictable practice of States in relation to its application. The work concludes with recommendations on how the current framework should be updated and enhanced so that it can adequately deal with modern self-determination conflicts.

Jus ad Bellum

Author : Stuart Casey-Maslen
Publisher : Bloomsbury Publishing
ISBN 13 : 150993071X
Total Pages : 249 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Jus ad Bellum by : Stuart Casey-Maslen

Download or read book Jus ad Bellum written by Stuart Casey-Maslen and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work expounds, for those in practice and beyond, the rules of international law governing the inter-state use of force. Jus ad bellum determines when a state - or group of states - may lawfully use force against, or on the territory of, another state, and when such action violates international law. The bedrock of the law is found in the Charter of the United Nations, but the interpretation and application of many of the rules codified in the Charter, particularly by the International Court of Justice, are contested. Accordingly, the book clarifies the law as it stands today, explaining its many complexities and controversies, such as when non-state actors may be attacked in another state and when consent is validly given to foreign intervention. The interrelationships between jus ad bellum and the law of armed conflict/international humanitarian law, the law of neutrality, and international human rights law are also illuminated, along with important concepts such as the 'responsibility to protect' and humanitarian intervention.

The Distinction and Relationship Between Jus Ad Bellum and Jus in Bello

Author : Keiichiro Okimoto
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (89 download)

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Book Synopsis The Distinction and Relationship Between Jus Ad Bellum and Jus in Bello by : Keiichiro Okimoto

Download or read book The Distinction and Relationship Between Jus Ad Bellum and Jus in Bello written by Keiichiro Okimoto and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Revisiting the Concept of Defence in the Jus ad Bellum

Author : Johanna Friman
Publisher : Bloomsbury Publishing
ISBN 13 : 1509906967
Total Pages : 410 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Revisiting the Concept of Defence in the Jus ad Bellum by : Johanna Friman

Download or read book Revisiting the Concept of Defence in the Jus ad Bellum written by Johanna Friman and published by Bloomsbury Publishing. This book was released on 2017-04-06 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of the jus ad bellum is to draw a line in the sand: thus far, but no further. In the light of modern warfare, a state should today have an explicitly recognised and undisputed right of delimited unilateral defence not only in response to an occurring armed attack, but also in interception of an inevitable or imminent armed attack. This book, however, makes it evident that unilateral interception is not incontestably compatible with the modern right of self-defence in Article 51 of the UN Charter. Then again, unilateral defence need not forever be confined to self-defence only, wherefore the book proposes that the concept of defence may best be modernised by a clear legal division into responsive and interceptive defence. Since both threat and use of force are explicitly prohibited in Article 2(4) of the UN Charter, this book further recommends that both responsive and interceptive defence should be explicitly excepted from this prohibition in Article 51 of the UN Charter. The modern jus ad bellum should thus legally recognise a dual face of defence: responsive self-defence if an armed attack occurs, and interceptive necessity-defence if a grave and urgent threat of an armed attack occurs. For without a clarifying and modernising revision, the concept of defence will become irreparably blurred until it is completely dissolved into the ever-shifting sands of war.

Taming Ares: War, Interstate Law, and Humanitarian Discourse in Classical Greece

Author : Emiliano J. Buis
Publisher : BRILL
ISBN 13 : 9004363823
Total Pages : 329 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Taming Ares: War, Interstate Law, and Humanitarian Discourse in Classical Greece by : Emiliano J. Buis

Download or read book Taming Ares: War, Interstate Law, and Humanitarian Discourse in Classical Greece written by Emiliano J. Buis and published by BRILL. This book was released on 2018-05-01 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Taming Ares Emiliano J. Buis examines the sources of classical Greece to challenge both the state-centeredness of mainstream international legal history and the omnipresence of war and excessive violence in ancient times. Making ample use of epigraphic as well as literary, rhetorical, and historiographical sources, the book offers the first widespread account of the narrative foundations of the (il)legality of warfare in the classical Hellenic world. In a clear yet sophisticated manner, Buis convincingly proves that the traditionally neglected study of the performance of ancient Greek poleis can contribute to a better historical understanding of those principles of international law underlying the practices and applicable rules on the use of force and the conduct of hostilities.

War, Aggression and Self-Defence

Author : Yoram Dinstein
Publisher : Cambridge University Press
ISBN 13 : 1139503170
Total Pages : 409 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis War, Aggression and Self-Defence by : Yoram Dinstein

Download or read book War, Aggression and Self-Defence written by Yoram Dinstein and published by Cambridge University Press. This book was released on 2011-10-20 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Yoram Dinstein's influential textbook is an indispensable guide to the legal issues of war and peace, armed attack, self-defence and enforcement measures taken under the aegis of the Security Council. This fifth edition incorporates recent treaties such as the Kampala amendments of the Statute of the International Criminal Court, new case law from the International Court of Justice and other tribunals, and contemporary doctrinal debates. Several new supplementary sections are also included, which take into account recent conflicts around the world, and consideration is given to new resolutions of the Security Council. With many segments having been rewritten to reflect recent State practice, this book remains a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence.

International Law And Armed Conflict, Exploring the Faultlines

Author : Michael N. Schmitt
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004154280
Total Pages : 629 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis International Law And Armed Conflict, Exploring the Faultlines by : Michael N. Schmitt

Download or read book International Law And Armed Conflict, Exploring the Faultlines written by Michael N. Schmitt and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday's wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the" jus ad bellum" and "jus in bello" are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein's classic works - "War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict "? the book addresses both "ius ad bellum" and "ius in bello" topics.

The Persistent Advocate and the Use of Force

Author : Christian Henderson
Publisher : Routledge
ISBN 13 : 131702155X
Total Pages : 226 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Persistent Advocate and the Use of Force by : Christian Henderson

Download or read book The Persistent Advocate and the Use of Force written by Christian Henderson and published by Routledge. This book was released on 2016-02-24 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive, dispassionate empirical analysis and assessment of the discernible impact that the US has had upon the jus ad bellum in the post-Cold War era. The work focuses on the substantive areas of the jus ad bellum with which the US has most often and significantly engaged with through either its actions, justifications for actions, or adopted policies. In doing so, it draws upon the theory of interpretive communities as its framework of analysis in order to gauge any impact upon this fundamental area of international law. The Persistent Advocate and the Use of Force provides a much needed examination of one of the most controversial issues of international law in recent times whilst, on a more general level, offering a timely defence of the robustness of the jus ad bellum to the practice of powerful states.

Military Professionalism and Humanitarian Law

Author : Yishai Beer
Publisher : Oxford University Press
ISBN 13 : 0190881143
Total Pages : 241 pages
Book Rating : 4.1/5 (98 download)

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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.

Research Handbook on International Conflict and Security Law

Author : Nigel D. White
Publisher : Edward Elgar Publishing
ISBN 13 : 1849808570
Total Pages : 699 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Research Handbook on International Conflict and Security Law by : Nigel D. White

Download or read book Research Handbook on International Conflict and Security Law written by Nigel D. White and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔFeaturing some of the fieldÕs most expert thinkers, this is an adroitly constructed volume of essays in Òconflict and security lawÓ. The writing here offers a distillation of the major legal projects in the area while dissolving some of international lawÕs most rigid demarcations (e.g. between war and peace, or the jus ad bellum and jus in bello).Õ Ð Gerry Simpson, University of Melbourne, Australia ÔA most important and timely collection of essays that places the established international rules in their modern and challenging of context.Õ Ð Philippe Sands QC, University College London, UK ÔEvents of the past fifteen years have sharpened the focus on well-known issues in international conflict and security law. What responses to international terrorism are permissible? Can humanitarian intervention be justified under international law? The Research Handbook on International Conflict and Security Law addresses these and other debates across the areas of conflict prevention, use of force and post-conflict reconstruction, with the critical insight for which the contributors are known.Õ Ð James Crawford, University of Cambridge, UK This innovative Research Handbook brings together leading international law scholars from around the world to discuss and highlight the contemporary debate regarding issues of conflict prevention and the legality of resorting to the use of armed force through to those arising during an armed conflict and in the phase between conflict and peace. The Handbook covers key conceptual topics drawn from across the three areas of jus ad bellum, jus in bello and jus post bellum. The subject matter of the included chapters range from conflict prevention through to reparation and compensation, via coverage of issues such as disarmament, the role of the Security Council, self-defence, humanitarian intervention and the responsibility to protect, targets, war crimes, private military contractors, peacekeeping, and the protection of human rights. Being the first to examine topics under these areas in one volume, the book will be of interest to scholars, academics, postgraduate and research students as well as government lawyers from various disciplinary backgrounds looking for a contemporary grounding in issues under the broad theme of international conflict and security law.

The Future of Just War

Author : Caron E. Gentry
Publisher : University of Georgia Press
ISBN 13 : 0820339504
Total Pages : 201 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis The Future of Just War by : Caron E. Gentry

Download or read book The Future of Just War written by Caron E. Gentry and published by University of Georgia Press. This book was released on 2014-01-01 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Just War scholarship has adapted to contemporary crises and situations. But its adaptation has spurned debate and conversation—a method and means of pushing its thinking forward. Now the Just War tradition risks becoming marginalized. This concern may seem out of place as Just War literature is proliferating, yet this literature remains welded to traditional conceptualizations of Just War. Caron E. Gentry and Amy E. Eckert argue that the tradition needs to be updated to deal with substate actors within the realm of legitimate authority, private military companies, and the questionable moral difference between the use of conventional and nuclear weapons. Additionally, as recent policy makers and scholars have tried to make the Just War criteria legalistic, they have weakened the tradition's ability to draw from and adjust to its contemporaneous setting. The essays in The Future of Just War seek to reorient the tradition around its core concerns of preventing the unjust use of force by states and limiting the harm inflicted on vulnerable populations such as civilian noncombatants. The pursuit of these challenges involves both a reclaiming of traditional Just War principles from those who would push it toward greater permissiveness with respect to war, as well as the application of Just War principles to emerging issues, such as the growing use of robotics in war or the privatization of force. These essays share a commitment to the idea that the tradition is more about a rigorous application of Just War principles than the satisfaction of a checklist of criteria to be met before waging “just” war in the service of national interest.

Ethics and War

Author : Steven P. Lee
Publisher : Cambridge University Press
ISBN 13 : 0521898838
Total Pages : 343 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Ethics and War by : Steven P. Lee

Download or read book Ethics and War written by Steven P. Lee and published by Cambridge University Press. This book was released on 2012 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: An account of war ethics sensitive to the historical just war theory, informed by the contemporary concerns of war.

New Interventionist Just War Theory

Author : Jordy Rocheleau
Publisher : Routledge
ISBN 13 : 1000482758
Total Pages : 163 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis New Interventionist Just War Theory by : Jordy Rocheleau

Download or read book New Interventionist Just War Theory written by Jordy Rocheleau and published by Routledge. This book was released on 2021-11-22 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a systematic critique of recent interventionist just war theories, which have made the recourse to force easier to justify. The work argues that these theories, including neo-traditionalist prerogatives to national leaders and a cosmopolitan human rights paradigm, offer criteria for war that are insufficient in principle and dangerous in practice. Drawing on a plurality of moral considerations, the book recommends a modified legalist national defense paradigm, which includes an atrocity threshold for humanitarian intervention and a legitimate authorization requirement. The plausibility of this restrictive framework is applied to case studies, including the long wars in Iraq and Afghanistan, ongoing targeted killing, and possible interventions in Syria and elsewhere. Various arguments which seek to loosen the criteria for war are also systematically analyzed and criticized. This book will be of much interest to students of just war theory, military history, ethics, political philosophy, and international relations.