Law-Making and Legitimacy in International Humanitarian Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 9781800883956
Total Pages : 488 pages
Book Rating : 4.8/5 (839 download)

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Book Synopsis Law-Making and Legitimacy in International Humanitarian Law by : Heike Krieger

Download or read book Law-Making and Legitimacy in International Humanitarian Law written by Heike Krieger and published by Edward Elgar Publishing. This book was released on 2021-10-12 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved. Investigating what law-making processes reveal about the overall state of this legal regime, this thought-provoking book shows that current developments display a far-reaching disagreement about the direction into which IHL should evolve. It explores the most relevant trends in the development of IHL including the absence of formal law-making by states, informal law-making through manual processes and the increasing role of sub and non-state actors. Law-Making and Legitimacy in International Humanitarian Law will be of benefit to scholars and students of international law and relations, as well as practitioners working in the field of IHL, particularly in government ministries, international organizations and NGOs.

Law-Making and Legitimacy in International Humanitarian Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 180088396X
Total Pages : 488 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis Law-Making and Legitimacy in International Humanitarian Law by : Püschmann, Jonas

Download or read book Law-Making and Legitimacy in International Humanitarian Law written by Püschmann, Jonas and published by Edward Elgar Publishing. This book was released on 2021-10-19 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.

Customary International Humanitarian Law

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Publisher : Cambridge University Press
ISBN 13 : 0521808995
Total Pages : 610 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Customary International Humanitarian Law by : Jean-Marie Henckaerts

Download or read book Customary International Humanitarian Law written by Jean-Marie Henckaerts and published by Cambridge University Press. This book was released on 2005-03-03 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

Compliant Rebels

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Publisher : Cambridge University Press
ISBN 13 : 1316432432
Total Pages : 355 pages
Book Rating : 4.3/5 (164 download)

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Book Synopsis Compliant Rebels by : Hyeran Jo

Download or read book Compliant Rebels written by Hyeran Jo and published by Cambridge University Press. This book was released on 2015-08-21 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seventeen million people have died in civil wars and rebel violence has disrupted the lives of millions more. In a fascinating contribution to the active literature on civil wars, this book finds that some contemporary rebel groups actually comply with international law amid the brutality of civil conflicts around the world. Rather than celebrating the existence of compliant rebels, the author traces the cause of this phenomenon and argues that compliant rebels emerge when rebel groups seek legitimacy in the eyes of domestic and international audiences that care about humanitarian consequences and human rights. By examining rebel groups' different behaviors such as civilian killing, child soldiering, and allowing access to detention centers, Compliant Rebels offers key messages and policy lessons about engaging rebel groups with an eye toward reducing civilian suffering in war zones.

Non-Binding Norms in International Humanitarian Law

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Publisher : Oxford University Press
ISBN 13 : 0198819854
Total Pages : 305 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Non-Binding Norms in International Humanitarian Law by : Emily Crawford

Download or read book Non-Binding Norms in International Humanitarian Law written by Emily Crawford and published by Oxford University Press. This book was released on 2022-01-22 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph examines and analyses the phenomenon of non-binding instruments (also known as 'soft law') in the law of armed conflict, or international humanitarian law. It covers the benefits and drawbacks for States and non-States actors as well as their effectiveness and development in the context of armed conflict.

Lawmaking under Pressure

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Publisher : Cornell University Press
ISBN 13 : 150175260X
Total Pages : 260 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Lawmaking under Pressure by : Giovanni Mantilla

Download or read book Lawmaking under Pressure written by Giovanni Mantilla and published by Cornell University Press. This book was released on 2020-12-15 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Lawmaking under Pressure, Giovanni Mantilla analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order. Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.

Non-binding Norms in International Humanitarian Law

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Publisher :
ISBN 13 : 9780191860119
Total Pages : pages
Book Rating : 4.8/5 (61 download)

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Book Synopsis Non-binding Norms in International Humanitarian Law by : Emily Crawford (Writer on international law)

Download or read book Non-binding Norms in International Humanitarian Law written by Emily Crawford (Writer on international law) and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph examines and analyses the phenomenon of non-binding instruments (also known as 'soft law') in the law of armed conflict, or international humanitarian law. It covers the benefits and drawbacks for States and non-States actors as well as their effectiveness and development in the context of armed conflict.

Armed Non-State Actors in International Humanitarian and Human Rights Law

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Author :
Publisher : Routledge
ISBN 13 : 1134800614
Total Pages : 312 pages
Book Rating : 4.1/5 (348 download)

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Book Synopsis Armed Non-State Actors in International Humanitarian and Human Rights Law by : Konstantinos Mastorodimos

Download or read book Armed Non-State Actors in International Humanitarian and Human Rights Law written by Konstantinos Mastorodimos and published by Routledge. This book was released on 2017-05-15 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The accountability of armed non-state actors is a neglected field of international law, overtaken by the regimes of state responsibility and individual criminal accountability as well as fears of legitimacy. Yet armed non-state actors are important players in the international arena and their activities have significant repercussions. This book focuses on their obligations and accountability when they do not function as state agents, regardless of the existence or extent of accountability of their individual members. The author claims that their distinct features lead to their classification into three different types: de facto entities, armed non-state actors in control of territory, and common article 3 armed non-state actors. The mechanisms that trigger the applicability of humanitarian and human rights law regimes are examined in detail as well as the framework of obligations. In both cases, the author argues that armed non-state actors should not be treated as entering international law and process exclusively through the state. The study concludes by focussing on their accountability in international humanitarian and human rights law and, more specifically, to the rules of attribution, remedies and reparations for violations of their primary obligations.

International Humanitarian Law and Non-State Actors

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Publisher : Springer Nature
ISBN 13 : 9462653399
Total Pages : 451 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis International Humanitarian Law and Non-State Actors by : Ezequiel Heffes

Download or read book International Humanitarian Law and Non-State Actors written by Ezequiel Heffes and published by Springer Nature. This book was released on 2019-11-28 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the traditional approach to international law by concentrating on international hThis book challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond States: it reflects on current legal, policy and practical issues that concern non-State actors in and around situations of armed conflict. With the emergence of the nation-State, international law was almost entirely focused on inter-State relations, thus excluding - for the most part - non-State entities. In the modern era, such a focus needs to be adjusted, in order to encompass the various types of functions and interactions that those entities perform throughout numerous international decision-making processes. The contributions that comprise this volume are oriented towards a broad readership audience in the academic and professional fields related to international humanitarian law, international criminal law, international human rights law and general public international law. Ezequiel Heffes, LLM, is a Thematic Legal Adviser in the Policy and Legal Unit at Geneva Call in Geneva, Switzerland, Marcos D. Kotlik, LLM, is Academic Coordinator at the Observatory of International Humanitarian Law of the University of Buenos Aires, School of Law and was a Judicial Fellow at the International Court of Justice between 2018-2019, and Manuel J. Ventura, LLM (Hons), is an Associate Legal Officer in the Office of the Prosecutor at the International Residual Mechanism for Criminal Tribunals, an Adjunct Fellow at the School of Law at Western Sydney University, and a Director of The Peace and Justice Initiative.

Human Rights in Armed Conflict

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Publisher : Cambridge University Press
ISBN 13 : 1107087546
Total Pages : 433 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Human Rights in Armed Conflict by : Gerd Oberleitner

Download or read book Human Rights in Armed Conflict written by Gerd Oberleitner and published by Cambridge University Press. This book was released on 2015-03-05 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of the legal challenges and practical consequences of applying international human rights law in armed conflict situations.

International Humanitarian Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1800886918
Total Pages : 796 pages
Book Rating : 4.8/5 (8 download)

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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.

Beyond Human Rights

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Publisher : Cambridge University Press
ISBN 13 : 1107164303
Total Pages : 645 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Beyond Human Rights by : Anne Peters

Download or read book Beyond Human Rights written by Anne Peters and published by Cambridge University Press. This book was released on 2016-10-27 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

Legitimacy and Legality in International Law

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Publisher : Cambridge University Press
ISBN 13 : 1139491474
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Legitimacy and Legality in International Law by : Jutta Brunnée

Download or read book Legitimacy and Legality in International Law written by Jutta Brunnée and published by Cambridge University Press. This book was released on 2010-08-05 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.

The Practical Guide to Humanitarian Law

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Publisher : Rowman & Littlefield Publishers
ISBN 13 : 1442221135
Total Pages : 827 pages
Book Rating : 4.4/5 (422 download)

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Book Synopsis The Practical Guide to Humanitarian Law by : Françoise Bouchet-Saulnier

Download or read book The Practical Guide to Humanitarian Law written by Françoise Bouchet-Saulnier and published by Rowman & Littlefield Publishers. This book was released on 2013-12-12 with total page 827 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in a comprehensively updated edition, this indispensable handbook analyzes how international humanitarian law has evolved in the face of these many new challenges. Central concerns include the war on terror, new forms of armed conflict and humanitarian action, the emergence of international criminal justice, and the reshaping of fundamental rules and consensus in a multipolar world. ThePractical Guide to Humanitarian Law provides the precise meaning and content for over 200 terms such as terrorism, refugee, genocide, armed conflict, protection, peacekeeping, torture, and private military companies—words that the media has introduced into everyday conversation, yet whose legal and political meanings are often obscure. The Guide definitively explains the terms, concepts, and rules of humanitarian law in accessible and reader-friendly alphabetical entries. Written from the perspective of victims and those who provide assistance to them, the Guide outlines the dangers, spells out the law, and points the way toward dealing with violations of the law. Entries are complemented by analysis of the decisions of relevant courts; detailed bibliographic references; addresses, phone numbers, and Internet links to the organizations presented; a thematic index; and an up-to-date list of the status of ratification of more than thirty international conventions and treaties concerning humanitarian law, human rights, refugee law, and international criminal law. This unprecedented work is an invaluable reference for policy makers and opinion leaders, students, relief workers, and members of humanitarian organizations. Published in cooperation with Doctors Without Borders/Médecins Sans Frontières.

The Making of International Law

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Publisher : OUP Oxford
ISBN 13 : 0191021768
Total Pages : 368 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Making of International Law by : Alan Boyle

Download or read book The Making of International Law written by Alan Boyle and published by OUP Oxford. This book was released on 2007-02-22 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.

Legitimacy in International Law

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 3540777644
Total Pages : 422 pages
Book Rating : 4.5/5 (47 download)

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Book Synopsis Legitimacy in International Law by : Rüdiger Wolfrum

Download or read book Legitimacy in International Law written by Rüdiger Wolfrum and published by Springer Science & Business Media. This book was released on 2008-02-26 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.

Autonomous Weapons Systems and the Protection of the Human Person

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Publisher : Edward Elgar Publishing
ISBN 13 : 1802207678
Total Pages : 304 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis Autonomous Weapons Systems and the Protection of the Human Person by : Mauri, Diego

Download or read book Autonomous Weapons Systems and the Protection of the Human Person written by Mauri, Diego and published by Edward Elgar Publishing. This book was released on 2022-05-24 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to understand how public organizations adapt to and manage situations characterized by fluidity, ambiguity, complexity and unclear technologies, thus exploring public governance in times of turbulence.