Reappraising the Resort to Force

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315577
Total Pages : 194 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Reappraising the Resort to Force by : Lindsay Moir

Download or read book Reappraising the Resort to Force written by Lindsay Moir and published by Bloomsbury Publishing. This book was released on 2010-01-20 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: A number of commentators assert that the military response to the terrorist atrocities of 11 September 2001 - encompassing attacks on Afghanistan and Iraq, and commonly referred to as the 'war on terror' - has significantly impacted upon the international law regulating resort to armed force by states (jus ad bellum), loosening the constraints on self-defence. Some even suggest that the very future of the United Nations, in particular the Security Council and its collective security system, is at risk - at least in its current form. This book does not address the question of the future of the United Nations, an issue probably best left to scholars of international relations. Instead, it seeks to place the 'war on terror' within the context of international law, assessing how, or whether, it can be accommodated within the existing legal framework limiting the use of force. Through an examination of the lawfulness (or otherwise) of both Operation Enduring Freedom and Operation Iraqi Freedom, including the legal justifications advanced by those states involved and the reaction of the international community, and involving a detailed discussion of the most important developments (ie, the permissibility of self-defence against non-state, terrorist, actors and the 'Bush doctrine' of pre-emptive self-defence against terrorists as proclaimed in the 2002 US National Security Strategy) the book determines whether, and to what extent, the right to use force - or the acceptability of such military action - is currently undergoing a radical transformation. By assessing subsequent developments illustrating the impact that military action against Afghanistan and Iraq has had on the jus ad bellum, this book represents a distinctive and original contribution to the academic literature.

Basic Documents on United Nations and Related Peace-Keeping Forces

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Author :
Publisher : Springer
ISBN 13 :
Total Pages : 300 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Basic Documents on United Nations and Related Peace-Keeping Forces by : Robert C. Siekmann

Download or read book Basic Documents on United Nations and Related Peace-Keeping Forces written by Robert C. Siekmann and published by Springer. This book was released on 1985-04-22 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The collapse of the totalitarian system & the disintegration of the Soviet Union took the West by complete surprise. For many years Western cooperation & West European integration proceeded on the assumption that the division of Europe & Germany would be there to stay. As a consequence, the Western states are now having great difficulties in adapting their cooperative arrangements to the challenges of a new European environment, & in coping with the political problems that had been swept under the carpet for the sake of preserving `bipolar stability'. In his new book, Alting von Geusau offers a fresh & timely analysis of Western cooperation from a post-totalitarian perspective. He reminds the reader of America's involvement & the tragic consequences of the two world wars. He explains why `the order of Yalta' was a myth & how the Soviet designs for Europe were ultimately defeated by civil resistance. Post-war American leadership created the free space for the remarkable growth of Western organisations & the dynamics of European integration. American & French policies of containment are reexamined for the same post-totalitarian perspective... & found in need to adapt to the new realities. In two final chapters, the author carefully reviews the agreements reached in the principal Western & European organizations between November 1989 & January 1992 with a view to adapting their tasks to the new Europe. He also underlines the emerging importance of a new partnership between the United States & united Germany. Combining historical, legal & political analysis, this new title is an important source of reference & a highly useful textbook for advanced students in European organization & Western cooperation. In addition it will be especially useful to training programmes for scholars, students & diplomats from East & Central Europe & the republics of the former Soviet Union.

Protection of Personnel in Peace Operations

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Author :
Publisher : BRILL
ISBN 13 : 9047419383
Total Pages : 376 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Protection of Personnel in Peace Operations by : Ola Engdahl

Download or read book Protection of Personnel in Peace Operations written by Ola Engdahl and published by BRILL. This book was released on 2007-02-28 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1994 Convention on the Safety of United Nations and Associated Personnel (Safety Convention) was the first multilateral convention to deal specifically with the protection of personnel engaged in peace operations. It should be viewed against the background of the increasingly volatile environments in which peace operation personnel were required to operate at the beginning of the 1990s. An Optional Protocol, extending the automatic application of the Safety Convention to new categories of operation, was adopted in December 2005. Protection, which a host government is responsible for securing for personnel in peace operations, may be categorised as general and special protection. The former includes, for example, human rights law and international humanitarian law. The latter comprises privileges and immunities accorded to agents of states or organisations. The contribution of the Safety Convention is mainly one of interstate penal law co-operation. States parties are obligated to co-operate in order to effectively prosecute the perpetrators of stipulated crimes. The protection afforded by the Safety Convention may therefore be categorised as being part of an emerging legal regime against impunity. An effective protection needs to address the specific challenges surrounding peace operations. Some of these challenges, identified in this study, are related to the interplay between the rules of peace and war as well as responsibility and accountability of protected personnel. It is also contended that there is a need for an effective implementation of existing rules, and a careful development of so-called status-of-forces agreements applicable in peace operations.

Neutrality in Contemporary International Law

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Publisher : Oxford University Press
ISBN 13 : 0191060283
Total Pages : 273 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Neutrality in Contemporary International Law by : James Upcher

Download or read book Neutrality in Contemporary International Law written by James Upcher and published by Oxford University Press. This book was released on 2020-04-30 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of neutrality - the corpus of legal rules regulating the relationship between belligerents and States taking no part in hostilities - assumed its modern form in a world in which the waging of war was unconstrained. The neutral State enjoyed territorial inviolability to the extent that it adhered to the obligations attaching to its neutral status and thus the law of neutrality provided spatial parameters for the conduct of hostilities. Yet the basis on which the law of neutrality developed - the extra-legal character of war - no longer exists. Does the law of neutrality continue to survive in the modern era? If so, how has it been modified by the profound changes in the law on the use of force and the law of armed conflict? This book argues that neutrality endures as a key concept of the law of armed conflict. The interaction between belligerent and nonbelligerent States continues to require legal regulation, as demonstrated by a number of recent conflicts, including the Iraq War of 2003 and the Mavi Marmara incident of 2010. By detailing the rights and duties of neutral states and demonstrating how the rules of neutrality continue to apply in modern day conflicts, this restatement of law of neutrality will be a useful guide to legal academics working on the law of armed conflict, the law on the use of force, and the history of international law, as well as for government and military lawyers seeking comprehensive guidance in this difficult area of the law.

Extraterritorial Use of Force Against Non-State Actors

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191029734
Total Pages : 311 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Extraterritorial Use of Force Against Non-State Actors by : Noam Lubell

Download or read book Extraterritorial Use of Force Against Non-State Actors written by Noam Lubell and published by OUP Oxford. This book was released on 2010-05-27 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the primary relevant rules of international law applicable to extra-territorial use of force by states against non-state actors. Force in this context takes many forms, ranging from targeted killings and abductions of individuals to large-scale military operations amounting to armed conflict. Actions of this type have occurred in what has become known as the 'war on terror', but are not limited to this context. Three frameworks of international law are examined in detail. These are the United Nations Charter and framework of international law regulating the resort to force in the territory of other states; the law of armed conflict, often referred to as international humanitarian law; and the law enforcement framework found in international human rights law. The book examines the applicability of these frameworks to extra-territorial forcible measures against non-state actors, and analyses the difficulties and challenges presented by application of the rules to these measures. The issues covered include, among others: the possibility of self-defence against non-state actors, including anticipatory self-defence; the lawfulness of measures which do not conform to the parameters of self-defence; the classification of extra-territorial force against non-state actors as armed conflict; the 'war on terror' as an armed conflict; the laws of armed conflict regulating force against groups and individuals; the extra-territorial applicability of international human rights law; and the regulation of forcible measures under human rights law. Many of these issues are the subject of ongoing and longstanding debate. The focus in this work is on the particular challenges raised by extra-territorial force against non-state actors and the book offers a number of solutions to these challenges.

The Department of State Bulletin

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Author :
Publisher :
ISBN 13 :
Total Pages : 596 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Department of State Bulletin by :

Download or read book The Department of State Bulletin written by and published by . This book was released on 1982 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Use of Force in International Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0191087181
Total Pages : 961 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Use of Force in International Law by : Tom Ruys

Download or read book The Use of Force in International Law written by Tom Ruys and published by Oxford University Press. This book was released on 2018-04-26 with total page 961 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international law on the use of force is one of the oldest branches of international law. It is an area twinned with the emergence of international law as a concept in itself, and which sees law and politics collide. The number of armed conflicts is equal only to the number of methodological approaches used to describe them. Many violent encounters are well known. The Kosovo Crisis in 1999 and the US-led invasion of Iraq in 2003 spring easily to the minds of most scholars and academics, and gain extensive coverage in this text. Other conflicts, including the Belgian operation in Stanleyville, and the Ethiopian Intervention in Somalia, are often overlooked to our peril. Ruys and Corten's expert-written text compares over sixty different instances of the use of cross border force since the adoption of the UN Charter in 1945, from all out warfare to hostile encounters between individual units, targeted killings, and hostage rescue operations, to ask a complex question. How much authority does the power of precedent really have in the law of the use of force?

US-Sandinista Diplomatic Relations

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Publisher : Springer
ISBN 13 : 1349242292
Total Pages : 285 pages
Book Rating : 4.3/5 (492 download)

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Book Synopsis US-Sandinista Diplomatic Relations by : David Ryan

Download or read book US-Sandinista Diplomatic Relations written by David Ryan and published by Springer. This book was released on 2016-07-27 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'It is riveting. Ryan provides us with one of the best accounts of the Raegan-era foreign policy available, dealing with a portion of history that took place in Central America in the Eighties. For future historians of the Cold War, Ryan's book will be a necessary point of reference.' - Bernardo Sepulveda Amor US-Sandinista Diplomatic Relations examines the reasons why agreement was not reached between the United States and Nicaragua between 1979 and 1990. The traditional US hegemonic approach to the region was applied to the Sandinista revolutionary government which the Reagan administration wanted out of power. Washington's responses to the various attempts at finding a diplomatic solution were to block agreement where possible, but concurrently demonstrate support for diplomacy to encourage Congressional support for the ongoing low intensity conflict.

UNDOC, Current Index

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Author :
Publisher :
ISBN 13 :
Total Pages : 934 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis UNDOC, Current Index by :

Download or read book UNDOC, Current Index written by and published by . This book was released on 1985 with total page 934 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Markup

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Author :
Publisher :
ISBN 13 :
Total Pages : 80 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Markup by : United States. Congress. Senate. Committee on Foreign Relations

Download or read book Markup written by United States. Congress. Senate. Committee on Foreign Relations and published by . This book was released on 1983 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Current Policy

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Publisher :
ISBN 13 :
Total Pages : 442 pages
Book Rating : 4.:/5 (1 download)

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Book Synopsis Current Policy by :

Download or read book Current Policy written by and published by . This book was released on 1981 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Current Policy

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Publisher :
ISBN 13 :
Total Pages : 254 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis Current Policy by : United States. Department of State. Bureau of Public Affairs

Download or read book Current Policy written by United States. Department of State. Bureau of Public Affairs and published by . This book was released on 1982 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Lebanon, Plan for the PLO Evacuation from West Beirut

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Author :
Publisher :
ISBN 13 :
Total Pages : 16 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Lebanon, Plan for the PLO Evacuation from West Beirut by :

Download or read book Lebanon, Plan for the PLO Evacuation from West Beirut written by and published by . This book was released on 1982 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:

United Nations Correspondence Manual : a Guide to the Drafting, Processing, and Dispatch of Official United Nations Communications

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Author :
Publisher :
ISBN 13 :
Total Pages : 80 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis United Nations Correspondence Manual : a Guide to the Drafting, Processing, and Dispatch of Official United Nations Communications by : United Nations. Department of General Assembly Affairs and Conference Services

Download or read book United Nations Correspondence Manual : a Guide to the Drafting, Processing, and Dispatch of Official United Nations Communications written by United Nations. Department of General Assembly Affairs and Conference Services and published by . This book was released on 2000 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Peacekeeping In Lebanon

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Author :
Publisher : Routledge
ISBN 13 : 0429712510
Total Pages : 284 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis International Peacekeeping In Lebanon by : Ramesh Thakur

Download or read book International Peacekeeping In Lebanon written by Ramesh Thakur and published by Routledge. This book was released on 2019-04-09 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the efficacy of U.N. peace efforts, Dr. Ramesh Thakur compares limited peacekeeping through U.N. authority with more coercive means such as the Multinational Force (MNF) in Lebanon. He finds that the role of the U.S.-led MNF coalition cannot be justified in terms of great-power responsibility for ensuring a stable international order, since the coalition has attempted to substitute military power for authoritative peacekeeping. When MNF legitimacy was questioned and authority was challenged, the MNF's use of force in response to those challenges switched the coalition's role from third-party peacekeeper to factional participant. As a result, every successive attempt to strengthen the MNF mandate has further subordinated the concept of neutral international peacekeeping to calculated support of national interests. If reasoned attempts to keep the peace are not to collapse into exercises in national self-interest, then peacekeeping responsibilities must remain with the U.N., supported by the great powers: Only the U.N. can provide an authoritative exposition of values within the context of international society and bestow international legitimacy upon peacekeeping activities; only the great powers can back the U.N. with requisite force.

Repertoire of the Practice of the Security Council

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Author :
Publisher :
ISBN 13 :
Total Pages : 396 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Repertoire of the Practice of the Security Council by : United Nations. Security Council

Download or read book Repertoire of the Practice of the Security Council written by United Nations. Security Council and published by . This book was released on 1981 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:

State Responsibility for International Terrorism

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Publisher : OUP Oxford
ISBN 13 : 0191621668
Total Pages : 320 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis State Responsibility for International Terrorism by : Kimberley N. Trapp

Download or read book State Responsibility for International Terrorism written by Kimberley N. Trapp and published by OUP Oxford. This book was released on 2011-06-02 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules of state responsibility have an important but under-utilized role to play in the terrorism context. They determine both whether a breach of primary obligations has occurred, through the rules of attribution, and the consequences which flow from that breach, including the possible adoption of responsive measures by injured states. This book explores the substantive international legal obligations and rules of state responsibility applicable to international terrorism and examines the problems and prospects for effectively holding states responsible for internationally wrongful acts related to terrorism. In particular, it analyses the way in which the implementation of state responsibility for international terrorism may be affected by the self-determination debate, any applicable lex specialis (including the jus in bello), and sub-systems of international law (such as the WTO-), as well as the interaction between determinations of individual criminal responsibility and the implementation of state responsibility. The international community has responded to the threat of international terrorism both through a security/jus ad bellum paradigm and by creating an international criminal law framework to address the conduct of non-state terrorist actors. The secondary rules of state responsibility analysed in this book cut across both approaches as they apply, whether states breaching their primary obligations relating to terrorism through participation in or a failure to prevent or punish terrorism. While this book identifies a number of problems in implementing state responsibility for international terrorism, it also highlights the prospects for the rules of state responsibility to make a crucial contribution to maintaining respect for obligations which lie at the very foundations of the contemporary international legal order, and to restoring the relationships between states if those obligations are breached.