The Problem of Enforcement in International Law

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Publisher : Routledge
ISBN 13 : 1135232830
Total Pages : 366 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis The Problem of Enforcement in International Law by : Elena Katselli Proukaki

Download or read book The Problem of Enforcement in International Law written by Elena Katselli Proukaki and published by Routledge. This book was released on 2009-12-16 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the contentious topic of how collective and community issues should be protected and enforced in international law. Elena Katselli Proukaki takes a detailed look at the issue of third-State countermeasures, and considers the work the International Law Commission has done in this area. The volume addresses both the theory and practice of third-State countermeasures within international law. Critically reviewing the conclusions of the International Law Commission on the non-existence of a right to third-State countermeasures, it includes consideration of examples of State practice not previously covered in the literature of this topic. In taking a thorough view of the issues involved the author identifies concerns about third-State countermeasures which remain unanswered, and considers the possible legal ramifications arising from a clash between a right to third-State countermeasures and obligations arising from other international norms. The Problem of Enforcement in International Law explores questions evolving around the nature, integrity and effectiveness of international law and the role it is called to play in a contemporary context. This book is of great interest and value not only for specialists in this area of international law, but also human rights, trade and EU lawyers, practitioners, legal advisers, and students.

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.

Renegotiating the Nuclear Order

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Publisher : Routledge
ISBN 13 : 1000373851
Total Pages : 184 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Renegotiating the Nuclear Order by : Tarja Cronberg

Download or read book Renegotiating the Nuclear Order written by Tarja Cronberg and published by Routledge. This book was released on 2021-04-06 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Renegotiating the Nuclear Order offers a sociological approach to the nuclear order, and order defined by nuclear technology and nuclear weapons. The focus is on the need to renegotiate the nuclear order, given the conflict between deterrence and disarmament and the unbalanced distribution of rights and responsibilities between the nuclear and nonnuclear states. The study applies the concepts, a relevant social group, and a technological frame developed in the sociology of technology on the current competition between the Non-Proliferation Treaty and the Treaty on the Prohibition on Nuclear Weapons. The negotiations of the nuclear programs of North Korea and Iran form the empirical background. The policy challenges identified in the sociotechnical analysis are threefold. Firstly, there is the need to guarantee the credibility of the nuclear diplomacy in the gap between the “military” and the “peaceful”. Secondly, during the past 50 years the rights of the non-nuclear states have been undermined, while the nuclear-weapon states have ignored their disarmament obligations. There is a need to renegotiate a new balance. Thirdly, the relationship between the two treaties has to be clarified. The proposal is to clearly separate the two into a comprehensive treaty on non-proliferation and to a verifiable treaty on prohibiting nuclear weapons. This book will be of much interest to students of security studies, arms control and disarmament, sociology, STS (Science-Technology-Society) studies, and International Relations.

Reforming the UN Security Council Membership

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Publisher : Routledge
ISBN 13 : 0415505909
Total Pages : 346 pages
Book Rating : 4.4/5 (155 download)

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Book Synopsis Reforming the UN Security Council Membership by : Sabine Hassler

Download or read book Reforming the UN Security Council Membership written by Sabine Hassler and published by Routledge. This book was released on 2013 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book places the discussion on reform of the Security Council membership in the context of its primary responsibility at the helm of the UN collective security system.

United Nations Documents Index

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Publisher :
ISBN 13 : 9789211011500
Total Pages : 508 pages
Book Rating : 4.0/5 (115 download)

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Book Synopsis United Nations Documents Index by :

Download or read book United Nations Documents Index written by and published by . This book was released on 2007 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

Hybrid and Internationalised Criminal Tribunals

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847319254
Total Pages : 389 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Hybrid and Internationalised Criminal Tribunals by : Sarah Williams

Download or read book Hybrid and Internationalised Criminal Tribunals written by Sarah Williams and published by Bloomsbury Publishing. This book was released on 2012-04-02 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years a number of criminal tribunals have been established to investigate, prosecute and try individuals accused of serious violations of international humanitarian law and international human rights law. These tribunals have been described as 'hybrid' or 'internationalised' tribunals as their structure and applicable law consist of both international and national elements. Six such tribunals are currently in operation: the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, the International Judges and Prosecutors Programme in Kosovo, the War Crimes Chamber for Bosnia and Herzegovina, the Iraqi High Tribunal and the Special Tribunal for Lebanon. The Special Panels for Serious Crimes in East Timor suspended operation in May 2005, although there continues to be some international involvement in investigation and prosecution of serious crimes. Suggestions have also been made that this model of tribunal would be appropriate for the prosecution of atrocities committed in, among others, Burundi, the Sudan, the Democratic Republic of Congo, Kenya and Liberia, as well as for a wider range of international crimes, most recently piracy. The key aims of this book are: to place the model of hybrid and internationalised tribunals in the context of other mechanisms to try international crimes; to examine the increasing demand for the establishment of hybrid and internationalised judicial institutions and the factors driving such demand; to define the category of 'hybrid and internationalised tribunals' by examining the key features of the existing and proposed hybrid or internationalised tribunals, as well as the features of those institutions with international elements that are generally excluded from this category; to determine the legal and jurisdictional bases of existing hybrid and internationalised tribunals; to analyse how the legal and jurisdictional basis of a tribunal affects other issues, such as the applicable law, the application of amnesties and immunities and the relationship of the tribunal with the host state, third states, national courts and other international criminal tribunals. The book concentrates on the definitional, legal and jurisdictional aspects of hybrid and internationalised criminal tribunals as this has been the subject of some confusion in arguments before the tribunals and in the judgments of the tribunals. In its concluding section, the book examines the future role of internationalised and hybrid criminal tribunals, particularly in light of the establishment of the ICC, and the potential use of such tribunals in other contexts. It also assesses how hybrid and internationalised tribunals fit into a 'multi-layered framework' of international criminal law and transitional justice.

Terrorism and the State

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 184731015X
Total Pages : 402 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Terrorism and the State by : Tal Becker

Download or read book Terrorism and the State written by Tal Becker and published by Bloomsbury Publishing. This book was released on 2006-03-23 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2007 Paul Guggenheim Prize! Today's terrorists possess unprecedented power, but the State still plays a crucial role in the success or failure of their plans. Terrorists count on governmental inaction, toleration or support. And citizens look to the State to protect them from the dangers that these terrorists pose. But the rules of international law that regulate State responsibility for preventing terrorism were crafted for a different age. They are open to abuse and poorly suited to hold States accountable for sponsoring or tolerating contemporary terrorist activity. It is time that these rules were reconceived. Tal Becker's incisive and ground-breaking book analyses the law of State responsibility for non-State violence and examines its relevance in a world coming to terms with the threat of catastrophic terrorism. The book sets out the legal duties of States to prevent, and abstain from supporting, terrorist activity and explores how to maximise State compliance with these obligations. Drawing on a wealth of precedents and legal sources, the book offers an innovative approach to regulating State responsibility for terrorism, inspired by the principles and philosophy of causation. In so doing, it presents a new conceptual and legal framework for dealing with the complex interactions between State and non-State actors that make terrorism possible, and offers a way to harness international law to enhance human security in a post-9/11 world.

International Law and the War with Islamic State

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509950524
Total Pages : 217 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis International Law and the War with Islamic State by : Saeed Bagheri

Download or read book International Law and the War with Islamic State written by Saeed Bagheri and published by Bloomsbury Publishing. This book was released on 2021-07-15 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Armed non-state actors (ANSAs) often have economic aims that international law needs to respond to. This book looks at the aim of Islamic State to create an effective government, with an economically independent regime, which focused on key oilfields in Syria and Iraq. Having addressed Islamic State's quest for energy resources in Iraq and Syria, the book explores the lawfulness of the war with Islamic State from a variety of legal aspects. It has been attempted to make inroads into the most controversial aspects of contradictions in the application of jus ad bellum and jus in bello, particularly when discussing the use of extraterritorial armed force against ANSAs, and the obligation to protect civilian objects, including the natural environment. The question is whether the targeting of energy resources should be regarded as a violation of the laws of armed conflict, even though the war with Islamic State being classified as a non-international armed conflict. Ambitious in scope, the study argues that legal theory and state practice are still problematic as to how and under what conditions states can justify resorting to military force in foreign territory, and to what extent they can target natural resources as being part of state property. Furthermore, it goes on to examine the differences between international and non-international armed conflicts, to establish whether there is any difference in the targeting of energy resources as part of the war-sustaining capabilities of either party. Through an examination of the Islamic State case, the book offers a comprehensive study to close the gaps in jus in bello by contextualising the questions of civilian protection, victimisation and state responsibility by evaluating the US's war-sustaining theory as a justification for the destruction of a territorial state's natural resources that are occupied by ANSAs.

UNDOC, Current Index

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Author :
Publisher :
ISBN 13 :
Total Pages : 596 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 1986 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt:

United Nations Juridical Yearbook 2008

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Publisher : United Nations Publications
ISBN 13 : 9789211336856
Total Pages : 0 pages
Book Rating : 4.3/5 (368 download)

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Book Synopsis United Nations Juridical Yearbook 2008 by : United Nations

Download or read book United Nations Juridical Yearbook 2008 written by United Nations and published by United Nations Publications. This book was released on 2010-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This yearbook contains documentary texts of treaties and other materials concerning the legal status and activities of the United Nations and related inter-governmental organizations. It also presents the judicial decisions on questions related to the Organization. A bibliography on jurisprudence is included.

Multilateral Treaties Deposited with the Secretary General

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Publisher :
ISBN 13 : 9789211337297
Total Pages : 0 pages
Book Rating : 4.3/5 (372 download)

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Book Synopsis Multilateral Treaties Deposited with the Secretary General by : United Nations

Download or read book Multilateral Treaties Deposited with the Secretary General written by United Nations and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Historical Review of Developments Relating to Aggression

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Publisher : United Nations Publications
ISBN 13 :
Total Pages : 460 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Historical Review of Developments Relating to Aggression by : United Nations

Download or read book Historical Review of Developments Relating to Aggression written by United Nations and published by United Nations Publications. This book was released on 2003 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report was prepared for the Working Group on the Crime of Aggression at the 8th session of Preparatory Commission, held in September-October 2001. The paper consists of four parts relating to: the Nuremberg tribunal; tribunals establish pursuant to Control Council Law number 10; the Tokyo tribunal; and the United Nations. Annexes contain tables regarding aggression by a State and individual responsibility for crimes against peace. The paper seeks to provide an objective, analytical overview of the history and major developments relating to aggression, both before and after the adoption of the UN Charter.

Eavesdropping on Hell

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Publisher : Courier Corporation
ISBN 13 : 0486481271
Total Pages : 226 pages
Book Rating : 4.4/5 (864 download)

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Book Synopsis Eavesdropping on Hell by : Robert J. Hanyok

Download or read book Eavesdropping on Hell written by Robert J. Hanyok and published by Courier Corporation. This book was released on 2005-01-01 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This official government publication investigates the impact of the Holocaust on the Western powers' intelligence-gathering community. It explains the archival organization of wartime records accumulated by the U.S. Army's Signal Intelligence Service and Britain's Government Code and Cypher School. It also summarizes Holocaust-related information intercepted during the war years.

The Special Tribunal for Lebanon

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Publisher : Oxford University Press, USA
ISBN 13 : 0199687455
Total Pages : 339 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Special Tribunal for Lebanon by : Amal Alamuddin

Download or read book The Special Tribunal for Lebanon written by Amal Alamuddin and published by Oxford University Press, USA. This book was released on 2014-02 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Special Tribunal of the Lebanon is the first international Tribunal established to try the perpetrators of a terrorist act: the murder of the Lebanese Prime Minister in 2005. This book, written by practitioners with experience of the court and experts in international criminal law, provides a detailed assessment of its unique law and practice.

Charter of the United Nations and Statute of the International Court of Justice

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Author :
Publisher : UN
ISBN 13 : 9789210016513
Total Pages : 112 pages
Book Rating : 4.0/5 (165 download)

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Book Synopsis Charter of the United Nations and Statute of the International Court of Justice by : United Nations

Download or read book Charter of the United Nations and Statute of the International Court of Justice written by United Nations and published by UN. This book was released on 2015-08-30 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Charter of the United Nations was signed in 1945 by 51 countries representing all continents, paving the way for the creation of the United Nations on 24 October 1945. The Statute of the International Court of Justice forms part of the Charter. The aim of the Charter is to save humanity from war; to reaffirm human rights and the dignity and worth of the human person; to proclaim the equal rights of men and women and of nations large and small; and to promote the prosperity of all humankind. The Charter is the foundation of international peace and security.

The Use of Force and International Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108643418
Total Pages : 442 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The Use of Force and International Law by : Christian Henderson

Download or read book The Use of Force and International Law written by Christian Henderson and published by Cambridge University Press. This book was released on 2018-05-10 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Use of Force and International Law offers an authoritative overview of international law governing the resort to force. Looking through the prism of the contemporary challenges that this area of international law faces, including technology, sovereignty, actors, compliance and enforcement, this book addresses key aspects of international law in this area: the general breadth and scope of the prohibition of force, what is meant by 'force', the use of force through the UN and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, forcible intervention in civil conflicts, the controversial doctrine of humanitarian intervention. Suitable for advanced undergraduate and postgraduate students, academics and practitioners, The Use of Force and International Law offers a contemporary, comprehensive and accessible treatment of the subject.