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Author : James Upcher
Publisher :
ISBN 13 :
Total Pages : 838 pages
Book Rating : 4.:/5 (16 download)
Download or read book Neutrality in Contemporary International Law written by James Upcher and published by . This book was released on 2010 with total page 838 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : James Upcher
Publisher : Oxford Monographs in Internati
ISBN 13 : 0198739761
Total Pages : 324 pages
Book Rating : 4.1/5 (987 download)
Download or read book Neutrality in Contemporary International Law written by James Upcher and published by Oxford Monographs in Internati. This book was released on 2020-01-19 with total page 324 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.
Author : Kentaro Wani
Publisher : Taylor & Francis
ISBN 13 : 1351978551
Total Pages : 245 pages
Book Rating : 4.3/5 (519 download)
Download or read book Neutrality in International Law written by Kentaro Wani and published by Taylor & Francis. This book was released on 2017-02-24 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Neutrality is a legal relationship between a belligerent State and a State not participating in a war, namely a neutral State. The law of neutrality is a body of rules and principles that regulates the legal relations of neutrality. The law of neutrality obliges neutral States to treat all belligerent States impartially and to abstain from providing military and other assistance to belligerents. The law of neutrality is a branch of international law that developed in the nineteenth century, when international law allowed unlimited freedom of sovereign States to resort to war. Thus, there has been much debate as to whether such a branch of law remains valid in modern international law, which generally prohibits war and the use of force by States. While there has been much debate regarding the current status of neutrality in modern international law, there is a general agreement among scholars as to the basic features of the traditional law of neutrality. Wani challenges the conventional understanding of the traditional neutrality by re-examining the historical development of the law of neutrality from the sixteenth century to 1945. The modification of the conventional understanding will provide a fundamentally new framework for discussing the current status of neutrality in modern international law.
Author : Alexander Spring
Publisher : Dike Publishers
ISBN 13 : 9783037516560
Total Pages : 0 pages
Book Rating : 4.5/5 (165 download)
Download or read book The International Law Concept of Neutrality in the 21st Century written by Alexander Spring and published by Dike Publishers. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even though 'neutrality' - the non-participation of states in international armed conflicts - is a well-known concept of traditional international public law, its value in the 21st century is disputed. Some regard the concept as obsolete, while others still view it as an important contribution to a peaceful world. This book analyzes the contemporary international law concept of neutrality. At the heart lies the question of the present-day value of neutrality for international law. For a deeper understanding of the legal concept, a historical overview of neutrality is followed by a presentation of the different types of neutrality, along with a look at the remaining neutral states of the 21st century. An examination of the sources of neutrality law, its scope of application, as well as the detailed rights and duties of neutral States will answer the question of what it entails nowadays to be neutral in the legal sense. A clear distinction between the law and politics of neutrality is also important. Special attention is given to the traditional problem of exporting war materials, along with the newer developments of private militaries and security companies, as well as cyber warfare. The focus of the book lies on Switzerland as the archetype of a contemporary neutral state. (Series: Dike Law Books) [Subject: Public International Law, Neutrality Law, Swiss Law]
Author : Constantine Antonopoulos
Publisher : Cambridge University Press
ISBN 13 : 1009092774
Total Pages : 295 pages
Book Rating : 4.0/5 (9 download)
Download or read book Non-Participation in Armed Conflict written by Constantine Antonopoulos and published by Cambridge University Press. This book was released on 2022-03-03 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non participation in armed conflict gives rise to the relevance, role and content of the law of neutrality in contemporary international law. Despite scholarly opinion to the contrary the challenges posed by collective security and the prohibition of the use of force have not made neutrality obsolete. The validity of the law of neutrality is reaffirmed in State practice, mainly in the form of national military manuals, and the case-law of international tribunals. The legal framework of neutrality remains unchanged with respect to most rules. At the same time, it has been adapted to the evolution of the law of the sea as a result of the 1982 UN Law of the Sea Convention, the globalization of trade and the use of cyberspace in armed conflict. This has been achieved mainly through soft law documents and national military manuals. Neutrality, however, remains inapplicable in non-international armed conflict.
Author :
Publisher :
ISBN 13 :
Total Pages : 818 pages
Book Rating : 4.F/5 ( download)
Download or read book Research in International Law written by and published by . This book was released on 1937 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Lassa Oppenheim
Publisher : Franklin Classics
ISBN 13 : 9780341935674
Total Pages : 638 pages
Book Rating : 4.9/5 (356 download)
Download or read book International Law written by Lassa Oppenheim and published by Franklin Classics. This book was released on 2018-10-09 with total page 638 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : Robert W. Tucker
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584775823
Total Pages : 464 pages
Book Rating : 4.5/5 (847 download)
Download or read book The Law of War and Neutrality at Sea written by Robert W. Tucker and published by The Lawbook Exchange, Ltd.. This book was released on 2022-07-19 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published at a time when international law was processing the challenges introduced during World War II and the Korean Conflict, and when the United Nations, the World Court and other new international bodies were exerting influence as judicial bodies, Tucker's analysis was a timely guide to a legal field in the midst of unprecedented change. Tucker is professor emeritus of American foreign policy at the Nitze School of Advanced International Studies, Johns Hopkins University. A graduate of the U.S. Naval Academy and UC-Berkeley, where he earned a Ph.D. in political science, he is the author of several notable books including The Just War (1960), The Inequality of Nations (1977) and, with David C. Hendrickson, The Imperial Temptation: The New World Order and America's Purpose (1992). xiii, 448 pp.
Author : Herbert R. Reginbogin
Publisher : Rowman & Littlefield
ISBN 13 : 1793610290
Total Pages : 251 pages
Book Rating : 4.7/5 (936 download)
Download or read book Permanent Neutrality written by Herbert R. Reginbogin and published by Rowman & Littlefield. This book was released on 2020-03-13 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines the theory, practice, and application of state neutrality in international relations. With a focus on its modern-day applications, the studies in this volume analyze the global implications of permanent neutrality for Taiwan, Russia, Ukraine, the European Union, and the United States. Exploring permanent neutrality’s role as a realist security model capable of rivaling collective security, the authors argue that permanent neutrality has the potential to decrease major security dilemmas on the global stage.
Author : Isabel V. Hull
Publisher : Cornell University Press
ISBN 13 : 0801470641
Total Pages : 462 pages
Book Rating : 4.8/5 (14 download)
Download or read book A Scrap of Paper written by Isabel V. Hull and published by Cornell University Press. This book was released on 2014-04-16 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A Scrap of Paper, Isabel V. Hull compares wartime decision making in Germany, Great Britain, and France, weighing the impact of legal considerations in each. She demonstrates how differences in state structures and legal traditions shaped the way the three belligerents fought the war. Hull focuses on seven cases: Belgian neutrality, the land war in the west, the occupation of enemy territory, the blockade, unrestricted submarine warfare, the introduction of new weaponry, and reprisals. A Scrap of Paper reconstructs the debates over military decision-making and clarifies the role law played—where it constrained action, where it was manipulated, where it was ignored, and how it developed in combat—in each case. A Scrap of Paper is a passionate defense of the role that the law must play to govern interstate relations in both peace and war.
Author : Andrew Clapham
Publisher :
ISBN 13 : 0199559694
Total Pages : 1009 pages
Book Rating : 4.1/5 (995 download)
Download or read book The Oxford Handbook of International Law in Armed Conflict written by Andrew Clapham and published by . This book was released on 2014-03 with total page 1009 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a team of distinguished and internationally renowned experts, this Oxford Handbook gives an analytical overview of international law as it applies in armed conflicts. The Handbook draws on international humanitarian law, human rights law, and the law of neutrality to provide a comprehensive picture of the status of law in war.
Author : Inge Van Hulle
Publisher : BRILL
ISBN 13 : 9004412085
Total Pages : 242 pages
Book Rating : 4.0/5 (44 download)
Download or read book International Law in the Long Nineteenth Century (1776-1914) written by Inge Van Hulle and published by BRILL. This book was released on 2019-09-16 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law in the Long Nineteenth Century gathers ten studies that reflect the ever-growing variety of themes and approaches that scholars from different disciplines bring to the historiography of international law in the period.
Author : Anthea Roberts
Publisher : Oxford University Press
ISBN 13 : 0190696419
Total Pages : 433 pages
Book Rating : 4.1/5 (96 download)
Download or read book Is International Law International? written by Anthea Roberts and published by Oxford University Press. This book was released on 2017 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.
Author : Lung-chu Chen
Publisher : Oxford University Press, USA
ISBN 13 : 0190227990
Total Pages : 674 pages
Book Rating : 4.1/5 (92 download)
Download or read book An Introduction to Contemporary International Law written by Lung-chu Chen and published by Oxford University Press, USA. This book was released on 2015 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law in a policy-oriented perspective -- Nation-states -- International governmental organizations -- Nongovernmental organizations and associations -- The individual -- Minimum order and optimum order -- Establishment of and access to arenas of authority -- Control over territory -- Control and use of the sea -- Control and use of other resources -- Control of people : nationality and movement -- Protection of people : from alien rights to human rights -- Vertical allocation of authority -- Horizontal allocation of authority -- The diplomatic instrument -- International agreements -- The ideological instrument -- The economic instrument -- The military instrument -- The intelligence function -- The promoting function -- The prescribing (lawmaking) function -- The invoking function -- The applying function -- The terminating function -- The appraising function -- Succession of states -- Responsibility of states -- Individual criminal responsibility -- Toward a world community of human dignity.
Author : Christopher T. Marsden
Publisher :
ISBN 13 : 9781526107275
Total Pages : 258 pages
Book Rating : 4.1/5 (72 download)
Download or read book Network Neutrality written by Christopher T. Marsden and published by . This book was released on 2017 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the concept of net neutrality, its history since 1999, engineering, policy challenge, legislation and regulation, dividing it into its negative/"lite" and positive/"heavy" elements. He compares national and regional legislation and regulation of net neutrality from aninterdisciplinary and international perspective. He also examines the future of net neutrality battles in Europe, the United States and in developing countries such as India and Brazil. He explores the case studies of Specialized Services and Content Delivery Networks for video over the Internet,and zero rating or sponsored data plans. Finally, he offers co-regulatory solutions based on FRAND and non-exclusivity.This book is a must-read for researchers and advocates in net neutrality debate, and those interested in the context of communications regulation, law and economic regulation, human rights discourse and policy, and the impact of science and engineering on policy and governance.
Author : Alan Boyle
Publisher : OUP Oxford
ISBN 13 : 0191021768
Total Pages : 368 pages
Book Rating : 4.1/5 (91 download)
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.
Author : Johan den Hertog
Publisher : Amsterdam University Press
ISBN 13 : 9052603707
Total Pages : 185 pages
Book Rating : 4.0/5 (526 download)
Download or read book Caught in the Middle written by Johan den Hertog and published by Amsterdam University Press. This book was released on 2011 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this collection cover not only multiple countries, but also multiple aspects of the concept of neutrality: political, economic, cultural and legal. These case studies have led to a re-evaluation of the notion of neutrality, and the role of neutrals, during the First World War, making this collection of great value to all scholars of neutrality, the history of individual neutral countries, and of the war itself.
