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The Concept Of Security In International Law
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Book Synopsis The Concept of Security in International Law by : Hitoshi Nasu
Download or read book The Concept of Security in International Law written by Hitoshi Nasu and published by . This book was released on 2022-12-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of security has evolved to reflect contemporary public concerns in a wide range of areas and geographical contexts. The modern discourse of security continues to expand as subjective perceptions of reality change or social conditions and practices evolve. However, the dynamic nature of the political construct of security has the potential to undermine the norms and rules of international law. The rigidity of legal instruments as the means of regulating international relations militates against their flexible adaptation in response to the conceptual evolution of security. The twisted relationship between security and law challenges the fundamental premise of international law that it is capable of providing objective, justifiable solutions to normative problems through the application of legal rules, independent of political considerations and natural morality. This book explores how the concept of security interacts with the rigid framework of international law to test the hypothesis that the system of public order among states is regulated under the rule of law. If international law is meant to govern international relations as a system of law, the rule of law demands that the development and application of legal instruments does not contravene certain fundamental, universal principles as the basis for their legal validity. The quest for the rule of law in international relations must begin by identifying such principles, through a systematic analysis of the practice of international adjudication, as general criteria for delineating the legally valid recourse to the concept of security within the framework of international law.
Book Synopsis International Law and Changing Perceptions of Security by : Jonas Ebbesson
Download or read book International Law and Changing Perceptions of Security written by Jonas Ebbesson and published by Hotei Publishing. This book was released on 2014-10-21 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: In International Law and Changing Perceptions of Security the contributors debate how changing concepts and conceptions of security have affected fields such as the use of force, law of the sea, human rights, international environmental law and international humanitarian law.
Book Synopsis United Nations Protection of Humanity and Its Habitat by : Bertrand G. Ramcharan
Download or read book United Nations Protection of Humanity and Its Habitat written by Bertrand G. Ramcharan and published by BRILL. This book was released on 2016-08-11 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a study of the future of international law as well as the future of the United Nations. It is the first study ever bringing together the laws, policies and practices of the UN for the protection of the earth, the oceans, outer space, human rights, victims of armed conflicts and of humanitarian emergencies, the poor, the vulnerable and the disadvantaged world-wide. It reviews unprecedented dangers and challenges facing humanity such as climate change and weapons of mass destruction, and argues that the international law of the future must become an international law of security and of protection. It submits that the concept of international security in the UN Charter can no longer be restricted to situations of armed conflict but must be given its natural meaning: whatever threatens the security of humanity. It calls for the Security Council to perform its role as the guardian of the security of humankind and sees a leadership role for the UN Secretary-General in analysing and presenting challenges of international security and protection to the Security Council for its attention.
Author :Chair of International Law and Security Robin Geiß Publisher :Oxford University Press, USA ISBN 13 :019882727X Total Pages :1197 pages Book Rating :4.1/5 (988 download)
Book Synopsis The Oxford Handbook of the International Law of Global Security by : Chair of International Law and Security Robin Geiß
Download or read book The Oxford Handbook of the International Law of Global Security written by Chair of International Law and Security Robin Geiß and published by Oxford University Press, USA. This book was released on 2021-02-16 with total page 1197 pages. Available in PDF, EPUB and Kindle. Book excerpt: On a global scale, the central tool for responding to complex security challenges is public international law. This handbook provides a comprehensive and systematic overview of the relationship between international law and global security.
Book Synopsis Security and International Law by : Mary E Footer
Download or read book Security and International Law written by Mary E Footer and published by Bloomsbury Publishing. This book was released on 2016-06-16 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of the many challenges that society faces today, possibly none is more acute than the security of ordinary citizens when faced with a variety of natural or man-made disasters arising from climate and geological catastrophes, including the depletion of natural resources, environmental degradation, food shortages, terrorism, breaches of personal security and human security, or even the global economic crisis. States continue to be faced with a range of security issues arising from contested territorial spaces, military and maritime security and security threats relating to energy, infrastructure and the delivery of essential services. The theme of the book encompasses issues of human, political, military, socio-economic, environmental and energy security and raises two main questions. To what extent can international law address the types of natural and man-made security risks and challenges that threaten our livelihood, or very existence, in the twenty-first century? Where does international law fall short in meeting the problems that arise in different situations of insecurity and how should such shortcomings be addressed?
Book Synopsis Collective Security Under International Law by : Hans Kelsen
Download or read book Collective Security Under International Law written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Washington, D.C.: United States Government Printing Office, 1957. vi, 275 pp. Reprinted 2001, 2011. The noted jurist Hans Kelsen advances his theory that collective security is "...an essential function of law, national as well as international, and that, therefore, there exists an intrinsic connection between international security and international law; in other terms, that collective security of the state is, just as collective security of the individual within the state, by its very nature a legal problem." Foreword p. ii. "Professor Kelsen's high standing as a scholar is sufficient to commend in advance any volume that comes from his pen. But in this case he has chosen a subject that will at once challenge attention. The main function of the volume, in the words of the author, 'is to show that collective security is an essential function of law,' that it is 'by its very nature a legal problem.' A generation ago there were many in high places to contest the thesis. Today the bitter lesson of two world wars has established the principle for practical purposes, in spite of the difficulty of putting it into practice. But the legal aspects of the thesis remain to be clarified, and this is what Professor Kelsen does with all his power of legal analysis and systematic presentation. (...) [We] must be grateful for what we are given, an acute analysis of a fundamental principle, the applications of which we can make from our own knowledge of recent history." --C. G. Fenwick, American Journal of International Law 52 (1958) 811.
Book Synopsis The Oxford Handbook of the International Law of Global Security by : Robin Geiß
Download or read book The Oxford Handbook of the International Law of Global Security written by Robin Geiß and published by Oxford University Press. This book was released on 2021-02-16 with total page 1200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding the global security environment and delivering the necessary governance responses is a central challenge of the 21st century. On a global scale, the central regulatory tool for such responses is public international law. But what is the state, role, and relevance of public international law in today's complex and highly dynamic global security environment? Which concepts of security are anchored in international law? How is the global security environment shaping international law, and how is international law in turn influencing other normative frameworks? The Oxford Handbook of the International Law of Global Security provides a ground-breaking overview of the relationship between international law and global security. It constitutes a comprehensive and systematic mapping of the various sub-fields of international law dealing with global security challenges, and offers authoritative guidance on key trends and debates around the relationship between public international law and global security governance. This Handbook highlights the central role of public international law in an effective global security architecture and, in doing so, addresses some of the most pressing legal and policy challenges of our time. The Handbook features original contributions by leading scholars and practitioners from a wide range of professional and disciplinary backgrounds, reflecting the fluidity of the concept of global security and the diversity of scholarship in this area.
Book Synopsis International Law and International Relations by : Thomas J. Biersteker
Download or read book International Law and International Relations written by Thomas J. Biersteker and published by Routledge. This book was released on 2006-10-19 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique volume examines the opportunities for, and initiates work in, interdisciplinary research between the fields of international law and international relations; disciplines that have engaged little with one another since the Second World War. Written by leading experts in the fields of international law and international relations, it argues that such interdisciplinary research is central to the creation of a knowledge base among IR scholars and lawyers for the effective analysis and governance of macro and micro phenomena. International law is at the heart of international relations, but due to challenges of codification and enforceability, its apparent impact has been predominantly limited to commercial and civil arrangements. International lawyers have been saying for years that 'law matters' in international affairs and now current events are proving them right. International Law and International Relations makes a powerful contribution to the theory and practice of global security by initiating a research agenda, building an empirical base and offering a multidisciplinary approach that provides concrete answers to real-world problems of governance. This book will be of great interest to all students of international law, international relations and governance.
Book Synopsis Women, Peace and Security and International Law by : Christine Chinkin
Download or read book Women, Peace and Security and International Law written by Christine Chinkin and published by Cambridge University Press. This book was released on 2022-03-17 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: An international legal analysis of the UN Security Council's agenda on Women, Peace and Security (WPS).
Book Synopsis Human Security and International Law by : Cedric Ryngaert
Download or read book Human Security and International Law written by Cedric Ryngaert and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1994, the United Nations Development Program (UNDP) coined the term 'human security' in the seminal UNDP Human Development Report. This report approached 'security' for the first time from a holistic perspective: security would no longer be viewed from a purely military perspective, but rather it would encapsulate economic, food, health, environmental, personal, community, and political security. Although the concept of human security accords a higher status to individual interests rather than to governmental interests, human security discourses have continually emphasized the central role of States as providers of human security. This volume challenges this paradigm and highlights the part played by non-State actors in threatening human security, as well as in rescuing or providing relief to those whose human security is endangered. The book does so from a legal perspective, (international) law being one of the instruments used to realize human security, as well as being a material source or guiding principle for the formation of human security-enhancing policies. In particular, the book critically discusses how various non-State actors - such as armed opposition groups, multinational corporations, private military/security companies, non-governmental organizations, and national human rights institutions - participate in the construction of such policies and how they are held legally accountable for their adverse impact on human security. (Series: International Law - Vol. 12)
Book Synopsis Human Security and International Law by : Barbara von Tigerstrom
Download or read book Human Security and International Law written by Barbara von Tigerstrom and published by Bloomsbury Publishing. This book was released on 2007-12-12 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of 'human security' has influenced discourse and practice and has been the subject of vigorous debate. Despite its relevance to central questions of international law, human security has until recently received little attention from international lawyers. This book has two related goals: to evaluate human security as a concept that could be used in the analysis of international law, and to determine what insights about a human security approach might be gained by considering it from the perspective of international law. The first part of the book examines the evolution and meanings of the concept and its links with existing theories and principles of international law. The second part explores the ways in which human security has been and could be used in relation to the diverse topics of humanitarian intervention, internally displaced persons, small arms control, and global public health. The analysis sheds new light on debates about the concept's potential and limitations.
Author :Alexander Orakhelashvili Publisher :Oxford University Press on Demand ISBN 13 :0199546223 Total Pages :623 pages Book Rating :4.1/5 (995 download)
Book Synopsis The Interpretation of Acts and Rules in Public International Law by : Alexander Orakhelashvili
Download or read book The Interpretation of Acts and Rules in Public International Law written by Alexander Orakhelashvili and published by Oxford University Press on Demand. This book was released on 2008 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph examines international legal regulation, analyses how it interacts with non-legal factors, and seeks to understand and confront the alleged inherent ambiguity and indeterminacy.
Book Synopsis Common Security in Outer Space and International Law by : Detlev Wolter (jurist.)
Download or read book Common Security in Outer Space and International Law written by Detlev Wolter (jurist.) and published by United Nations Publications UNIDIR. This book was released on 2006 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication explores the concept of common security and the legal foundations for its application in outer space law, based on the premise that outer space is an internationalised common area beyond the national jurisdiction of individual states, and therefore security in space must be the common security of all states. Chapters cover a range of issues including: the principle of the peaceful use of outer space, passive military uses, and multilateral negotiations to prevent an arms race in outer space; structural change of international law and the common heritage of mankind principle; and proposals for a multilateral agreement and the creation of an International Organisation for Common Security in Outer Space.
Book Synopsis Collective Security by : Nicholas Tsagourias
Download or read book Collective Security written by Nicholas Tsagourias and published by Cambridge University Press. This book was released on 2013-10-31 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: This analysis of collective security covers its institutional, operational and legal parameters along with the United Nations system, presenting it as a global public order institution for maintaining peace. The authors study its constitutional premises as they are shaped by the forces of law and politics. After an historical account of initiatives and projects for global peace, the authors explain the morphology of collective security as a global public order institution and outline its triggers, institutions, actors, components and tools. They go on to analyse its legal properties and the processes of political, legal and criminal accountability. The analysis and assessment are informed throughout by practice drawn from examples including Korea, Iraq and Libya, and by a wealth of cases from national and international jurisdictions.
Book Synopsis Full Protection and Security in International Investment Law by : Sebastián Mantilla Blanco
Download or read book Full Protection and Security in International Investment Law written by Sebastián Mantilla Blanco and published by Springer Nature. This book was released on 2019-10-24 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive study of the standard of ‘full protection and security’ (FPS) in international investment law. Ever since the Germany-Pakistan BIT of 1959, almost every investment agreement has included an FPS clause. FPS claims refer to the most diverse factual settings, from terrorist attacks to measures concerning concession contracts. Still, the FPS standard has received far less scholarly attention than other obligations under international investment law. Filling that gap, this study examines the evolution of FPS from its medieval roots to the modern age, delimits the scope of FPS in customary international law, and analyzes the relationship between FPS and the concept of due diligence in the law of state responsibility. It additionally explores the interpretation and application of FPS clauses, drawing particular attention to the diverse wording used in investment treaties, the role ascribed to custom, and the interplay between FPS and other treaty-based standards. Besides delivering a detailed analysis of the FPS standard, this book also serves as a guide to the relevant sources, providing an overview of numerous legal instruments, examples of state practice, arbitral decisions, and related academic publications about the standard.
Book Synopsis International Law, Security and Ethics by : Aidan Hehir
Download or read book International Law, Security and Ethics written by Aidan Hehir and published by Routledge. This book was released on 2014-02-04 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the different ways in which the laws governing the use of force and the conduct of warfare have become subject to intense scrutiny and contestation since the initiation of the war on terror. Since the end of the Cold War, the nature of security challenges has changed radically and this change has been recognised by the UN, governments and academics around the world. The 911 attacks and the subsequent launch of the 'war on terror' added a new dimension to this debate on the nature and utility of international law due to the demands from some quarters for a change in the laws governing self-defence and humanitarian intervention. This book analyses the nature of these debates and focuses on key issues that have led to the unprecedented contemporary questioning of both the utility and composition of international law on the use of force as well as the practicability of using force, including handling of ‘prisoners’ and ‘security risks’. It also identifies the sources of division and addresses the capacities of security policy and international law to adapt to the changed international environment. This book will of much interest to students of international law, war and conflict studies, and IR and Security Studies in general.
Book Synopsis The Relationship Between Human Security Discourse and International Law by : Shireen Daft
Download or read book The Relationship Between Human Security Discourse and International Law written by Shireen Daft and published by Routledge. This book was released on 2019-12-12 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of human security has emerged in international relations and policy as an idea which not only seeks to relocate the focus of international society on the individual, but also challenges the current priorities of the international community. In particular it places emphasis on promoting and facilitating a nexus between security, development and human rights. It is potentially a paradigm in the making, gaining considerable momentum within the UN, international relations scholarship and regional bodies. And yet by-and-large it continues to be unexplored by the international legal community, despite the success of a number of international treaties being attributed to the discourse. This book seeks to address this gap, and establish the nature of the relationship between human security discourse and international law, determining whether human security can meaningfully contribute to the international legal framework. To determine this, the book analyses the core principles of human security discourse and examines the degree to which they find parallels in the existing normative structure of international law. The book examines the how the broad-narrow debate that dominates human security discourse has played out in international law-making. It goes on to consider the processes for the creation of so called 'human security' treaties in order to determine a blueprint for future development of international human security treaty law. In concluding Shireen Daft sets out a structured principled approach through which international legal scholarship can engage with human security, highlighting the ways in which engagement between the two fields can be sustained.
