The Intersection Of Law And War

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The Intersection of Law and War

Author : Kristen Boon
Publisher : Oxford University Press, USA
ISBN 13 : 019991592X
Total Pages : 591 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis The Intersection of Law and War by : Kristen Boon

Download or read book The Intersection of Law and War written by Kristen Boon and published by Oxford University Press, USA. This book was released on 2012 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics in the worldwide effort to combat terrorism. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), United Nations Security Council resolutions, reports and investigations by the United Nations Secretary-General and other dedicated UN bodies, and case law from the U.S. and around the globe covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 126, The Intersection of Law and War, takes a fresh look at the ways in which law and war intersect in this modern age of multifaceted and multidimensional warfare. Professor Douglas Lovelace, Jr. has organized Congressional Research Service reports and United Nations studies to discuss how U.S. law and international law bear on contemporary national security issues such as: terrorism in the context of the war powers debate; the use of drones for targeted killings; maintaining and closing the U.S. detention facility at Guantanamo Bay; and illegal border crossing into the United States.

The Laws of War, Affecting Commerce and Shipping

Author : H. Byerley Thomson
Publisher : Legare Street Press
ISBN 13 : 9781021996398
Total Pages : 0 pages
Book Rating : 4.9/5 (963 download)

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Book Synopsis The Laws of War, Affecting Commerce and Shipping by : H. Byerley Thomson

Download or read book The Laws of War, Affecting Commerce and Shipping written by H. Byerley Thomson and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive guide to the legal issues surrounding warfare and its impact on global commerce and shipping. Covering topics such as prize law, contraband, and blockade, this book is a must-read for anyone interested in the intersection of law and international relations. 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. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

New Battlefields/Old Laws

Author : William C. Banks
Publisher : Columbia University Press
ISBN 13 : 0231526563
Total Pages : 320 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis New Battlefields/Old Laws by : William C. Banks

Download or read book New Battlefields/Old Laws written by William C. Banks and published by Columbia University Press. This book was released on 2011-10-25 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: An internationally-recognized authority on constitutional law, national security law, and counterterrorism, William C. Banks believes changing patterns of global conflict are forcing a reexamination of the traditional laws of war. The Hague Rules, the customary laws of war, and the post-1949 law of armed conflict no longer account for nonstate groups waging prolonged campaigns of terrorism—or even more conventional insurgent attacks. Recognizing that many of today's conflicts are low-intensity, asymmetrical wars fought between disparate military forces, Banks's collection analyzes nonstate armed groups and irregular forces (such as terrorist and insurgent groups, paramilitaries, child soldiers, civilians participating in hostilities, and private military firms) and their challenge to international humanitarian law. Both he and his contributors believe gaps in the laws of war leave modern battlefields largely unregulated, and they fear state parties suffer without guidelines for responding to terrorists and their asymmetrical tactics, such as the targeting of civilians. These gaps also embolden weaker, nonstate combatants to exploit forbidden strategies and violate the laws of war. Attuned to the contested nature of post-9/11 security and policy, this collection juxtaposes diverse perspectives on existing laws and their application in contemporary conflict. It sets forth a legal definition of new wars, describes the status of new actors, charts the evolution of the twenty-first-century battlefield, and balances humanitarian priorities with military necessity. While the contributors contest each other, they ultimately reestablish the legitimacy of a long-standing legal corpus, and they rehumanize an environment in which the most vulnerable targets, civilian populations, are themselves becoming weapons against conventional power.

War and the Law of Nations

Author : Stephen C. Neff
Publisher : Cambridge University Press
ISBN 13 : 1139445235
Total Pages : 457 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis War and the Law of Nations by : Stephen C. Neff

Download or read book War and the Law of Nations written by Stephen C. Neff and published by Cambridge University Press. This book was released on 2005-08-04 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ambitious 2005 volume is a history of war, from the standpoint of international law, from the beginning of history to the present day. Its primary focus is on legal conceptions of war as such, rather than on the substantive or technical aspects of the law of war. It tells the story, in narrative form, of the interplay, through the centuries, between, on the one hand, legal ideas about war and, on the other hand, state practice in warfare. Its coverage includes reprisals, civil wars, UN enforcement and the war on terrorism. This book will interest historians, students of international relations and international lawyers.

Reflections on the Law of War

Author : Frits Kalshoven
Publisher : BRILL
ISBN 13 : 9047420837
Total Pages : 1128 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Reflections on the Law of War by : Frits Kalshoven

Download or read book Reflections on the Law of War written by Frits Kalshoven and published by BRILL. This book was released on 2007-05-31 with total page 1128 pages. Available in PDF, EPUB and Kindle. Book excerpt: The papers collected in this volume span a 35-year period of active involvement in the ‘reaffirmation and development of international humanitarian law’. A process under that name started in 1971 and ended in 1977 with the adoption of two Protocols Additional to the Geneva Conventions of 1949, one for international and one for internal armed conflicts. Subsequent developments brought a narrowing of this gap between international and internal armed conflicts, as well as growing recognition of the interplay between the law of armed conflict and human rights, the rediscovery of individual criminal liability for violations of international humanitarian law, the introduction of further prohibitions or restrictions on the use of specified weapons, and so on. In contrast with these positive developments, the period was negatively characterised by increasing disrespect, not only for some or other minor rule (such as what to do with cash taken from a prisoner of war at the time of his capture) but for the very principles underlying the entire body of the law of armed conflict: respect for the other as a human being and, hence, humane treatment of prisoners of war and other detainees, protection of civilians... Throughout the period, the author’s activities ranged from participation in lawmaking and law interpreting exercises, through attempts at explaining the law of armed conflict in its historical context and making propaganda for its faithful implementation, to critical or even bewildered observance of actual events. The papers brought together here reflect these diverse angles.

A Code for the Government of Armies in the Field

Author : United States. War Department
Publisher : Good Press
ISBN 13 :
Total Pages : 39 pages
Book Rating : 4.8/5 (596 download)

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Book Synopsis A Code for the Government of Armies in the Field by : United States. War Department

Download or read book A Code for the Government of Armies in the Field written by United States. War Department and published by Good Press. This book was released on 2023-10-30 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 'A Code for the Government of Armies in the Field,' the United States War Department, under the guidance of Francis Lieber, offers a seminal collection that brings together pivotal legal and ethical guidelines for military conduct during wartime. This anthology serves not only as a historical artifact but also as a reflection on the evolving perspectives on warfare and the moral considerations it entails. The work stands out for its pioneering approach to codifying wartime conduct, addressing themes of humanity, justice, and the rights of individuals and communities in conflict zones. The diversity within its pages showcases a range of legislative styles and philosophical insights, marking a significant moment in the intersection of law, military ethics, and international relations. The contributors, spearheaded by Francis Lieber, bring a rich assortment of backgrounds in law, military strategy, and ethics. Liebers role as a legal scholar and his contributions to the codification of laws of war serve as the foundation for this collection, reflecting broader 19th-century debates about morality, statecraft, and the conduct of war. This anthology emerges from and contributes to a crucial period of transformation in how societies conceive of military ethics, human rights, and international law, embodying a critical moment of convergence between historical practices and modern legal standards. 'A Code for the Government of Armies in the Field' is a must-read for scholars, legal practitioners, and anyone interested in the ethical considerations of warfare and the historical underpinnings of modern international law. This anthology offers an unparalleled opportunity to engage with foundational texts that continue to influence contemporary discourse on military conduct and legal ethics. By exploring the diverse insights and rigorous analyses presented by Lieber and the United States War Department, readers will gain a nuanced understanding of the complexities surrounding wartime ethics, the evolution of international humanitarian law, and the enduring quest for justice in the context of armed conflict. This collection is an invaluable resource for navigating the intersection of history, law, and morality, inviting a profound contemplation on the legacy and lessons of wartime governance.

War Law

Author : Michael Byers
Publisher : Open Road + Grove/Atlantic
ISBN 13 : 155584846X
Total Pages : 224 pages
Book Rating : 4.5/5 (558 download)

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Book Synopsis War Law by : Michael Byers

Download or read book War Law written by Michael Byers and published by Open Road + Grove/Atlantic. This book was released on 2007-12-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law.” —Chris Patten, Chancellor of Oxford University International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky

Routledge Handbook of the Law of Armed Conflict

Author : Rain Liivoja
Publisher : Routledge
ISBN 13 : 1136028803
Total Pages : 722 pages
Book Rating : 4.1/5 (36 download)

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Book Synopsis Routledge Handbook of the Law of Armed Conflict by : Rain Liivoja

Download or read book Routledge Handbook of the Law of Armed Conflict written by Rain Liivoja and published by Routledge. This book was released on 2016-04-28 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of armed conflict is a key element of the global legal order yet it finds itself in a state of flux created by the changing nature of warfare and the influences of other branches of international law. The Routledge Handbook of the Law of Armed Conflict provides a unique perspective on the field covering all the key aspects of the law as well as identifying developing and often contentious areas of interest. The handbook will feature original pieces by international experts in the field, including academics, staff of relevant NGOs and (former) members of the armed forces. Made up of six parts in order to offer a comprehensive overview of the field, the structure of the handbook is as follows: Part I: Fundamentals Part II: Principle of distinction Part III: Means and methods of warfare Part IV: Special protection regimes Part V: Compliance and enforcement Part VI: Some contemporary issues Throughout the book, attention is paid to non-international conflicts as well as international conflicts with acknowledgement of the differences. The contributors also consider the relationship between the law of armed conflict and human rights law, looking at how the various rules and principles of human rights law interact with specific rules and principles of international humanitarian law in particular circumstances. The Routledge Handbook of the Law of Armed Conflict provides a fresh take on the contemporary laws of war and is written for advanced level students, academics, researchers, NGOs and policy-makers with an interest in the field.

The Law of Armed Conflict

Author : Geoffrey S. Corn
Publisher : Aspen Publishing
ISBN 13 : 1543802915
Total Pages : 744 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis The Law of Armed Conflict by : Geoffrey S. Corn

Download or read book The Law of Armed Conflict written by Geoffrey S. Corn and published by Aspen Publishing. This book was released on 2018-09-14 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Armed Conflict provides a complete operational scenario and introduction to the operational organization of United States forces. The focus remains on United States law perspective, balanced with exposure to areas where the interpretation of its allied forces diverge. Jus ad bellum and jus in bello issues are addressed at length. The casebook comes to students with stunning authority. All of the authors are active or retired United States Army officers with more than 140 years of collective military operational experience among them. Several have experience in both legal and operational assignments as well. They deliver a comprehensive coverage of all aspects of the law of armed conflict, explaining the difference between law and policy in regulation of military operations.

The Law of Private Property in War

Author : Norman Mattos De Bentwich
Publisher : Legare Street Press
ISBN 13 : 9781020312489
Total Pages : 0 pages
Book Rating : 4.3/5 (124 download)

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Book Synopsis The Law of Private Property in War by : Norman Mattos De Bentwich

Download or read book The Law of Private Property in War written by Norman Mattos De Bentwich and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the complex legal issues surrounding private property during wartime and conquest. Drawing on in-depth research and a thorough analysis of legal precedent, the author provides valuable insights into the intersection of property law and military conflict. Written in an engaging and accessible style, this book is a must-read for anyone interested in the intricacies of wartime law. 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. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Justice in a Time of War

Author : Pierre Hazan
Publisher : Texas A&M University Press
ISBN 13 : 9781585444113
Total Pages : 276 pages
Book Rating : 4.4/5 (441 download)

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Book Synopsis Justice in a Time of War by : Pierre Hazan

Download or read book Justice in a Time of War written by Pierre Hazan and published by Texas A&M University Press. This book was released on 2004-09-03 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can we achieve justice during war? Should law substitute for realpolitik? Can an international court act against the global community that created it? Justice in a Time of War is a translation from the French of the first complete, behind-the-scenes story of the International Criminal Tribunal for the Former Yugoslavia, from its proposal by Balkan journalist Mirko Klarin through recent developments in the first trial of its ultimate quarry, Slobodan Miloševic. It is also a meditation on the conflicting intersection of law and politics in achieving justice and peace. Le Monde’s review (November 3, 2000) of the original edition recommended Hazan’s book as a nuanced account of the Tribunal that should be a must-read for the new president of Yugoslavia. “The story Pierre Hazan tells is that of an institution which, over the course of the years, has managed to escape in large measure from the initial hidden motives and manipulations of those who created it (not only the Americans).” With insider interviews filling out every scene, author Pierre Hazan tells a chaotic story of war while the Western powers cobbled together a tribunal in order to avoid actual intervention, hoping to threaten international criminals with indictment and thereby to force an untenable peace. The international lawyers and judges for this rump world court started with nothing—no office space, no assistants, no computers, not even a budget—but they ultimately established the tribunal as an unavoidable actor in the Balkans. This development was also a reflection of the evolving political situation: the West had created the Tribunal in 1993 as an alibi in order to avoid military intervention, but in 1999, the Tribunal suddenly became useful to NATO countries as a means by which to criminalize Miloševic’s regime and to justify military intervention in Kosovo and in Serbia. Ultimately, this hastened the end of Miloševic’s rule and led the way to history’s first war crimes trial of a former president by an international tribunal. Ironically, this triumph for international law was not really intended by the Western leaders who created the court. They sought to placate, not shape, public opinion. But the determination of a handful of people working at the Tribunal transformed it into an active agent for change, paving the road for the International Criminal Court and greatly advancing international criminal law. Yet the Tribunal’s existence poses as many questions as it answers. How independent can a U.N. Tribunal be from the political powers that created it and sustain it politically and financially ? Hazan remains cautious though optimistic for the future of international justice. His history remains a cautionary tale to the reader: realizing ideals in a world enamored of realpolitik is a difficult and often haphazard activity.

The Law of War

Author : Ingrid Detter Delupis
Publisher : Cambridge University Press
ISBN 13 : 9780521782562
Total Pages : 556 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis The Law of War by : Ingrid Detter Delupis

Download or read book The Law of War written by Ingrid Detter Delupis and published by Cambridge University Press. This book was released on 2000-09-28 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysis of the changing legal context of modern warfare including developments over the last decade.

Armed Conflicts and the Law

Author : Jan Wouters
Publisher :
ISBN 13 : 9781780683201
Total Pages : 0 pages
Book Rating : 4.6/5 (832 download)

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Book Synopsis Armed Conflicts and the Law by : Jan Wouters

Download or read book Armed Conflicts and the Law written by Jan Wouters and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Armed Conflicts and the Law is a book of impressive scope and depth. Ranging deftly across the spectrum of armed conflict and the law that governs it, this impressive work draws together new voices and world-renowned experts from the academy, military and the ICRC to examine the normative nuances of contemporary conflict. At the same time both scholarly and practical, Armed Conflicts and the Law will prove an invaluable resource for anyone dealing with the complex, synergistic, and evolving relationship between law and armed conflict." --Prof. Michael N. Schmitt, Director, Stockton Center for the Study of International Law, U.S. Naval War College *** Now available in paperback This book offers a comprehensive yet concise take on the legal regulation of the various phases in the complex cycle of armed conflicts, from prevention to reconstruction, and covering everything in between, in particular, the vast body of rules laid down in current international humanitarian law. It combines a general theoretical approach with modern practice in order to offer a complete picture of the law before, during, and after warfare. Through a series of thematic chapters that logically follow from one to another, the book tackles core issues relating to the international regulation of armed conflicts, while situating them in a broader societal context. Particular attention is given to the emergence of the European Union as an increasingly important regional and global player in international peace and security. In combination with the broad scope and accessible nature of volume, the experience and ambition on display makes it a unique reference tool for students, scholars, practitioners, civil servants, diplomats, and humanitarian/human rights workers around the globe. It is complemented by, and a helpful companion to, Jan Wouters's and Philip De Man's Humanitarian and Security Law: A Compendium of International and European Instruments ISBN 978 1 78068 051 4 (2012)]. (Series: International Law - Vol. 17) Subject: International Law, EU Law, Humanitarian Law]

A Scrap of Paper

Author : Isabel V. Hull
Publisher : Cornell University Press
ISBN 13 : 0801470641
Total Pages : 462 pages
Book Rating : 4.8/5 (14 download)

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Book Synopsis A Scrap of Paper by : Isabel V. Hull

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.

The Laws Of War, Affecting Commerce And Shipping

Author : H. Byerley Thomson
Publisher : Good Press
ISBN 13 :
Total Pages : 117 pages
Book Rating : 4.4/5 (57 download)

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Book Synopsis The Laws Of War, Affecting Commerce And Shipping by : H. Byerley Thomson

Download or read book The Laws Of War, Affecting Commerce And Shipping written by H. Byerley Thomson and published by Good Press. This book was released on 2019-12-05 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt: As can be guessed from the title, this book examines the effects of war on commercial enterprises, with a specific focus on informing the readers on whether there are new regulations that one must abide by during times of strife. The laws discussed in this book were British ones, and the war conditions described are that of World War I.

Redefining the Modern Military

Author : Nathan Finney
Publisher : Naval Institute Press
ISBN 13 : 1682473643
Total Pages : 234 pages
Book Rating : 4.6/5 (824 download)

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Book Synopsis Redefining the Modern Military by : Nathan Finney

Download or read book Redefining the Modern Military written by Nathan Finney and published by Naval Institute Press. This book was released on 2018-10-15 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection will expand upon and refine the ideas on the role of ethics and the profession in the 21st century. The authors delve into whether Samuel Huntington and Morris Janowitz still ring true in the 21st century; whether training and continuing education play a role in defining a profession; and if there is a universal code of ethics required for the military as a profession. Redefining the Modern Military is unique in how it treats the subject of ethics and the military profession, as well as the types of writers it brings on board to address this topic. The book puts a significant emphasis on individual agency for military professionalism as opposed to broad organizational or cultural change. Such a review of these topics is necessary because the process of serious, intellectual self-reflection is a requirement--especially in a profession that involves life and death of people and nations.

Intersections in International Cultural Heritage Law

Author : Anne Marie Carstens
Publisher : Oxford University Press, USA
ISBN 13 : 0198846290
Total Pages : 449 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Intersections in International Cultural Heritage Law by : Anne Marie Carstens

Download or read book Intersections in International Cultural Heritage Law written by Anne Marie Carstens and published by Oxford University Press, USA. This book was released on 2020-05-20 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent spate of threats to cultural heritage, including in Iraq, Mali, Nepal, Syria, and Yemen, has led to increased focus on the sources of international cultural heritage law. This edited volume shows that international cultural heritage law is not a discrete and contained body of law, but one whose component parts are drawn from diverse fields of public international law. It shows how cultural heritage law has been shaped by its interaction with other areas of international law, and how it has contributed to international law in turn. In this volume, scholars and practitioners explore some of the primary points of intersection between international cultural heritage law and public international law. Chapters explore instersections with the law of armed conflict, international and transnational criminal law, international human rights, the international movement, regulation, and restitution of cultural artefacts, and the UN system. The result is a cohesive collection that not only explores many facets of the intersections of cultural heritage law and public international law, but also examines how the regimes operate together and how the relationship between them largely facilitates, but also sometimes hinders, the development of international law governing the protection of cultural heritage.