The Laws Of War In International Thought

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The Laws of War in International Thought

Author : Pablo Kalmanovitz
Publisher : Oxford University Press, USA
ISBN 13 : 0198790252
Total Pages : 209 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Laws of War in International Thought by : Pablo Kalmanovitz

Download or read book The Laws of War in International Thought written by Pablo Kalmanovitz and published by Oxford University Press, USA. This book was released on 2020-09-14 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two broad competing normative conceptions of war can be distinguished in the history of legal and political thought. The first and nowadays more familiar belongs to the tradition of "just war." It sees war as an instrument of justice, indeed the most extreme form of supra-national lawenforcement, justified only in the most serious cases of violation of right. The second conception has been labelled "lawful", "legitimate", or "regular war", where war is not enforcement of justice, but a legally regulated procedure governing the pursuit of conflicting legitimate claims amongequal and autonomous political entities.This book sheds light on the relationship between law and morals in armed conflict, and can be read as a historical argument against the disappearance of the regular war concept. Kalmanovitz highlights three important contemporary challenges: the juridification of aggression and the "turn to ethics"in international law; the progressive individualization of war; and the predominance of asymmetrical warfare and armed nonstate actors.This study of the regular war tradition brings historical and theoretical perspective to these recent conceptual transformations, which undermine the fundamental and long-standing distinction between war and police action. It contributes to clarify the stakes in the erosion of internationalpluralism and the normative depoliticization of war. In revisiting the regular war tradition, a clearer sense of these ongoing transformations is realised, inspiring fresh perspectives on the justifiability of war.

The Laws of War in International Thought

Author : Pablo Kalmanovitz
Publisher : Oxford University Press
ISBN 13 : 0192507419
Total Pages : 176 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Laws of War in International Thought by : Pablo Kalmanovitz

Download or read book The Laws of War in International Thought written by Pablo Kalmanovitz and published by Oxford University Press. This book was released on 2020-09-15 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Armed Conflict is usually understood to be a regime of exception that applies only during armed conflict and regulates hostilities among enemies. It assigns privileges to states far beyond what they are allowed to do in peacetime, and it mandates certain protections for non-combatants, which can often be defeated by appeals to military necessity or advantage. The Laws of War in International Thought examines the intellectual history of the laws of war before their codification. It reconstructs the processes by which political and legal theorists built the laws' distinctive vocabularies and legitimized some of their broadest permissions, and it situates these processes within the broader intellectual project that from early modernity spelled out the nature, function, and powers of state sovereignty. The book focuses on four historical moments in the intellectual history of the laws of war: the doctrine of just war in Spanish scholasticism; Hugo Grotius's theory of solemn war; the Enlightenment theory of regular war; and late nineteenth-century humanitarianism. By looking at these moments, Pablo Kalmanovitz shows how challenging and polemical it has been for international theorists to justify the exceptional and permissive character of the laws of war. In this way, he contributes to recover a sense of the historical foundations and many still problematic aspects of the Law of Armed Conflict.

War in International Thought

Author : Jens Bartelson
Publisher : Cambridge University Press
ISBN 13 : 1108419356
Total Pages : 253 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis War in International Thought by : Jens Bartelson

Download or read book War in International Thought written by Jens Bartelson and published by Cambridge University Press. This book was released on 2018 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes how assumptions about the nature of war have shaped our understanding of the modern world and the role of war within it.

War, States, and International Order

Author : Claire Vergerio
Publisher : Cambridge University Press
ISBN 13 : 100911686X
Total Pages : 319 pages
Book Rating : 4.0/5 (91 download)

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Book Synopsis War, States, and International Order by : Claire Vergerio

Download or read book War, States, and International Order written by Claire Vergerio and published by Cambridge University Press. This book was released on 2022-08-04 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who has the right to wage war? The answer to this question constitutes one of the most fundamental organizing principles of any international order. Under contemporary international humanitarian law, this right is essentially restricted to sovereign states. It has been conventionally assumed that this arrangement derives from the ideas of the late-sixteenth century jurist Alberico Gentili. Claire Vergerio argues that this story is a myth, invented in the late 1800s by a group of prominent international lawyers who crafted what would become the contemporary laws of war. These lawyers reinterpreted Gentili's writings on war after centuries of marginal interest, and this revival was deeply intertwined with a project of making the modern sovereign state the sole subject of international law. By uncovering the genesis and diffusion of this narrative, Vergerio calls for a profound reassessment of when and with what consequences war became the exclusive prerogative of sovereign states.

Order within Anarchy

Author : James D. Morrow
Publisher : Cambridge University Press
ISBN 13 : 1139992899
Total Pages : 369 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis Order within Anarchy by : James D. Morrow

Download or read book Order within Anarchy written by James D. Morrow and published by Cambridge University Press. This book was released on 2014-07-14 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Order within Anarchy focuses on how the laws of war create strategic expectations about how states and their soldiers will act during war, which can help produce restraint. The success of the laws of war depends on three related factors: compliance between warring states and between soldiers on the battlefield, and control of soldiers by their militaries. A statistical study of compliance of the laws of war during the twentieth century shows that joint ratification strengthens both compliance and reciprocity, compliance varies across issues with the scope for individual violations, and violations occur early in war. Close study of the treatment of prisoners of war during World Wars I and II demonstrates the difficulties posed by states' varied willingness to limit violence, a lack of clarity about what restraint means, and the practical problems of restraint on the battlefield.

Law and Sentiment in International Politics

Author : David Traven
Publisher : Cambridge University Press
ISBN 13 : 1108845002
Total Pages : 327 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Law and Sentiment in International Politics by : David Traven

Download or read book Law and Sentiment in International Politics written by David Traven and published by Cambridge University Press. This book was released on 2021-07 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traven argues that universal moral beliefs and emotions shaped the evolution of international laws that protect civilians in war.

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.

Law and War

Author : Austin Sarat
Publisher : Stanford University Press
ISBN 13 : 0804788863
Total Pages : 249 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Law and War by : Austin Sarat

Download or read book Law and War written by Austin Sarat and published by Stanford University Press. This book was released on 2014-01-08 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and War explores the cultural, historical, spatial, and theoretical dimensions of the relationship between law and war—a connection that has long vexed the jurisprudential imagination. Historically the term "war crime" struck some as redundant and others as oxymoronic: redundant because war itself is criminal; oxymoronic because war submits to no law. More recently, the remarkable trend toward the juridification of warfare has emerged, as law has sought to stretch its dominion over every aspect of the waging of armed struggle. No longer simply a tool for judging battlefield conduct, law now seeks to subdue warfare and to enlist it into the service of legal goals. Law has emerged as a force that stands over and above war, endowed with the power to authorize and restrain, to declare and limit, to justify and condemn. In examining this fraught, contested, and evolving relationship, Law and War investigates such questions as: What can efforts to subsume war under the logic of law teach us about the aspirations and limits of law? How have paradigms of law and war changed as a result of the contact with new forms of struggle? How has globalization and continuing practices of occupation reframed the relationship between law and war?

Documents on the Laws of War

Author : Adam Roberts
Publisher : Oxford University Press, USA
ISBN 13 : 9780198256571
Total Pages : 509 pages
Book Rating : 4.2/5 (565 download)

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Book Synopsis Documents on the Laws of War by : Adam Roberts

Download or read book Documents on the Laws of War written by Adam Roberts and published by Oxford University Press, USA. This book was released on 1989 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first edition of this book became a standard work in the field, and it has been extensively revised and updated for the second edition. It is prepared with assistance from the official Depositaries of the various international agreements, and is an essential reference book for statesmen and diplomats, lawyers, journalists, and students of international relations and law. From reviews of the first edition: `Roberts and Guelff rely on the documents to speak for themselves, and are right to do so. Their becoming generally available in this neat and usable form is an event of much importance for all who take a serious interest in humanitarian law and endeavour, and the limitation of men's violence towards men.'New Society

On War

Author : Carl von Clausewitz
Publisher :
ISBN 13 :
Total Pages : 388 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis On War by : Carl von Clausewitz

Download or read book On War written by Carl von Clausewitz and published by . This book was released on 1908 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law and War

Author : Peter H. Maguire
Publisher : Columbia University Press
ISBN 13 : 0231146477
Total Pages : 362 pages
Book Rating : 4.2/5 (311 download)

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Book Synopsis Law and War by : Peter H. Maguire

Download or read book Law and War written by Peter H. Maguire and published by Columbia University Press. This book was released on 2010 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is a revised edition of Law and war : an American story [published in 2000]."--T.p. verso.

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.

International Law and Armed Conflict

Author : Lauroe R. Blank
Publisher : Aspen Publishing
ISBN 13 : 1543835546
Total Pages : 486 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis International Law and Armed Conflict by : Lauroe R. Blank

Download or read book International Law and Armed Conflict written by Lauroe R. Blank and published by Aspen Publishing. This book was released on 2021-07-30 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. International Law and Armed Conflict: Fundamental Principles and Contemporary Challenges in the Law of War uses vivid stories and cases to bring basic principles of law and current challenges to life in the classroom. With over 50 years’ combined experience and expertise teaching and working in the military, think tanks, nongovernmental organizations, and academia, Laurie R. Blank and Gregory P. Noone create a complete framework for understanding the law and policy applicable in times of armed conflict, tying in coverage of human rights and national security law. New to the Second Edition: New technologies and the law of armed conflict, including cyber, unmanned aerial vehicles, and autonomous weapons systems The conflict in Syria, including ISIS, genocide, and chemical weapons attacks Humanitarian assistance and the challenges of protecting the civilian population in urban conflicts Contemporary debates regarding detention in non-international armed conflict, human rights law, and targeted killing Key benefits for professors and students: Real-life stories, vignettes, and hypothetical scenarios bring focused energy to analysis and discussion of front-page issues Basic legal principles and policy inform and frame contemporary issues, as well as tomorrow’s unanswered questions and challenges Protection of civilians Contemporary weapons—lethal autonomous weapons, cyber operations, outer space Conflicts with terrorist groups Integrated coverage of related fields, such as human rights and national security law, provides a more complete picture of the legal paradigm that applies to armed conflict

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.

Lincoln's Code

Author : John Fabian Witt
Publisher : Simon and Schuster
ISBN 13 : 1416569839
Total Pages : 498 pages
Book Rating : 4.4/5 (165 download)

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Book Synopsis Lincoln's Code by : John Fabian Witt

Download or read book Lincoln's Code written by John Fabian Witt and published by Simon and Schuster. This book was released on 2012-09-04 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: By one of the nation's foremost legal historians, a groundbreaking history of the pioneering American role in establishing the modern laws of war. This book is a compelling story of ideals under pressure and a landmark contribution to our understanding of the American experience.

War

Author : Andrew Clapham
Publisher : Oxford University Press
ISBN 13 : 0198810466
Total Pages : 625 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis War by : Andrew Clapham

Download or read book War written by Andrew Clapham and published by Oxford University Press. This book was released on 2021 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an accessible and engaging account of the contemporary laws of war. It highlights how, even though war has been outlawed and should be finished as an institution, states continue to claim that they can wage necessary wars of self-defence, engage in lawful killings in war, and imprison law-of-war detainees.

Traditions of War

Author : Karma Nabulsi
Publisher : OUP Oxford
ISBN 13 : 0191535478
Total Pages : 306 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Traditions of War by : Karma Nabulsi

Download or read book Traditions of War written by Karma Nabulsi and published by OUP Oxford. This book was released on 2005-06-02 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditions of War examines wars and military occupation, and the ideas underlying them. The search for these ideas is conducted in the domain of the laws of war, a body of rules which sought to regulate the practices of war and those permitted to fight in it. This work introduces three ideologies: the martial, Grotian, and republican. These traditions were rooted in incommensurable conceptions of the good life, and the overall argument is that these differences lay at the heart of the failure fully to resolve the distinction between lawful and unlawful combatants at successive diplomatic conferences of Brussels in 1874, the Hague in 1899 and 1907, and Geneva in 1949. Based on a wide range of sources and a plurality of intellectual disciplines, this book places these diplomatic failures in their broader social and political contexts. By bringing out idealogical continuities and drawing on the social history of army occupation in Europe and resistance to it, this book both challenges and illuminates our understanding of modern war.