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Transnational Conflicts And International Law
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Book Synopsis Transnational Conflicts and International Law by : Constantin von der Groeben
Download or read book Transnational Conflicts and International Law written by Constantin von der Groeben and published by BoD – Books on Demand. This book was released on 2014-11-06 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since 9/11 the legal classification of transnational conflicts between states and non-state armed groups, such as Al Qaeda, has become a highly debated topic. While repeatedly referred to as the War on Terror, the legal qualification of the conflict between the US and Al Qaeda remains controversial: US military operations in Afghanistan against Al Qaeda and the use of drones against alleged terrorists in Pakistan, Yemen and other states pose the question as to whether this conflict truly qualifies as one single global war. Similarly, transnational conflicts such as the Colombian operation against a FARC base in Ecuador, Israel’s fight against Hezbollah in Lebanon, and Turkish operations against the PKK in northern Iraq pose difficulties as they transcend individual nations˙ political systems and geographical borders. Whether the law of war (i.e. humanitarian law) is applicable to such conflicts and to what extent human rights law binds the states involved is debated. This work aims to provide structure to the current debate and analyzes the applicability of both humanitarian law and human rights law. Furthermore, it examines and explores approaches to enhance and develop the existing legal framework, including proposed new legal regimes for transnational conflicts. The author argues against the strict separation of international humanitarian law and human rights law and instead borrows from Colombian authorities’ experience in their struggle with the FARC to develop an alternate solution, combining both legal regimes in an integrated approach.
Book Synopsis Private International Law and Global Governance by : Horatia Muir Watt
Download or read book Private International Law and Global Governance written by Horatia Muir Watt and published by Law and Global Governance. This book was released on 2014 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Horatia Muir Watt and Diego P. Fernández-Arroyo: Introduction: The Relevance of Private International Law to the Global Governance Debate Part I: BEHIND CLOSED DOORS: THE PRIVATE MODEL AND ITS DISCONTENTS Section A. Epistemological Challenge: The Meaning of 'Private' in Private International Law 1: Geoffrey Samuel: Comparative Law as Resistance 2: Robert Wai: Private v Private: Transnational Private Law and Contestation in Global Economic Governance 3: Ralf Michaels: Post-critical Private International Law: From Politics to Technique Section B. Political Critique: Privatization as Homogenization 4: Tomaso Ferrando: Global Land Grabbing: A Tale of Three Legal Homogenizations 5: Veronica Corcodel: Governance Implications of Comparative Legal Thinking: On Henry Maine's Jurisprudence and British Imperialism Section C. Searching for Legitimacy: Questions of Design 6: Diego P. Fernández-Arroyo: Private Adjudication Without Precedent? 7: Gilles Cuniberti: The Merchant Who Would Not Be King: Unreasoned Fears about Private Lawmaking 8: Yannick Radi: Balancing the Public and the Private in International Investment Law PART II: BEYOND THE SCHISM: EMERGING MODELS AND WORLDVIEWS Section A. The Global Turn to Informality: Pragmatism and Constructivism 9: Benoit Frydman: A Pragmatic Approach To Global Law 10: Harm Schepel: Rules of Recognition: A Legal Constructivist Approach to Transnational Private Regulation 11: Michael Karayanni: The Extraterritorial Application of Access to Justice Rights: On the Availability of Israeli Courts to Palestinian Plaintiffs Section B. Re-importing Public Law Methodology: Federalism and Constitutionalism 12: Alex Mills: Variable Geometry, Peer Governance, and the Public International Perspective on Private International Law 13: Jacco Bomhoff: The Constitution of the Conflict of Laws 14: Jérémy Heymann: Importing Proportionality to the Conflict of Laws Section C. Reinventing a Global Horizon: Working towards a Global Public Good 15: Bram van der Eem: Financial Stability and Private International Law 16: Ivana Isailovic: Recognition(and Mis-recognition) in Private International Law 17: Sabine Corneloup: Can Private International Law Contribute to Global Migration Governance? Horatia Muir Watt: Paradigm Change in Private International Law: Renewal, Circularity, or Decline?
Book Synopsis The International Law of War by : Myres Smith MacDougal
Download or read book The International Law of War written by Myres Smith MacDougal and published by Martinus Nijhoff Publishers. This book was released on 1994-08-18 with total page 968 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trials.
Book Synopsis Transnational Asymmetric Armed Conflict Under International Humanitarian Law by : Eliav Lieblich
Download or read book Transnational Asymmetric Armed Conflict Under International Humanitarian Law written by Eliav Lieblich and published by . This book was released on 2015 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book addresses some of the major challenges that contemporary conflicts, particularly transnational asymmetric armed conflicts, present in the context of international humanitarian law. Against the growing interface between international humanitarian and human rights law, it discusses the normative framework regulating such conflicts as well as particular issues concerning the law on targeting, such as the application of the principles of distinction and proportionality in scenarios of asymmetric conflict. The book defines the different positions in international discourse regarding these dilemmas and seeks wherever possible to reconcile them, at the same time that it highlights instances where there can be no reconciliation. The volume attempts to map the approaches toward some of the most pressing issues on the regulation of contemporary armed conflicts. Intended for military commanders, policymakers, lawyers, and the general public, it provides a detailed summary of these dilemmas that can serve decision makers in their formulation and assessment of state action and policy"--Publisher's web site.
Book Synopsis Transnational Law and Practice by : Donald Earl Childress III
Download or read book Transnational Law and Practice written by Donald Earl Childress III and published by Aspen Publishing. This book was released on 2022-10-27 with total page 1056 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. Transnational Law and Practice emphasizes the knowledge and skills that students need to solve the real-world transnational legal problems they are likely to encounter as lawyers in today’s globalized world—regardless of their field of practice and regardless of whether they are interested in international law as such. The casebook covers public international law and international courts; but unlike traditional international law casebooks, it urges students not to be “international law-centric” or “international court-centric” and gives them the resources to learn how to use national law and national courts, and private norms and alternative dispute resolution methods, to solve transnational legal problems on behalf of their clients. New to the Second Edition: Substantially re-written chapter on recognition and enforcement of foreign judgments to reflect recent important developments Excerpts from and discussion of new Supreme Court decisions on extraterritoriality, personal jurisdiction, the Alien Tort Statute and Foreign Sovereign Immunity Excerpts from the new Restatement (Fourth) of the Foreign Relations Law of the United States and the draft Restatement of the U.S. Law of International Commercial and Investor-State Arbitration Professors and students will benefit from: A practice-oriented approach that focuses on the knowledge and skills students need to solve real-world transnational legal problems on behalf of their clients. Comparative perspectives throughout. A team of authors with a wide range of expertise and experience in transnational litigation, arbitration, international law, constitutional law and transnational business transactions. An excellent alternative to classic public international law texts for introductory or first-year courses on international or transnational law. Multiple uses: With advanced material on transnational practice in U.S. courts, also ideal for upper-division courses on international civil litigation. Practical materials not traditionally included in public international law casebooks, such as materials on transnational commercial arbitration and conflict of laws. Extensive explanatory text to facilitate student learning and notes and questions that emphasize real-world lawyering, not just theory and doctrine. Review questions at the end of each chapter to help students synthesize, logically structure, and flowchart complex material.
Book Synopsis Transnational Law by : Philip Caryl Jessup
Download or read book Transnational Law written by Philip Caryl Jessup and published by . This book was released on 1956 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Armed Conflicts and the Environment by : Anne Dienelt
Download or read book Armed Conflicts and the Environment written by Anne Dienelt and published by Springer. This book was released on 2023-08-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book rethinks the means of harmonization of prima facie norm conflicts in light of the multitude of international agreements across regimes. The methodology deployed in this book, which is referred to as complementation or complementary application, represents a novel approach by focusing on commonly shared objectives and a unifying ordre public transnational across fields of public international law that allow for a harmonization beyond traditional treaty interpretation. Fields of public international law, mainly the laws of armed conflict, international environmental law, and human rights law, apply simultaneously to questions regarding the environment and war. Such a coexistence challenges the unity of the international legal order, and it also challenges the means of harmonization across fields of public international law. However, eventually, the co-existence of several fields of public international law can result in a refinement of international law and enhanced legal protection. Diversification can also contribute to clarification or normative intensification in areas of parallel application of various fields and multilayered legal protection, demonstrating a counter-option to fragmentation.
Book Synopsis The 1949 Geneva Conventions by : Andrew Clapham
Download or read book The 1949 Geneva Conventions written by Andrew Clapham and published by Oxford University Press. This book was released on 2015-10-15 with total page 1400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The four Geneva Conventions, adopted in 1949, remain the fundamental basis of contemporary international humanitarian law. They protect the wounded and sick on the battlefield, those wounded, sick or shipwrecked at sea, prisoners of war, and civilians in time of war. However, since they were adopted warfare has changed considerably. In this groundbreaking commentary over sixty international law experts investigate the application of the Geneva Conventions and explain how they should be interpreted today. It places the Conventions in the light of the developing obligations imposed by international law on states, armed groups, and individuals, most notably through international human rights law and international criminal law. The context in which the Conventions are to be applied and interpreted has changed considerably since they were first written. The borderline between international and non-international armed conflicts is not as clear-cut as was once thought, and is complicated further by the use of armed force mandated by the United Nations and the complex mixed and transnational nature of certain non-international armed conflicts. The influence of other developing branches of international law, such as human rights law and refugee law has been considerable. The development of international criminal law has breathed new life into multiple provisions of the Geneva Conventions. This commentary adopts a thematic approach to provide detailed analysis of each key issue dealt with by the Conventions, taking into account both judicial decisions and state practice. Cross-cutting chapters on issues such as transnational conflicts and the geographical scope of the Conventions also give readers a full understanding of the meaning of the Geneva Conventions in their contemporary context. Prepared under the auspices of the Geneva Academy of International Humanitarian Law and Human Rights, this commentary on four of the most important treaties in international law is unmissable for anyone working in or studying situations of armed conflicts.
Book Synopsis Transnational Conflicts and International Law by : Constantin von der Groeben
Download or read book Transnational Conflicts and International Law written by Constantin von der Groeben and published by BoD – Books on Demand. This book was released on 2014-11-19 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since 9/11 the legal classification of transnational conflicts between states and non-state armed groups, such as Al Qaeda, has become a highly debated topic. While repeatedly referred to as the War on Terror, the legal qualification of the conflict between the US and Al Qaeda remains controversial: US military operations in Afghanistan against Al Qaeda and the use of drones against alleged terrorists in Pakistan, Yemen and other states pose the question as to whether this conflict truly qualifies as one single global war. Similarly, transnational conflicts such as the Colombian operation against a FARC base in Ecuador, Israel’s fight against Hezbollah in Lebanon, and Turkish operations against the PKK in northern Iraq pose difficulties as they transcend individual nations˙ political systems and geographical borders. Whether the law of war (i.e. humanitarian law) is applicable to such conflicts and to what extent human rights law binds the states involved is debated. This work aims to provide structure to the current debate and analyzes the applicability of both humanitarian law and human rights law. Furthermore, it examines and explores approaches to enhance and develop the existing legal framework, including proposed new legal regimes for transnational conflicts. The author argues against the strict separation of international humanitarian law and human rights law and instead borrows from Colombian authorities’ experience in their struggle with the FARC to develop an alternate solution, combining both legal regimes in an integrated approach.
Book Synopsis The Law of International Conflicts by : Hanspeter Neuhold
Download or read book The Law of International Conflicts written by Hanspeter Neuhold and published by Collected Courses of the Xiame. This book was released on 2015-10 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of International Conflict deals with three key principles of international law from a policy-oriented perspective that includes insights from various social sciences.
Book Synopsis Non-International Armed Conflicts in International Law by : Yoram Dinstein
Download or read book Non-International Armed Conflicts in International Law written by Yoram Dinstein and published by Cambridge University Press. This book was released on 2021-03-25 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses the legal implications of non-international armed conflicts at a time when their number is constantly growing.
Book Synopsis Principles of International Criminal Law by : Gerhard Werle
Download or read book Principles of International Criminal Law written by Gerhard Werle and published by Oxford University Press. This book was released on 2020-10-09 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of International Criminal Law is one of the most influential textbooks in the field of international criminal justice. This fourth edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law. It provides a detailed understanding of the sources and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. The book assesses in detail the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. The new edition revises and updates the work with developments in international criminal justice since 2014. It includes substantial new material on critical perspectives on international criminal justice, the fragmentation of international criminal law, new war crimes of prohibited means of warfare, and the prosecution of crimes committed in Syria and Northern Iraq.The book retains its highly-acclaimed systematic approach and consistent methodology, making it essential reading for both students and scholars of international criminal law, as well as practitioners and judges working in the field.
Book Synopsis International Law and Transnational Organized Crime by : Pierre Hauck
Download or read book International Law and Transnational Organized Crime written by Pierre Hauck and published by Oxford University Press. This book was released on 2016 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the various sources of law that form this area of growing academic and practical importance, International Law and Transnational Organised Crime provides readers with a thorough understanding of the key concepts and legal instruments in international law governing transnational organised crime.
Book Synopsis International Law and Islam by : Ignacio de la Rasilla del Moral
Download or read book International Law and Islam written by Ignacio de la Rasilla del Moral and published by BRILL. This book was released on 2018-12-10 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law and Islam: Historical Explorations offers a unique opportunity to examine the Islamic contribution to the development of International Law in a historical perspective.
Book Synopsis The Oxford Handbook of International Law in Armed Conflict by : Andrew Clapham
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.
Book Synopsis International Humanitarian Law and the International Red Cross and Red Crescent Movement by : Aldo Zammit Borda
Download or read book International Humanitarian Law and the International Red Cross and Red Crescent Movement written by Aldo Zammit Borda and published by Routledge. This book was released on 2013-09-13 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a key reference on the role of the Commonwealth and its member states in relation to international humanitarian law (IHL). It provides insights in the implementation of IHL in Commonwealth states and, particularly, the challenges faced by small states. It examines the progressive development of IHL in the Commonwealth and provides an analysis of some of the landmark decisions emerging from the Special Court for Sierra Leone. The book was developed collaboratively between the Commonwealth Secretariat and the International Red Cross and Red Crescent Movement. In this regard, it contains insights in the work of the Secretariat with regard to implementation of IHL and an assessment of legislation enacted by Commonwealth states as well as an accession chart to IHL instruments. It expounds on the work of the Movement, including the role of National Societies, the International Humanitarian Fact-Finding Commission, and the development of international disaster response law, rules and regulation. This book was based on a special issue of Commonwealth Law Bulletin.
Book Synopsis War Economies and International Law by : Mark B. Taylor
Download or read book War Economies and International Law written by Mark B. Taylor and published by Cambridge University Press. This book was released on 2021-07-15 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic activity continues during war. But what rules apply when US troops occupy Syrian oil fields? Who is responsible when multinational companies use minerals extracted by child labourers in war zones? This book examines how international law regulates the war economies that are at the heart of strategic competition between great powers and help sustain the irregular warfare in today's war zones. Drawing on advances in our understanding of the social and economic dynamics in war zones, this book identifies predation, a combination of violence and economic opportunity, as the core pathology of war economies. The author presents a framework for understanding the regulation of war economies based on the history of international law and existing norms of international humanitarian law, international criminal law, international human rights law and the law of international peace and security. War Economies and International Law concludes that the pathologies of predation in war demand answers based on an international regulatory strategy.
