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Victim Reparation Under The Ius Post Bellum
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Book Synopsis Jus Post Bellum and Transitional Justice by : Larry May
Download or read book Jus Post Bellum and Transitional Justice written by Larry May and published by Cambridge University Press. This book was released on 2013-10-07 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays brings together jus post bellum and transitional justice theorists to explore the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes. Transitional justice and jus post bellum share in common many concepts that will be explored in this volume. In both transitional justice and jus post bellum, retribution is crucial. In some contexts criminal trials will need to be held, and in others truth commissions and other hybrid trials will be considered more appropriate means for securing some form of retribution. But there is a difference between how jus post bellum is conceptualized, where the key is securing peace, and transitional justice, where the key is often greater democratization. This collection of essays highlights both the overlap and the differences between these emerging bodies of scholarship and incipient law.
Book Synopsis Victim Reparation under the Ius Post Bellum by : Shavana Musa
Download or read book Victim Reparation under the Ius Post Bellum written by Shavana Musa and published by Cambridge University Press. This book was released on 2019-01-03 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Victim Reparation under the Ius Post Bellum fills an enormous gap in international legal scholarship. It questions the paradigmatic shift of rights to reparation towards a morality-based theory of international law. At a time when international law has a tendency to take a purely positivistic and international approach, Shavana Musa questions whether an embrace of an evaluative approach alongside the politics of war and peace is more practical and effective for war victims. Musa provides a never-before-conducted contextual insight into how the issue has been handled historically, analysing case studies from major wars from the seventeenth century to the modern day. She uses as-yet untouched archival documentation from these periods, which uncovers unique data and information on international peacemaking, and actually demonstrates more effective practices of reparation provisions compared with today. This book combines historical analysis with modern day developments to provide normative assertions for a future reparation system.
Book Synopsis Victim Reparation Under the Ius Post Bellum by :
Download or read book Victim Reparation Under the Ius Post Bellum written by and published by . This book was released on 2016 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Just Peace After Conflict by : Carsten Stahn
Download or read book Just Peace After Conflict written by Carsten Stahn and published by Oxford University Press. This book was released on 2020 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: As contemporary studies have increasingly viewed just post bellum to the concept of peace, or the law of peace, so opinions concerning what a 'just peace' could look like have diverged. Is it merely an elusive ideal? Or is it predominantly procedural justice? Is it dependent on concessions and compromise? In this volume, the third output of a major research project on Jus Post Bellum, Carsten Stahn, Jens Iverson, and Jennifer Easterday bring together a team of experts to explore the issues surrounding a just peace, what it is composed of, and how it makes itself felt in the modern world, concluding that a just peace is not only related to form and
Book Synopsis Reparations for Victims of Armed Conflict by : Cristián Correa
Download or read book Reparations for Victims of Armed Conflict written by Cristián Correa and published by Cambridge University Press. This book was released on 2020-12-17 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three experts address reparation for victims of armed conflict, drawing on international law practice, human rights courts, and domestic law.
Book Synopsis International Law and Transition to Peace in Colombia by : César Rojas-Orozco
Download or read book International Law and Transition to Peace in Colombia written by César Rojas-Orozco and published by Theory and Practice of Public. This book was released on 2021 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In International Law and Transition to Peace in Colombia, César Rojas-Orozco analyses the role of international law in transition from armed conflict to peace, by using the analytical framework of jus post bellum and Colombia as a case study. While contemporary attention to jus post bellum has focused on its theoretical development and regarding international warfare, this book is the first work to comprehensively assess the concept in practice and in the context of a non-international armed conflict. Discussing the creative formulas adopted in Colombia to conciliate international legal requirements and the practical needs of peace, the book offers concrete elements to understand the concept of jus post bellum as a framework to guide other transitions around the world"--
Download or read book Jus Post Bellum written by Carsten Stahn and published by . This book was released on 2014-02 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jus post bellum is the body of international legal norms and rules of international law that applies to a post-conflict situation as it moves to a status of peace. This book provides a detailed legal analysis of all aspects of jus post bellum, and uses case studies to show its relevance to the reality of situations on the ground.
Book Synopsis Jus Post Bellum and Transitional Justice by : Larry May
Download or read book Jus Post Bellum and Transitional Justice written by Larry May and published by Cambridge University Press. This book was released on 2013-10-07 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays explores the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes.
Book Synopsis Morality, Jus Post Bellum, and International Law by : Larry May
Download or read book Morality, Jus Post Bellum, and International Law written by Larry May and published by Cambridge University Press. This book was released on 2012-04-23 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays brings together some of the leading legal, political and moral theorists to discuss the normative issues that arise when war concludes and when a society strives to regain peace. In the transition from war, mass atrocity or a repressive regime, how should we regard the idea of democracy and human rights? Should regimes be toppled unless they are democratic or is it sufficient that these regimes are less repressive than before? Are there moral reasons for thinking that soldiers should be relieved of responsibility so as to advance the goal of peace building? And how should we regard the often conflicting goals of telling the truth about what occurred in the past and allowing individuals to have their day in court? These questions and more are analyzed in detail. It also explores whether jus post bellum itself should be a distinct field of inquiry.
Book Synopsis The Oxford Handbook of Ethics of War by : Seth Lazar
Download or read book The Oxford Handbook of Ethics of War written by Seth Lazar and published by Oxford University Press. This book was released on 2018-01-12 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen a resurgence of interest, among both philosophers, legal scholars, and military experts, on the ethics of war. Due in part due to post 9/11 events, this resurgence is also due to a growing theoretical sophistication among scholars in this area. Recently there has been very influential work published on the justificaton of killing in self-defense and war, and the topic of the ethics of war is now more important than ever as a discrete field. The 28 commissioned chapters in this Handbook will present a comprehensive overview of the field as well as make significant and novel contributions, and collectively they will set the terms of the debate for the next decade. Lazar and Frowe will invite the leading scholars in the field to write on topics that are new to them, making the volume a compilation of fresh ideas rather than a rehash of earlier work. The volume will be dicided into five sections: Method, History, Resort, Conduct, and Aftermath. The contributors will be a mix of junior and senior figures, and will include well known scholars like Michael Walzer, Jeff McMahan, and David Rodin.
Book Synopsis Morality, Jus Post Bellum, and International Law by : Larry May
Download or read book Morality, Jus Post Bellum, and International Law written by Larry May and published by Cambridge University Press. This book was released on 2012-04-23 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading legal, political and moral theorists discuss the normative issues that arise when war concludes and when a society strives to regain peace.
Book Synopsis Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity by : Carla Ferstman
Download or read book Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity written by Carla Ferstman and published by BRILL. This book was released on 2009 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to access effective and enforceable remedies and reparation for harm suffered. In discussions between the Conference organisers and Judges and officials of the International Criminal Court, it became ever more apparent that there was a great need for frank and open exchanges on the question of effective reparation, between the representatives of victims, of NGOs and IGOs, and other experts. It was clear to all that the many current initiatives of governments and regional and international institutions to afford reparations to victims of genocide, crimes against humanity and war crimes could benefit greatly by taking into full account the wide and varied practice that had been built up over several decades. In particular, the Hague Conference sought to consider in detail the long experience of the Conference on Jewish Material Claims against Germany (the Claims Conference) in respect of Holocaust restitution programmes, as well as the practice of truth commissions, arbitral proceedings and a variety of national processes to identify common trends, best practices and lessons. This book thus explores the actions of governments, as well as of national and international courts and commissions in applying, processing, implementing and enforcing a variety of reparations schemes and awards. Crucially, it considers the entire complex of issues from the perspective of the beneficiaries - survivors and their communities - and from the perspective of the policy-makers and implementers tasked with resolving technical and procedural challenges in bringing to fruition adequate, effective and meaningful reparations in the context of mass victimisation.
Book Synopsis After the Smoke Clears by : Mark J. Allman
Download or read book After the Smoke Clears written by Mark J. Allman and published by Wipf and Stock Publishers. This book was released on 2022-07-21 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: While most studies of just war focus on the rationale for going to war and the conduct of the war, this important book examines the period after the conflict. What must be done to restore justice? In the words of the authors, “’Victory’ is declared by presidents and other leaders, yet all too often no just peace is to be found in the wake of today’s conflicts. . . . After the smoke clears, the powers that be may declare ‘mission accomplished’ when, as Ezekiel long ago said, there really is no peace.”
Book Synopsis Environmental Protection and Transitions from Conflict to Peace by : Carsten Stahn
Download or read book Environmental Protection and Transitions from Conflict to Peace written by Carsten Stahn and published by Oxford University Press. This book was released on 2017 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the protection of the environment in post-conflict societies, with regard both to the maintenance of natural ecosystems and to the function of environmental protection in the peace-building process, addressing the strengths and weaknesses of different bodies of law.
Book Synopsis The 1998–2000 Eritrea-Ethiopia War and Its Aftermath in International Legal Perspective by : Andrea de Guttry
Download or read book The 1998–2000 Eritrea-Ethiopia War and Its Aftermath in International Legal Perspective written by Andrea de Guttry and published by Springer Nature. This book was released on 2021-04-01 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book centres on the war that raged between Eritrea and Ethiopia from 1998 to 2000, a war that caused great loss of life and tremendous devastation. It analyses the war in great detail from an international legal perspective: the nature and the state of the boundary conflict preceding the actual armed conflict, the military actions themselves, the role of the UN peace-keeping mission, the responsibility for the multitude of explosive remnants of the war left behind. Ample attention is paid to the decisions of the Eritrea-Ethiopia Claims Commission and the Eritrea-Ethiopia Boundary Commission. This study is not limited to the war and the period immediately following it, it also examines its more extended aftermath prolonging the analysis as far as the more recent improvement in the relations between Eritrea and Ethiopia, away from a situation of ‘no war, no peace’ that prevailed after the armed conflict ended. The analysis of the war and its aftermath is not only in terms of international legal issues, it has been placed in a wider than strictly legal perspective. The book is a valuable work for academics and practitioners in international law, human rights and humanitarian law in particular, for political scientists, diplomats, civil servants, historians, and all those others seriously interested in the Horn of Africa. Andrea de Guttry is Full Professor of Public International Law at the Scuola Superiore Sant'Anna in Pisa, Italy. Harry H.G. Post is Adjunct Professor in the Faculté Libre de Droit of the Université Catholique de Lille in Lille, France. Gabriella Venturini is Professor Emerita in the Dipartimento di Studi internazionali, giuridici e storico-politici of the Università degli Studi di Milano in Milan, Italy.
Book Synopsis International Law and Transition to Peace in Colombia by : César Rojas-Orozco
Download or read book International Law and Transition to Peace in Colombia written by César Rojas-Orozco and published by BRILL. This book was released on 2021-07-05 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: In International Law and Transition to Peace in Colombia, César Rojas-Orozco analyses the role of international law in transition from armed conflict to peace, by using the analytical framework of jus post bellum and Colombia as a case study. While contemporary attention to jus post bellum has focused on its theoretical development and regarding international warfare, this book is the first work to comprehensively assess the concept in practice and in the context of a non-international armed conflict. Discussing the creative formulas adopted in Colombia to conciliate international legal requirements and the practical needs of peace, the book offers concrete elements to understand the concept of jus post bellum as a framework to guide other transitions around the world.
Book Synopsis Just War Theory and Civilian Casualties by : Marcus Schulzke
Download or read book Just War Theory and Civilian Casualties written by Marcus Schulzke and published by Cambridge University Press. This book was released on 2017-08-10 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are strong moral and legal pressures against harming civilians in times of conflict, yet neither just war theory nor international law is clear about what responsibilities belligerents have to correct harm once it has been inflicted. In this book, Marcus Schulzke argues that military powers have a duty to provide assistance to the civilians they attack during wars, and that this duty is entailed by civilians' right to life. Schulzke develops new just war principles requiring belligerents to provide medical treatment and financial compensation to civilian victims, and then shows how these principles can be implemented in governmental, military, and international practice. He calls for a more individual-focused conception of international law and post-war justice for victims - as opposed to current state- or group-based reconstruction and reparation programs - which will provide a framework for protecting civilian rights.
