International Law And Armed Conflict, Exploring the Faultlines

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004154280
Total Pages : 629 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis International Law And Armed Conflict, Exploring the Faultlines by : Michael N. Schmitt

Download or read book International Law And Armed Conflict, Exploring the Faultlines written by Michael N. Schmitt and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday's wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the" jus ad bellum" and "jus in bello" are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein's classic works - "War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict "? the book addresses both "ius ad bellum" and "ius in bello" topics.

Taming Ares: War, Interstate Law, and Humanitarian Discourse in Classical Greece

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Author :
Publisher : BRILL
ISBN 13 : 9004363823
Total Pages : 329 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Taming Ares: War, Interstate Law, and Humanitarian Discourse in Classical Greece by : Emiliano J. Buis

Download or read book Taming Ares: War, Interstate Law, and Humanitarian Discourse in Classical Greece written by Emiliano J. Buis and published by BRILL. This book was released on 2018-05-01 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Taming Ares Emiliano J. Buis examines the sources of classical Greece to challenge both the state-centeredness of mainstream international legal history and the omnipresence of war and excessive violence in ancient times. Making ample use of epigraphic as well as literary, rhetorical, and historiographical sources, the book offers the first widespread account of the narrative foundations of the (il)legality of warfare in the classical Hellenic world. In a clear yet sophisticated manner, Buis convincingly proves that the traditionally neglected study of the performance of ancient Greek poleis can contribute to a better historical understanding of those principles of international law underlying the practices and applicable rules on the use of force and the conduct of hostilities.

Regulating the Use of Force in Wars of National Liberation: The Need for a New Regime

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Publisher : BRILL
ISBN 13 : 9047426347
Total Pages : 288 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Regulating the Use of Force in Wars of National Liberation: The Need for a New Regime by : Noelle Higgins

Download or read book Regulating the Use of Force in Wars of National Liberation: The Need for a New Regime written by Noelle Higgins and published by BRILL. This book was released on 2009-12-14 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work reconsiders and critically evaluates the complex international legal framework which seeks to regulate wars of national liberation in the light of two fascinating case studies. It tests the effectiveness of both the jus ad bellum and jus in bello aspects of the current legal framework by applying it to self-determination wars waged in the South Moluccas and Aceh by armed groups against Indonesia. The book highlights the various difficulties inherent in the current legal framework as well as the ad hoc and unpredictable practice of States in relation to its application. The work concludes with recommendations on how the current framework should be updated and enhanced so that it can adequately deal with modern self-determination conflicts.

Guide to Latin in International Law

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Publisher : Oxford University Press
ISBN 13 : 0195369386
Total Pages : 323 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Guide to Latin in International Law by : Aaron Xavier Fellmeth

Download or read book Guide to Latin in International Law written by Aaron Xavier Fellmeth and published by Oxford University Press. This book was released on 2009 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This provides a comprehensive approach and includes both literal translations and definitions with several useful innovations. Included is not only the modern English pronunciation but also the classical or 'restored' one. Each entry is also cross-referenced to related terms for ease of use.

Weapons and the Law of Armed Conflict

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Publisher : Oxford University Press
ISBN 13 : 0191044164
Total Pages : 506 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Weapons and the Law of Armed Conflict by : William H. Boothby

Download or read book Weapons and the Law of Armed Conflict written by William H. Boothby and published by Oxford University Press. This book was released on 2016-03-10 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together the law of armed conflict governing the use of weapons into a single volume, the fully updated Second Edition of Weapons and the Law of Armed Conflict interprets these rules and discusses the factors influencing future developments in weapons law. After relating the historical evolution of weapons law, the book discusses the important customary principles that are the foundation of the subject, and provides a condensed account of the law that exists on the use of weapons. The treaties and customary rules applying to particular categories of weapon are thereafter listed and explained article by article and rule by rule in a series of chapters. Having stated the law as it is, the book then explores the way in which this dynamic field of international law develops in the light of various influences. The legal review of weapons is discussed, both from the perspective of how such reviews should be undertaken and how such a system should be established. Having stated the law as it is, the book then investigates the way in which this dynamic field of international law develops in the light of various influences. In the final chapter, the prospects for future rule change are considered. This Second Edition includes a discussion of new treaty law on expanding bullets, the arms trade, and norms in relation to biological and chemical weapons. It also analyses the International Manuals on air and missile warfare law and on cyber warfare law, the challenges posed by 'lethal autonomous weapon systems', and developments in the field of information and telecommunications otherwise known as cyber activities.

The Cambridge Handbook of the Just War

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Publisher : Cambridge University Press
ISBN 13 : 1107152496
Total Pages : 369 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Cambridge Handbook of the Just War by : Larry May

Download or read book The Cambridge Handbook of the Just War written by Larry May and published by Cambridge University Press. This book was released on 2018-02-15 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive exploration of contemporary debates in Just War Theory, addressing moral, political, and legal issues.

Rights and Civilizations

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Publisher : Cambridge University Press
ISBN 13 : 1108474233
Total Pages : 409 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Rights and Civilizations by : Gustavo Gozzi

Download or read book Rights and Civilizations written by Gustavo Gozzi and published by Cambridge University Press. This book was released on 2019-02-14 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Illustrates the origin and ways of Western hegemony over other civilizations across the world.

The International Law of Economic Warfare

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Publisher : Springer Nature
ISBN 13 : 3030728463
Total Pages : 406 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis The International Law of Economic Warfare by : Teoman M. Hagemeyer-Witzleb

Download or read book The International Law of Economic Warfare written by Teoman M. Hagemeyer-Witzleb and published by Springer Nature. This book was released on 2021-07-14 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the prohibition of the threat or use of force and the resurgence of (economic) nationalism, economic warfare has become an increasingly important substitute for actual hostilities between states. Its manifestations range from medieval sieges to modern day trade wars. Despite its long history, economic warfare remains an elusive term, foreign to international law. This book seeks to identify those portions of international law that are applicable to economic warfare. What is the status quo of regulation? Is there a jus ad bellum oeconomicum? A jus in bello oeconomico? After putting forward its own definition of economic warfare, the book reviews historical case studies – reflecting the three main branches of international economic law: trade, investment and currency – to identify pertinent legal boundaries. While the case studies reveal that numerous rules of international (economic) law regulate (specific measures of) economic warfare, it remains to be seen whether – analogously to the prohibition of the threat or use of force – these selective limitations have the potential to coalesce into a general prohibition of economic warfare in the future.

The Ethics of War

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Publisher : Oxford University Press
ISBN 13 : 0190614552
Total Pages : 305 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Ethics of War by : Saba Bazargan

Download or read book The Ethics of War written by Saba Bazargan and published by Oxford University Press. This book was released on 2017-01-23 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Just War theory - as it was developed by the Catholic theologians of medieval Europe and the jurists of the Renaissance - is a framework for the moral and legal evaluation of armed conflicts. To this day, Just War theory informs the judgments of ethicists, government officials, international lawyers, religious scholars, news coverage, and perhaps most importantly, the public as a whole. The influence of Just War theory is as vast as it is subtle - we have been socialized into evaluating wars largely according to the principles of this medieval theory, which, according to the eminent philosopher David Rodin, is "one of the few basic fixtures of medieval philosophy to remain substantially unchallenged in the modern world". Some of the most basic assumptions of Just War Theory have been dismantled in a barrage of criticism and analysis in the first dozen years of the 21st century. "The Ethics of War" continues and pushes past this trend. This anthology is an authoritative treatment of the ethics and law of war by both the eminent scholars who first challenged the orthodoxy of Just War theory, as well as by new thinkers. The twelve original essays span both foundational and topical issues in the ethics of war, including an investigation of: whether there is a "greater-good" obligation that parallels the canonical lesser-evil justification in war; the conditions under which citizens can wage war against their own government; whether there is a limit to the number of combatants on the unjust side who can be permissibly killed; whether the justice of the cause for which combatants fight affects the moral permissibility of fighting; whether duress ever justifies killing in war; the role that collective liability plays in the ethics of war; whether targeted killing is morally and legally permissible; the morality of legal prohibitions on the use of indiscriminate weapons; the justification for the legal distinction between directly and indirectly harming civilians; whether human rights of unjust combatants are more prohibitive than have been thought; the moral repair of combatants suffering from PTSD; and the moral categories and criteria needed to understand the proper justification for ending war.

War, Aggression and Self-Defence

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Publisher : Cambridge University Press
ISBN 13 : 1139503170
Total Pages : 409 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis War, Aggression and Self-Defence by : Yoram Dinstein

Download or read book War, Aggression and Self-Defence written by Yoram Dinstein and published by Cambridge University Press. This book was released on 2011-10-20 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Yoram Dinstein's influential textbook is an indispensable guide to the legal issues of war and peace, armed attack, self-defence and enforcement measures taken under the aegis of the Security Council. This fifth edition incorporates recent treaties such as the Kampala amendments of the Statute of the International Criminal Court, new case law from the International Court of Justice and other tribunals, and contemporary doctrinal debates. Several new supplementary sections are also included, which take into account recent conflicts around the world, and consideration is given to new resolutions of the Security Council. With many segments having been rewritten to reflect recent State practice, this book remains a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence.

Outsourcing War

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Publisher : Cornell University Press
ISBN 13 : 1501703560
Total Pages : 198 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Outsourcing War by : Amy E. Eckert

Download or read book Outsourcing War written by Amy E. Eckert and published by Cornell University Press. This book was released on 2016-02-19 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent decades have seen an increasing reliance on private military contractors (PMCs) to provide logistical services, training, maintenance, and combat troops. In Outsourcing War, Amy E. Eckert examines the ethical implications involved in the widespread use of PMCs, and in particular questions whether they can fit within customary ways of understanding the ethical prosecution of warfare. Her concern is with the ius in bello (right conduct in war) strand of just war theory. Just war theorizing is generally built on the assumption that states, and states alone, wield a monopoly on the legitimate use of force. Who holds responsibility for the actions of PMCs? What ethical standards might they be required to observe? How might deviations from such standards be punished? The privatization of warfare poses significant challenges because of its reliance on a statist view of the world. Eckert argues that the tradition of just war theory—which predates the international system of states—can evolve to apply to this changing world order. With an eye toward the practical problems of military command, Eckert delves into particular cases where PMCs have played an active role in armed conflict and derives from those cases the modifications necessary to apply just principles to new agents in the landscape of war.

The International Law of Occupation

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Publisher : OUP Oxford
ISBN 13 : 0191639575
Total Pages : 416 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The International Law of Occupation by : Eyal Benvenisti

Download or read book The International Law of Occupation written by Eyal Benvenisti and published by OUP Oxford. This book was released on 2012-02-23 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law. This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.

Law and Politics in the World Community

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Publisher : Univ of California Press
ISBN 13 : 0520349563
Total Pages : 394 pages
Book Rating : 4.5/5 (23 download)

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Book Synopsis Law and Politics in the World Community by : George A. Lipsky

Download or read book Law and Politics in the World Community written by George A. Lipsky and published by Univ of California Press. This book was released on 2023-11-10 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1953.

War by Contract

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Publisher : Oxford University Press, USA
ISBN 13 : 019960455X
Total Pages : 578 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis War by Contract by : Francesco Francioni

Download or read book War by Contract written by Francesco Francioni and published by Oxford University Press, USA. This book was released on 2011-01-13 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conduct of armed conflict is increasingly being outsourced to private military and security companies, whose legal position remains unclear. This book identifies and analyses the human rights and humanitarian law framework applicable to these companies, examining how they can be held to account and how victims can obtain remedies.

The Law of Nations

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Publisher :
ISBN 13 :
Total Pages : 668 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Law of Nations by : Emer de Vattel

Download or read book The Law of Nations written by Emer de Vattel and published by . This book was released on 1856 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Handbook of International Humanitarian Law

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Publisher : Oxford University Press, USA
ISBN 13 : 0199658803
Total Pages : 767 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Handbook of International Humanitarian Law by : Michael Bothe

Download or read book The Handbook of International Humanitarian Law written by Michael Bothe and published by Oxford University Press, USA. This book was released on 2013-08-29 with total page 767 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.

An Introduction to the International Law of Armed Conflicts

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847314600
Total Pages : 372 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis An Introduction to the International Law of Armed Conflicts by : Robert Kolb

Download or read book An Introduction to the International Law of Armed Conflicts written by Robert Kolb and published by Bloomsbury Publishing. This book was released on 2008-09-17 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.