Author: Roberta Arnold
Publisher: BRILL
ISBN: 9047431871
Category : Law
Languages : en
Pages : 608
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Book Description
The book addresses the current issue of the applicability and application of international human rights law and international humanitarian law in times of armed conflict. Scholars chronologically argued that only international humanitarian law was applicable, that both legal regimes were applicable, and eventually that international humanitarian law was the lex specialis of human rights law. The most recent trend is to state that international humanitarian law and human rights law are merging into a single set of rules, a proposition that is the focus of the investigations carried out in this book. The book examines general issues relating to applicability and the implementation of the two legal regimes as well as provides case studies focusing on specific rights or persons. [The cover of this publication displays a patchwork symbolizing the merger between international humanitarian law and human rights. Neither the publisher nor the editors intended the design to reproduce the protected Red Cross emblem. Any resemblance to the Red Cross emblem is purely coincidental]
Author: David Cantor
Publisher: Martinus Nijhoff Publishers
ISBN: 9004261591
Category : Law
Languages : en
Pages : 512
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Book Description
This book contributes to a long-standing but ever topical debate about whether persons fleeing war to seek asylum in another country – ‘war refugees’ – are protected by international law. It seeks to add to this debate by bringing together a detailed set of analyses examining the extent to which the application of international humanitarian law (IHL) may usefully advance the legal protection of such persons. This generates a range of questions about the respective protection frameworks established under international refugee law and IHL and, specifically, the potential for interaction between them. As the first collection to deal with the subject, the eighteen chapters that make up this unique volume supply a range of perspectives on how the relationship between these two separate fields of law may be articulated and whether IHL may contribute to providing refuge from the inhumanity of war.
Author: Vanessa Holzer
Publisher:
ISBN: 9781780683188
Category :
Languages : en
Pages : 300
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Book Description
Armed conflicts are a major cause of forced displacement, but people displaced by conflict are often not recognized as refugees under the 1951 Convention Relating to the Status of Refugees. They are frequently considered as having fled from generalized violence rather than from persecution. This book determines the international meaning of the refugee definition in Article 1A(2) of the Convention as regards refugee protection claims related to situations of armed conflict in the country of origin. Although the human rights based interpretation of the refugee definition is widely accepted, the interpretation and application of the Convention as regards claims to refugee status that relate to armed conflict is often marred with difficulties. Moreover, contexts of armed conflict pose the question of whether and to what extent the refugee definition should be interpreted in light of international humanitarian law. This book identifies the potential and limits of this interpretative approach. Starting from the history of international refugee law, the book situates the 1951 Convention within the international legal framework for the protection of the individual in armed conflict. It examines the refugee definition in light of human rights, international humanitarian law, and international criminal law, focusing on the elements of the refugee definition that most benefit from this interpretative approach: persecution and the requirement that the refugee claimant's predicament must be causally linked to the race, religion, nationality, and/or membership of a particular social group or political opinion. (Series: International Law - Vol. 15) [Subject: International Law, Humanitarian Law, Human Rights Law, Criminal Law]
Author: Robert W. Whitney
Publisher: UNC Press Books
ISBN: 9780807849255
Category : History
Languages : en
Pages : 276
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Book Description
Between 1920 and 1940, Cuba underwent a remarkable transition, moving from oligarchic rule to a nominal constitutional democracy. The events of this period are crucial to a full understanding of the nation's political evolution, yet they are often glossed
Author: Federiga M. Bindi
Publisher: Brookings Institution Press
ISBN: 0815722524
Category : Law
Languages : en
Pages : 384
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Book Description
"Explores European foreign policy and the degree of European Union success in proposing itself as a valid international actor, drawing from the expertise of scholars and practitioners in many disciplines. Addresses issues past and present, theoretical and practice-oriented, and country- and region-specific"-- Provided by publisher.
Author: Carlos Closa
Publisher: Palgrave Macmillan
ISBN: 9780333753392
Category : Political Science
Languages : en
Pages : 272
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Book Description
Spain's membership of the European Union since 1986 has had a major impact. Driven primarily by political concerns to secure democracy, membership has also served as a catalyst to dynamic economic development in Spain. This book analyzes how the EU has helped shape the political process in Spain, focusing on the key institutions and the policy process. At the same time, Spain's increasingly proactive role within the EU is also explored, with particular attention given to the country's international position in post-Cold War Europe.
Author: María Amparo Almarcha Barbado
Publisher: Palgrave Macmillan
ISBN: 9780312103675
Category : Law
Languages : en
Pages : 311
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Book Description
Author: Paul Christopher Manuel
Publisher: Routledge
ISBN: 1135757836
Category : Political Science
Languages : en
Pages : 356
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Book Description
This publication provides an up-to-date assessment of the political and economic issues and is valuable reading for anyone wishing to understand contemporary Spain and Portugal. Following decades of relative isolation under authoritarian regimes, the success of the processes of democratic transition in both countries paved the way for full membership in the European Community in 1986. Drawing on research by established scholars, Spain and Portugal in the European Union offers an original series of analyses of the development of Iberian politics, sociology and economics since the accession to the European Union.
Author: Emma Lees
Publisher: Oxford University Press
ISBN: 0192508377
Category : Law
Languages : en
Pages : 1316
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Book Description
This Handbook is the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries from four vantage points: country studies from all continents, responses to common problems (including air pollution, water management, nature conservation, genetically modified organisms, climate change and energy, chemicals, waste), foundational components of environmental law systems (including principles, property rights, administrative and judicial organisation, command-and-control regulation, market mechanisms, informational techniques and liability mechanisms), and common interactions of environmental protection with the broader public, private, and criminal law contexts. The volume brings together the foremost authorities in this field from around the world to provide a concise, self-contained, and technically rigorous account of environmental law as a single overall system.
Author: C. J. Bastmeijer
Publisher: Cambridge University Press
ISBN: 1107057892
Category : Law
Languages : en
Pages : 659
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Book Description
Assesses to what extent wilderness areas in Europe receive protection under international conventions, EU directives and domestic law.
