Author: Nils Kapferer
Publisher:
ISBN:
Category :
Languages : fr
Pages : 55

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Author: Luigi Condorelli
Publisher:
ISBN:
Category :
Languages : fr
Pages :

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Author: Frédéric Joram
Publisher:
ISBN:
Category :
Languages : fr
Pages : 0

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Author: Judith Gail Gardam
Publisher: BRILL
ISBN: 9004632409
Category : Law
Languages : en
Pages : 213

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Despite the advances made by the international community to outlaw the resort to force by the United Nations Charter, armed conflicts both international and non-international are a fact of every day life. The civilian casualties from such conflicts have assumed catastrophic proportions. Little attention, however, has been paid by scholars to the treatment of noncombatants in armed conflict and the place in international law of the principle fundamental to the law of armed conflict: noncombatant immunity. This work aims to remedy this omission. The author analyses in detail the content of the customary and conventional rules that give effect to this principle, in both international and non-international armed conflict. The importance of such a study is highlighted by the recent Gulf conflict where so many of the States were not bound by the most recent treaty rules protecting noncombatants.

Author: Andreas S. Kolb
Publisher: Springer
ISBN: 3662556448
Category : Law
Languages : en
Pages : 639

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This book examines the hard legal core, if any, of the “Responsibility to Protect (R2P)” concept with regard to the commitment to take collective action through the UN Security Council. It addresses the question of whether public international law establishes a duty on the part of the individual Security Council members to collectively take the necessary action to prevent atrocities (genocide, crimes against humanity, war crimes and ethnic cleansing). To this end, it offers an interpretation of provisions in multilateral conventions, such as the undertaking to prevent genocide in Article 1 of the Genocide Convention and the undertaking to ensure respect for the Geneva Conventions in common Article 1 of the 1949 Geneva Conventions, analyses the UN Charter framework for Security Council action, and explores whether the recognition of the international responsibility to protect has prompted the emergence of a new norm for general international law.

Author: Alexander Wentker
Publisher: Oxford University Press
ISBN: 0198900929
Category : Law
Languages : en
Pages : 321

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Book Description
The question of what constitutes an armed conflict has featured prominently in international law debates. However, international lawyers have paid less attention to the inextricable question of who is engaged in a conflict, focusing solely on whether there is an armed conflict. Against this backdrop, Alexander Wentker's Party Status to Armed Conflict in International Law explores why it matters and how it is established that a State, international organization, or armed group is a party to an armed conflict. The first part of the book demonstrates that party status is central at all levels of the international legal regulation of armed conflicts, with parties to armed conflict being both key addressees of international law and central reference points for regulating individuals and third parties. In response to increasingly widespread cooperation practices, the book's second part advances an analytical framework for identifying parties to conflicts with multiple parties on the same side (or 'co-parties'). Party Status to Armed Conflict in International Law is aimed at academics, students, and practitioners seeking to understand how armed conflicts are legally regulated. It presents readers with a refined account of how responsibilities are allocated in armed conflicts, enabling deeper insight into how international law can best respond to the realities of contemporary conflicts.

Author: Académie de droit international de La Haye
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792300571
Category : Law
Languages : en
Pages : 452

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Author: Berenika Drazewska
Publisher: BRILL
ISBN: 9004432566
Category : Law
Languages : en
Pages : 391

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Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.

Author: Nerina Boschiero
Publisher: Springer Science & Business Media
ISBN: 9067048941
Category : Law
Languages : en
Pages : 948

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Book Description
This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.

Author: Christian J. Tams
Publisher: Oxford University Press
ISBN: 0199653216
Category : Law
Languages : en
Pages : 429

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Book Description
This book assesses the impact that pronouncements by the International Court of Justice (ICJ) have had on international law. It provides a comprehensive overview of the role of the ICJ in the contemporary law-making process.