Author: Carsten Stahn
Publisher: T.M.C. Asser Press
ISBN: 9789067042727
Category : Law
Languages : en
Pages : 320

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Book Description

Author: Carsten Stahn
Publisher:
ISBN: 0199685894
Category : History
Languages : en
Pages : 610

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Book Description
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.

Author: Carsten Stahn
Publisher: Oxford University Press
ISBN: 0198823282
Category : Law
Languages : en
Pages : 385

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Book Description
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

Author: International Society for Military Ethics in Europe. Annual conference
Publisher: Brill Nijhoff
ISBN: 9789004411036
Category : Peace-building
Languages : en
Pages : 0

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Jus Post bellum: Restraint, Stabilisation and Peace records the theory of military ethics and the process of attempting to achieve a safe and lasting peace after conflict from the basis of the Just War Theory.

Author: Jens Iverson
Publisher: BRILL
ISBN: 9004331042
Category : Law
Languages : en
Pages : 372

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Book Description
In Jus Post Bellum, Jens Iverson provides for the first time the Just War foundations of the concept, reveals the function of jus post bellum, and integrates the law that governs the transition from armed conflict to peace.

Author: Ruti G. Teitel
Publisher: Oxford University Press
ISBN: 019988224X
Category : Law
Languages : en
Pages : 305

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Book Description
At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition. Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies.

Author: Nigel D. White
Publisher: Edward Elgar Publishing
ISBN: 1849808570
Category : Political Science
Languages : en
Pages : 699

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Book Description
ÔFeaturing some of the fieldÕs most expert thinkers, this is an adroitly constructed volume of essays in Òconflict and security lawÓ. The writing here offers a distillation of the major legal projects in the area while dissolving some of international lawÕs most rigid demarcations (e.g. between war and peace, or the jus ad bellum and jus in bello).Õ Ð Gerry Simpson, University of Melbourne, Australia ÔA most important and timely collection of essays that places the established international rules in their modern and challenging of context.Õ Ð Philippe Sands QC, University College London, UK ÔEvents of the past fifteen years have sharpened the focus on well-known issues in international conflict and security law. What responses to international terrorism are permissible? Can humanitarian intervention be justified under international law? The Research Handbook on International Conflict and Security Law addresses these and other debates across the areas of conflict prevention, use of force and post-conflict reconstruction, with the critical insight for which the contributors are known.Õ Ð James Crawford, University of Cambridge, UK This innovative Research Handbook brings together leading international law scholars from around the world to discuss and highlight the contemporary debate regarding issues of conflict prevention and the legality of resorting to the use of armed force through to those arising during an armed conflict and in the phase between conflict and peace. The Handbook covers key conceptual topics drawn from across the three areas of jus ad bellum, jus in bello and jus post bellum. The subject matter of the included chapters range from conflict prevention through to reparation and compensation, via coverage of issues such as disarmament, the role of the Security Council, self-defence, humanitarian intervention and the responsibility to protect, targets, war crimes, private military contractors, peacekeeping, and the protection of human rights. Being the first to examine topics under these areas in one volume, the book will be of interest to scholars, academics, postgraduate and research students as well as government lawyers from various disciplinary backgrounds looking for a contemporary grounding in issues under the broad theme of international conflict and security law.

Author: Chiara Redaelli
Publisher: Bloomsbury Publishing
ISBN: 1509940561
Category : Law
Languages : en
Pages : 344

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Book Description
This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.

Author: Eric Patterson
Publisher: Georgetown University Press
ISBN: 1589018974
Category : Political Science
Languages : en
Pages : 258

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Book Description
The wars in Afghanistan and Iraq have focused new attention on a perennial problem: how to end wars well. What ethical considerations should guide war’s settlement and its aftermath? In cases of protracted conflicts, recurring war, failed or failing states, or genocide and war crimes, is there a framework for establishing an enduring peace that is pragmatic and moral? Ethics Beyond War’s End provides answers to these questions from the just war tradition. Just war thinking engages the difficult decisions of going to war and how war is fought. But from this point forward just war theory must also take into account what happens after war ends, and the critical issues that follow: establishing an enduring order, employing political forms of justice, and cultivating collective forms of conciliation. Top thinkers in the field—including Michael Walzer, Jean Bethke Elshtain, James Turner Johnson, and Brian Orend—offer powerful contributions to our understanding of the vital issues associated with late- and post conflict in tough, real-world scenarios that range from the US Civil War to contemporary quagmires in Afghanistan, the Middle East, and the Congo.

Author: Fritz Allhoff
Publisher: Routledge
ISBN: 1136260994
Category : Philosophy
Languages : en
Pages : 605

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Book Description
This new Handbook offers a comprehensive overview of contemporary extensions and alternatives to the just war tradition in the field of the ethics of war. The modern history of just war has typically assumed the primacy of four particular elements: jus ad bellum, jus in bello, the state actor, and the solider. This book will put these four elements under close scrutiny, and will explore how they fare given the following challenges: • What role do the traditional elements of jus ad bellum and jus in bello—and the constituent principles that follow from this distinction—play in modern warfare? Do they adequately account for a normative theory of war? • What is the role of the state in warfare? Is it or should it be the primary actor in just war theory? • Can a just war be understood simply as a response to territorial aggression between state actors, or should other actions be accommodated under legitimate recourse to armed conflict? • Is the idea of combatant qua state-employed soldier a valid ethical characterization of actors in modern warfare? • What role does the technological backdrop of modern warfare play in understanding and realizing just war theories? Over the course of three key sections, the contributors examine these challenges to the just war tradition in a way that invigorates existing discussions and generates new debate on topical and prospective issues in just war theory. This book will be of great interest to students of just war theory, war and ethics, peace and conflict studies, philosophy and security studies.