Enforcing International Law

Enforcing International Law PDF Author: Benjamin B. Ferencz
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 456

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Book Description


On the Law of Peace

On the Law of Peace PDF Author: Christine Bell
Publisher: Oxford University Press
ISBN: 0199226830
Category : Law
Languages : en
Pages : 410

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Book Description
This book provides a comprehensive analysis of the use of peace agreements from a legal perspective. The book describes and evaluates the development of contemporary peace agreement practice, and the documents which emerge. It sets out what is in essence an anatomy of peace agreement practice, and locates this practice with reference to the role of law. The last fifteen years have seen a proliferation of peace agreements. These peace agreements have been produced as a result of complex peace processes involving multi-party negotiations between the main protagonists of conflict, often with the involvement of international actors. They document attempts to end conflict, and this book argues that they play an underestimated role in a political process that centrally revolves around law. Understanding peace agreements is important to understanding contemporary peace processes. Law plays two key roles with respect to peace agreements: first, to the extent that peace agreements themselves form legal documents, law plays a role in the 'enforcement' or implementation of the peace agreement; second, international law has a relationship to peace agreement negotiation and content, in an enabling or regulatory capacity. The aim of the book is to evaluate the role which law plays both in enforcing peace agreements and through a normative framework which constrains the ways in which they operate. This evaluation reveals a deeper link between the legal status of peace agreements and their normative regulation as mutually shaping, in what is argued to be a developing lex pacificatoria - or law of the peace makers. This lex pacificatoria stands as an account of the way in which international law shapes and is shaped by peace agreements, in ways which impact on contemporary debates about the force of international law.

World Peace Through Law

World Peace Through Law PDF Author: James Taylor Ranney
Publisher: Routledge
ISBN: 1351348744
Category : Political Science
Languages : en
Pages : 207

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Book Description
This book deals with the history and future of the concept of ‘world peace through law’ (WPTL), which advocates replacing the use of international force with the global rule of law. WPTL calls for replacing war with the global rule of law by arms reductions, including the abolition of nuclear weapons, global alternative dispute resolution mechanisms, and various enforcement mechanisms. This book sets forth a three-part proposal: 1) arms reductions – primarily the abolition of nuclear weapons, with necessarily concomitant reductions in conventional forces; 2) a four-stage system of global alternative dispute resolution (ADR), utilizing both law and equity; 3) adequate enforcement mechanisms, including a UN Peace Force. The core of this proposal is alternative dispute resolution mechanisms—international ADR. International ADR would consist of a four-stage process of compulsory negotiation, compulsory mediation, compulsory arbitration., and compulsory adjudication by the World Court. The fundamental proposition of this book is that the use of alternatives to war, global ADR, is the ultimate solution to the problem of peace. The full implementation of WPTL will entail a vast array of progressive initiatives on many fronts, including abolition of nuclear weapons, with the global rule of law being the capstone to all of these developments. This book will be of great interest to students of peace studies, arms control, international law, and world politics.

Necessity and Proportionality in International Peace and Security Law

Necessity and Proportionality in International Peace and Security Law PDF Author: Claus Kreß
Publisher: Oxford University Press
ISBN: 0197537391
Category : Law
Languages : en
Pages : 488

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Book Description
Necessity and proportionality hold a firm place in the international law governing the use of force by states, as well as in the law of armed conflict. However, the precise contours of these two requirements are uncertain and controversial. The aim of Necessity and Proportionality in International Peace and Security Law is to explore how necessity and proportionality manifest themselves in the modern world under the law governing the use of force and the law of armed conflict, and how they relate to each other. The book explores the ways in which necessity and proportionality are applied in practice and addresses pressing legal issues in the law on the use of force, including the controversial "unwilling and unable" test for the use of force in self-defense, drones and targeted killing, the application of this legal regime during civil war, and the need for further transparency in states' justification for the use of force in self-defense. The analysis of the role of military necessity within the law of armed conflict on the modern battlefield focuses on the history and nature of the principle of military necessity, the proper application of the principle of proportionality, how commanders should account for mental harm in calculating proportionality, and the role artificial intelligence and autonomous weapons systems may play in proportionality analysis. The book concludes with a discussion of the potential role of proportionality in the law governing post-conflict contexts.

The Law of War and Peace

The Law of War and Peace PDF Author: Gina Heathcote
Publisher: Bloomsbury Publishing
ISBN: 1786996715
Category : Social Science
Languages : en
Pages : 281

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Book Description
The Law of War and Peace offers a cutting-edge analysis of the relationship between law, armed conflict, gender and peace. This book, which is the first of two volumes, focuses on the interplay between international law and gendered experiences of armed conflict. It provides an in-depth analysis of the key debates on collective security, unilateral force, the laws governing conflict, terrorism and international criminal law. While much of the current scholarship has centered on the UN Security Council's Resolutions on Women, Peace and Security, this two-volume work seeks to move understandings beyond the framework established by WPS. It does this through providing a critical and intersectional approach to gender and conflict which is mindful of transnational feminist and queer perspectives.

Just War Or Just Peace?

Just War Or Just Peace? PDF Author: Simon Chesterman
Publisher:
ISBN: 9780199257997
Category : Law
Languages : en
Pages : 332

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Book Description
This book asks whether states have the right to intervene in foreign civil conflicts for humanitarian reasons. The UN Charter prohibits state aggression, but many argue that such a right exists as an exception to this rule. Offering a thorough analysis of this issue, the book puts NATO's action in Kosovo in its proper legal perspective.

International Law and Peace Settlements

International Law and Peace Settlements PDF Author: Marc Weller
Publisher: Cambridge University Press
ISBN: 9781108498043
Category : Law
Languages : en
Pages : 1120

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The Use of Force in International Law

The Use of Force in International Law PDF Author: Tom Ruys
Publisher: Oxford University Press
ISBN: 019878435X
Category : Law
Languages : en
Pages : 961

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Book Description
Since the adoption of the UN Charter in 1945, the use of cross-border force has been frequent. This volume invites a range of experts to examine over sixty conflicts, from military interventions to targeted killings and hostage rescue operations, and to ask how powerful precedent can be in determining hostile encounters in international law.

Preventing War and Promoting Peace

Preventing War and Promoting Peace PDF Author: William H. Wiist
Publisher: Cambridge University Press
ISBN: 1107146682
Category : Medical
Languages : en
Pages : 369

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Book Description
Preventing War and Promoting Peace focuses on how health professionals can actively engage in the prevention of war and the promotion of peace.

The Rights of War and Peace

The Rights of War and Peace PDF Author: Hugo Grotius
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 374

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Book Description