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Author: Thilo Marauhn
Publisher: BRILL
ISBN: 9004380590
Category : Law
Languages : en
Pages : 700
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Book Description
Professor Michael Bothe is one of the most prominent and influential scholars of international humanitarian law. His publications on legal restraints on the use of military force were not only important at the time of their publication. They continue to be relevant for the interpretation and further development of this highly important area of international law. This volume uniquely collects a wealth of writings that demonstrate that political ideals coupled with a sense of human responsibility can benefit from solid doctrinal underpinnings in international law. Michael Bothe's work brings together idealism, pragmatism and the law in a unique fashion that not only provides insights into important matters of every day politics but also serves as a stimulus for future contributions to the field. The volume thus provides guidance, food for thought and incentives for debate in the international legal community, among practitioners and academics alike. Michael’s doctrinal skills, combined with his contextualized assessment of the law, and his deep empathy for the needs of human beings in difficult situations, with a particular view to the victims of armed conflict, will provide a stimulus to scholars to address these issues in the future.
Author: Thilo Marauhn
Publisher: BRILL
ISBN: 9004380590
Category : Law
Languages : en
Pages : 700
Get Book Here
Book Description
Professor Michael Bothe is one of the most prominent and influential scholars of international humanitarian law. His publications on legal restraints on the use of military force were not only important at the time of their publication. They continue to be relevant for the interpretation and further development of this highly important area of international law. This volume uniquely collects a wealth of writings that demonstrate that political ideals coupled with a sense of human responsibility can benefit from solid doctrinal underpinnings in international law. Michael Bothe's work brings together idealism, pragmatism and the law in a unique fashion that not only provides insights into important matters of every day politics but also serves as a stimulus for future contributions to the field. The volume thus provides guidance, food for thought and incentives for debate in the international legal community, among practitioners and academics alike. Michael’s doctrinal skills, combined with his contextualized assessment of the law, and his deep empathy for the needs of human beings in difficult situations, with a particular view to the victims of armed conflict, will provide a stimulus to scholars to address these issues in the future.
Author: Lori Fisler Damrosch
Publisher: Routledge
ISBN: 0429719396
Category : Political Science
Languages : en
Pages : 287
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Book Description
Momentous events of recent years have shown the tremendous potential for developing and applying international law, even in the area that has always presented the greatest challenge to the rule of law—the use of force. The collaborative response by the United States, the Soviet Union, and other major powers to the Iraqi army's invasion and occupation of Kuwait showed unprecedented unity on the relevance of international law, its rules, and its enforceability through decisions of the UN Security Council. What explains this historic convergence of views? What differences remain about the legality of using armed force in the new international order that is emerging with the end of the Cold War? Law and Force in the New International Order offers a timely and comprehensive inquiry into the growing number of situations where the temptation or necessity to use military force confronts the tenets of international law. Distinguished American and Soviet legal scholars and practitioners explore the idea of the primacy of law over politics, the notion held by some that U.S. military force may be applied for the sake of democracy at a time when Moscow has rejected the Brezhnev Doctrine, the tension between collective security and collective self-defense during the Iraq-Kuwait crisis, and the prospects for the use of force being authorized by the United Nations and regional organizations. The contributors also examine the vexing legal issues raised by interventions to protect human rights, to overthrow "illegitimate" regimes, and to combat international terrorism and drug trafficking; the restraints on the use of force promised by new arms control agreements; and the future role of the World Court and other tribunals in preventing or settling disputes involving the threat or use of force.
Author: Marco Longobardo
Publisher: Cambridge University Press
ISBN: 1108473415
Category : History
Languages : en
Pages : 351
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Book Description
Explores the use of armed force in occupied territory under different international law branches.
Author: A Cassese
Publisher: Martinus Nijhoff Publishers
ISBN: 9004633049
Category : Law
Languages : en
Pages : 550
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Book Description
Author: Camilla Guldahl Cooper
Publisher: BRILL
ISBN: 9004401687
Category : Law
Languages : en
Pages : 498
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Book Description
In NATO Rules of Engagement, Camilla Guldahl Cooper offers clarity on a topic prone to confusion and misunderstanding. NATO rules of engagement (ROE) are of considerable political, strategic and operational importance, yet many of its concepts lack clarity. The resulting ambiguity may be detrimental for people involved and for mission accomplishment. Through a thorough analysis of the concept, purpose, development and use of NATO ROE, Cooper contributes to improved understanding and implementation of NATO ROE. The book covers all use of force categories and relevant law relating to the use of force during armed conflicts, including the complex concepts of hostile act and hostile intent, direct participation in hostilities, and the increasing reliance on self-defence during armed conflict.
Author: Gregory Rose
Publisher: BRILL
ISBN: 9004310649
Category : Law
Languages : en
Pages : 451
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Book Description
Detention of Non-State Actors engaged in Hostilities: The Future Law explores legal dilemmas facing detention management during military missions overseas. Armed forces increasingly find themselves facing non-international armed conflict with non-state actors, such as insurgents, terrorists or other civilians, whom they might be permitted to kill or capture in some circumstances. The book considers the legal powers of military forces to apprehend non-State actors and to hold them in ongoing detention or to transfer them to judicial authorities for prosecution. It deals with both theoretical approaches and practical case studies concerning management and treatment of detainees. It concludes by synthesizing the options and delivering a detailed set of guidelines that are proposed as emerging norms for the detention of non-state actors in an armed conflict.
Author: Howard M. Hensel
Publisher: Routledge
ISBN: 1317025873
Category : Political Science
Languages : en
Pages : 309
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Book Description
Throughout human history, scholars, statesmen and military leaders have attempted to define what constitutes the legitimate use of armed force by one community against another. Moreover, if force is to be used, what normative guidelines should govern the conduct of warfare? Based upon the assumption that armed conflict is a human enterprise and therefore subject to human limitations, the Western 'just war tradition' represents an attempt to provide these guidelines. Following on from the success of Hensel's earlier publication, The Law of Armed Conflict, this volume brings together an internationally recognized team of scholars to explore the philosophical and societal foundations of just war tradition. It relates the principles of jus ad bellum to contemporary issues confronting the global community and explores the relationship between the principles of jus in bello and the various principles embodied in the customary law of armed conflict. Applying an interdisciplinary approach to analyzing and assessing the links between just war and the norms of behaviour, the book provides a valuable contribution to international law, international relations and national security studies.
Author: Ola Engdahl
Publisher: BRILL
ISBN: 9004170162
Category : Law
Languages : en
Pages : 341
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Book Description
The authors of this volume have been inspired by the scholar to which this "Liber Amicorum" is dedicated - Professor Ove Bring - to look into both the past and the future of international law. Like Ove Bring, they have dealt with many aspects of the law governing the use of force, from arms control to human rights, international criminal law, the UN Charter, and, of course, international humanitarian law. Like Professor Bring, they have allowed themselves to draw trajectories from history and into the future, and have shunned away from neither the controversial nor the speculative, be it on the Middle East, the invasion of Iraq or the independence of Kosovo. This collection brings together insights from a former UN Legal Counsel, a former Executive Chairman of UNMOVIC, present and former judges of the European Court of Justice, the International Criminal Tribunal for the former Yugoslavia and the International Tribunal for the Law of the Sea, one present and one former member of the International Law Commission, as well as law professors and practitioners, from all Nordic countries, Germany and Australia. Together they form a highly challenging mosaic of perspectives on topical issues like cluster munitions, targeting, human rights in peace operations and the purposes of sentencing in international tribunals. The volume also contains a bibliography and a presentation of Professor Bring's work.
Author: Gina Heathcote
Publisher: Routledge
ISBN: 1136628002
Category : Law
Languages : en
Pages : 308
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Book Description
The book presents the international laws on the use of force whilst demonstrating the unique insight a feminist analysis offers this central area of international law. The book highlights key conceptual barriers to the enhanced application of the law of the use of force, and develops international feminist method through rigorous engagement with the key writers in the field The book looks at the key aspects of the UN Charter relevant to the use of force – Article 2(4), Article 51 and Chapter VII powers – as well as engaging with contemporary debates on the possibility of justified force to meet self-determination or humanitarian goals. The text also discusses the arguments in favour of the use of pre-emptive force and reflects on the role feminist legal theories can play in exposing the inconsistencies of contemporary arguments for justified force under the banner of the war on terror. Throughout the text state practice and institutional documentation are analysed, alongside key instances of the use of force. The book makes a genuine, urgently needed contribution to a central area of international law, demonstrating the capacity of feminist legal theories to enlarge our understanding of key international legal dilemmas.
Author: Richard A. Falk
Publisher: Princeton University Press
ISBN: 069119856X
Category : Political Science
Languages : en
Pages : 628
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Book Description
Professor Myres S. McDougal of the Yale Law School calls this examination of the relation of law and violence in contemporary international society "...a profound, perceptive, and eloquent contribution to the most important problem of our time." Professor Falk places great emphasis on two distinctive challenges to world order--nuclear weapons and civil strife. While developing the implication that even the most powerful states are vulnerable to destruction trhough nuclear attack, he also points out that there is no very firm hope that military power cna be managed so as to reduce the predominance of the sovereign state in world politics. Richard A. Falk is Milbank Professor of International Law and Practice, Princeton University. Published for the Center of International Studies, Princeton University. Originally published in 1968. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
