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Author: James Upcher
Publisher: Oxford University Press
ISBN: 0191060283
Category : Law
Languages : en
Pages : 273
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Book Description
The law of neutrality - the corpus of legal rules regulating the relationship between belligerents and States taking no part in hostilities - assumed its modern form in a world in which the waging of war was unconstrained. The neutral State enjoyed territorial inviolability to the extent that it adhered to the obligations attaching to its neutral status and thus the law of neutrality provided spatial parameters for the conduct of hostilities. Yet the basis on which the law of neutrality developed - the extra-legal character of war - no longer exists. Does the law of neutrality continue to survive in the modern era? If so, how has it been modified by the profound changes in the law on the use of force and the law of armed conflict? This book argues that neutrality endures as a key concept of the law of armed conflict. The interaction between belligerent and nonbelligerent States continues to require legal regulation, as demonstrated by a number of recent conflicts, including the Iraq War of 2003 and the Mavi Marmara incident of 2010. By detailing the rights and duties of neutral states and demonstrating how the rules of neutrality continue to apply in modern day conflicts, this restatement of law of neutrality will be a useful guide to legal academics working on the law of armed conflict, the law on the use of force, and the history of international law, as well as for government and military lawyers seeking comprehensive guidance in this difficult area of the law.
Author: James Upcher
Publisher: Oxford University Press
ISBN: 0191060283
Category : Law
Languages : en
Pages : 273
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Book Description
The law of neutrality - the corpus of legal rules regulating the relationship between belligerents and States taking no part in hostilities - assumed its modern form in a world in which the waging of war was unconstrained. The neutral State enjoyed territorial inviolability to the extent that it adhered to the obligations attaching to its neutral status and thus the law of neutrality provided spatial parameters for the conduct of hostilities. Yet the basis on which the law of neutrality developed - the extra-legal character of war - no longer exists. Does the law of neutrality continue to survive in the modern era? If so, how has it been modified by the profound changes in the law on the use of force and the law of armed conflict? This book argues that neutrality endures as a key concept of the law of armed conflict. The interaction between belligerent and nonbelligerent States continues to require legal regulation, as demonstrated by a number of recent conflicts, including the Iraq War of 2003 and the Mavi Marmara incident of 2010. By detailing the rights and duties of neutral states and demonstrating how the rules of neutrality continue to apply in modern day conflicts, this restatement of law of neutrality will be a useful guide to legal academics working on the law of armed conflict, the law on the use of force, and the history of international law, as well as for government and military lawyers seeking comprehensive guidance in this difficult area of the law.
Author: United Nations
Publisher: Martinus Nijhoff Publishers
ISBN: 9004636749
Category : Law
Languages : en
Pages : 1108
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Book Description
Issued annually since 1946/47, the Yearbook is the principal reference work of the United Nations, providing a comprehensive, one-volume account of the Organization's work. It includes details of United Nations activities concerning trade, industrial development, natural resources, food, science and technology, social development, population, environment, human settlement, children and legal questions, along with information on the work of each specialized agency in the United Nations family.
Author: Lindsay Moir
Publisher: Bloomsbury Publishing
ISBN: 1847315577
Category : Law
Languages : en
Pages : 194
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Book Description
A number of commentators assert that the military response to the terrorist atrocities of 11 September 2001 - encompassing attacks on Afghanistan and Iraq, and commonly referred to as the 'war on terror' - has significantly impacted upon the international law regulating resort to armed force by states (jus ad bellum), loosening the constraints on self-defence. Some even suggest that the very future of the United Nations, in particular the Security Council and its collective security system, is at risk - at least in its current form. This book does not address the question of the future of the United Nations, an issue probably best left to scholars of international relations. Instead, it seeks to place the 'war on terror' within the context of international law, assessing how, or whether, it can be accommodated within the existing legal framework limiting the use of force. Through an examination of the lawfulness (or otherwise) of both Operation Enduring Freedom and Operation Iraqi Freedom, including the legal justifications advanced by those states involved and the reaction of the international community, and involving a detailed discussion of the most important developments (ie, the permissibility of self-defence against non-state, terrorist, actors and the 'Bush doctrine' of pre-emptive self-defence against terrorists as proclaimed in the 2002 US National Security Strategy) the book determines whether, and to what extent, the right to use force - or the acceptability of such military action - is currently undergoing a radical transformation. By assessing subsequent developments illustrating the impact that military action against Afghanistan and Iraq has had on the jus ad bellum, this book represents a distinctive and original contribution to the academic literature.
Author: G. Simons
Publisher: Springer
ISBN: 0333983726
Category : Political Science
Languages : en
Pages : 259
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Book Description
The book considers the ethical credentials of the United States in branding various countries 'pariah states', and describes the background to the Iraq Question (the role of Saddam, the genocidal sanctions regime, etc.). A detailed chronology of 1997-98 US/Iraq weapons-inspections crisis is given, prior to a profile of the subsequent UN/Iraqi settlement and its aftermath.
Author: Tom Ruys
Publisher: Oxford University Press
ISBN: 019108719X
Category : Law
Languages : en
Pages : 1274
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Book Description
The international law on the use of force is one of the oldest branches of international law. It is an area twinned with the emergence of international law as a concept in itself, and which sees law and politics collide. The number of armed conflicts is equal only to the number of methodological approaches used to describe them. Many violent encounters are well known. The Kosovo Crisis in 1999 and the US-led invasion of Iraq in 2003 spring easily to the minds of most scholars and academics, and gain extensive coverage in this text. Other conflicts, including the Belgian operation in Stanleyville, and the Ethiopian Intervention in Somalia, are often overlooked to our peril. Ruys and Corten's expert-written text compares over sixty different instances of the use of cross border force since the adoption of the UN Charter in 1945, from all out warfare to hostile encounters between individual units, targeted killings, and hostage rescue operations, to ask a complex question. How much authority does the power of precedent really have in the law of the use of force?
Author: Kimberley N. Trapp
Publisher: Oxford University Press
ISBN: 0199592993
Category : Law
Languages : en
Pages : 316
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Book Description
Readership: Academics and students studying the law of state responsibility and the legal regime applicable to international terrorism; Government, UN and international/regional organization legal advisers.
Author: Sabine Hassler
Publisher: Routledge
ISBN: 0415505909
Category : Law
Languages : en
Pages : 346
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Book Description
This book places the discussion on reform of the Security Council membership in the context of its primary responsibility at the helm of the UN collective security system.
Author: United Nations. Department of General Assembly Affairs and Conference Services
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 80
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Book Description
Author: Boris Kondoch
Publisher: Routledge
ISBN: 1351926624
Category : Political Science
Languages : en
Pages : 402
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Book Description
Peacekeeping has been the technique most frequently used by, and associated with, the United Nations to end conflicts and to preserve peace. In addition, international and regional organizations have also performed peacekeeping functions. Since the establishment of the first UN peacekeeping mission, UNEF I, in 1956, international lawyers have raised questions about the legal aspects of these operations. Traditionally, they analyzed the constitutional basis for peacekeeping and tried to allocate the authority under the UN Charter for peacekeeping among the Security Council, the General Assembly and the Secretary General. They discussed the use of force by peacekeepers, the applicability of international humanitarian law, as well as the responsibilities and liabilities of peacekeepers. Since the end of the cold war, peacekeeping operations have become more complex. In the first forty years, peacekeepers functioned mainly as buffer zones between warring parties and monitored cease-fires. Nowadays, they are increasingly engaged in internal rather than international conflicts and perform a multitude of tasks. Among others, they act as civilian administrators, oversee elections and monitor human rights. These changes have raised new legal problems. Which human rights obligations exist for peacekeepers? Do peacekeepers have to intervene if they witness war crimes and acts of genocide? How are they protected under international law? What is the legal framework of UN administrations like in Kosovo and East Timor? In order to enhance a better understanding of these legal issues arising from peacekeeping operations, a collection of articles written by the leading experts in the field have been compiled in the volume, International Peacekeeping.
Author: United Nations. Commission on Human Rights
Publisher:
ISBN:
Category : Human rights
Languages : en
Pages : 416
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Book Description
