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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: 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: 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 States. Congress. House. Committee on Foreign Affairs
Publisher:
ISBN:
Category : Chile
Languages : en
Pages : 308
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Book Description
Author: Niko Pavlopoulos
Publisher: Oxford University Press
ISBN: 0198882947
Category : Law
Languages : en
Pages : 291
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Book Description
The Identity of Governments in International Law provides a comprehensive account of the international legal regulation of governmental status. It examines the fundamental conceptual aspects of the government of a state in international law, before analysing the law concerning the recognition of governments and the criteria for governmental status under customary international law. It also explores matters concerning the identity of governments in the context of international organizations. Presenting the positive international legal framework concerning the regulation of governmental status, the book engages extensively with historical and contemporary examples, such as the rival governments of Cambodia (1970-75; 1979-89, 1997-98); the recognition of the Taliban (1996-2001; and again beginning in 2021); and the contested identity of Venezuela's president (beginning in 2019). Given the pre-eminence of states in international law and the importance of governments to the representation of states, the systematic examination of practice grounded in solid conceptual foundations renders this book a useful reference point for scholars and practitioners in all fields of international law and beyond.
Author: Cleophas Johannes Tsokodayi
Publisher: Xlibris Corporation
ISBN: 1456852922
Category : Political Science
Languages : en
Pages : 301
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Book Description
Author: Kimberley N. Trapp
Publisher: OUP Oxford
ISBN: 0191621668
Category : Law
Languages : en
Pages : 320
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Book Description
The rules of state responsibility have an important but under-utilized role to play in the terrorism context. They determine both whether a breach of primary obligations has occurred, through the rules of attribution, and the consequences which flow from that breach, including the possible adoption of responsive measures by injured states. This book explores the substantive international legal obligations and rules of state responsibility applicable to international terrorism and examines the problems and prospects for effectively holding states responsible for internationally wrongful acts related to terrorism. In particular, it analyses the way in which the implementation of state responsibility for international terrorism may be affected by the self-determination debate, any applicable lex specialis (including the jus in bello), and sub-systems of international law (such as the WTO-), as well as the interaction between determinations of individual criminal responsibility and the implementation of state responsibility. The international community has responded to the threat of international terrorism both through a security/jus ad bellum paradigm and by creating an international criminal law framework to address the conduct of non-state terrorist actors. The secondary rules of state responsibility analysed in this book cut across both approaches as they apply, whether states breaching their primary obligations relating to terrorism through participation in or a failure to prevent or punish terrorism. While this book identifies a number of problems in implementing state responsibility for international terrorism, it also highlights the prospects for the rules of state responsibility to make a crucial contribution to maintaining respect for obligations which lie at the very foundations of the contemporary international legal order, and to restoring the relationships between states if those obligations are breached.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 876
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Author: Jeffrey Bachman
Publisher: Routledge
ISBN: 135169216X
Category : Political Science
Languages : en
Pages : 339
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Book Description
There exists a dominant narrative that essentially defines the US’ relationship with genocide through what the US has failed to do to stop or prevent genocide, rather than through how its actions have contributed to the commission of genocide. This narrative acts to conceal the true nature of the US’ relationship with many of the governments that have committed genocide since the Holocaust, as well as the US’ own actions. In response, this book challenges the dominant narrative through a comprehensive analysis of the US’ relationship with genocide. The analysis is situated within the broader genocide studies literature, while emphasizing the role of state responsibility for the commission of genocide and the crime’s ancillary acts. The book addresses how a culture of impunity contributes to the resiliency of the dominant narrative in the face of considerable evidence that challenges it. Bachman’s narrative presents a far darker relationship between the US and genocide, one that has developed from the start of the Genocide Convention’s negotiations and has extended all the way to present day, as can be seen in the relationships the US maintains with potentially genocidal regimes, from Saudi Arabia to Myanmar. This book will be of interest to scholars, postgraduates, and students of genocide studies, US foreign policy, and human rights. A secondary readership may be found in those who study international law and international relations.
Author: Nicholas A. Ioannides
Publisher: Routledge
ISBN: 1000166198
Category : Law
Languages : en
Pages : 157
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Book Description
This book delves into the major developments triggered by the hydrocarbon discoveries in the Eastern Mediterranean over the last twenty years, focusing on maritime boundary delimitation. Examining the impact that the hydrocarbon discoveries have had on the application of the law of the sea rules by the East Med states, the book looks at the new trends concerning the implementation of the law of the sea in the region. The book analyses regional state practice in terms of maritime delimitation, namely the conclusion of bilateral agreements based on the law of the sea rules, both conventional and customary, reflecting the East Med states’ willingness to cooperate in order to reap the benefits of the energy windfall. Alongside this analysis, an outline of the hydrocarbon discoveries and the pertinent maritime activities is given, as well as further coverage of the overlapping maritime claims and disputes between Greece, Cyprus and Turkey on one side, and Lebanon and Israel on the other. Moreover, the book examines the validity of maritime claims made by or through non-state entities in the region, namely the State of Palestine, the UK Sovereign Base Areas and the so-called ‘Turkish Republic of Northern Cyprus’ and their potential impact on the delimitation agreements already in place. The book argues that the East Med paradigm concerning the successful application of the pertinent norms in maritime delimitation proves that international law is resilient and capable of providing solutions in other turbulent regions around the globe. This book will be of interest and importance to academics and students of international law, professionals in the oil and shipping industries, legal professionals and government agencies.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 1164
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