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Author: Erika De Wet
Publisher: Oxford University Press
ISBN: 0191087238
Category : Law
Languages : en
Pages : 206
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Book Description
In countries such as Syria, Iraq, South Sudan, and Yemen, internationally recognized governments embroiled in protracted armed conflicts, and with very little control over their territory, have requested direct military assistance from other states. These requests are often accepted by the other states, despite the circumvention of the United Nations Security Council and extensive violation of international humanitarian law and human rights. In this book, Erika De Wet examines the authority entitled to extend a request for (or consent to) direct military assistance, as well as the type of situations during which such assistance may be requested, notably whether it may be requested during a civil war. Ultimately, De Wet addresses the question of if and to what extent the proliferation of military assistance on the request of a recognized government is changing the rules in international law applying to the use of force.
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: Courtney J. Fung
Publisher: Oxford University Press
ISBN: 0192580450
Category : Political Science
Languages : en
Pages : 302
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Book Description
What explains China's response to intervention at the UN Security Council? China and Intervention at the UN Security Council argues that status is an overlooked determinant in understanding its decisions, even in the apex cases that are shadowed by a public discourse calling for foreign-imposed regime change in Sudan, Libya, and Syria. It posits that China reconciles its status dilemma as it weighs decisions to intervene: seeking recognition from both its intervention peer groups of great powers and developing states. Understanding the impact and scope conditions of status answers why China has taken certain positions regarding intervention and how these positions were justified. Foreign policy behavior that complies with status, and related social factors like self-image and identity, means that China can select policy options bearing material costs. China and Intervention at the UN Security Council offers a rich study of Chinese foreign policy, going beyond works available in breadth and in depth. It draws on an extensive collection of data, including over two hundred interviews with UN officials and Chinese foreign policy elites, participant observation at UN Headquarters, and a dataset of Chinese-language analysis regarding foreign-imposed regime change and intervention. The book concludes with new perspectives on the malleability of China's core interests, insights about the application of status for cooperation and the implications of the status dilemma for rising powers.
Author: Chris O'Meara
Publisher: Oxford University Press
ISBN: 0192608568
Category : Law
Languages : en
Pages : 289
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Book Description
States invariably justify using force extraterritorially by reference to their right of self-defence. In doing so, they accept that the exercise of this right is conditioned by the customary international law requirements of necessity and proportionality. However, these requirements are notorious for being normatively indeterminate and operationally complex. As a breach of either requirement renders ostensibly defensive action unlawful, increased determinacy regarding their scope and substance is crucial to how international law constrains military force. This book examines the conceptual meaning, content, and practical application of necessity and proportionality as they relate to the right of self-defence following the adoption of the UN Charter in 1945. It provides a coherent and up-to-date description of the applicable contemporary international law and proposes an analytical framework to guide its operation and appraisal. This book argues that necessity and proportionality are conceptually distinct and must be applied in the foregoing order to avoid an insufficient 'catch-all' description of legality or illegality. Necessity determines whether defensive force may be used to respond to an armed attack and where it must be directed. Proportionality governs how much total force is permissible and prohibits excessive responses. Both requirements are shown to apply on an ongoing basis throughout the duration of an armed conflict prompted by self-defence. Compliance with necessity and proportionality ensures that the purposes of self-defence are met, and nothing more, and that defensive force is not unduly disruptive to third party interests and to international peace and security.
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: Marc Weller
Publisher:
ISBN: 0199673047
Category : Law
Languages : en
Pages : 1377
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Book Description
This Oxford Handbook provides an authoritative and comprehensive analysis of one of the most controversial areas of international law. Over seventy contributors assess the current state of the international law prohibiting the use of force, assessing its development and analysing the many recent controversies that have arisen in this field.
Author: Dag Hammarskjöld Library
Publisher:
ISBN:
Category :
Languages : en
Pages : 598
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Book Description
Author: United Nations
Publisher: United Nations Publications
ISBN: 9789211336856
Category : Business & Economics
Languages : en
Pages : 0
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Book Description
This yearbook contains documentary texts of treaties and other materials concerning the legal status and activities of the United Nations and related inter-governmental organizations. It also presents the judicial decisions on questions related to the Organization. A bibliography on jurisprudence is included.
Author: Dianne Otto
Publisher: Taylor & Francis
ISBN: 135197114X
Category : Law
Languages : en
Pages : 305
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Book Description
Beyond the push in the human rights field to ensure respect for the rights of people with diverse sexual orientations and gender identities, queer legal theory provides a means to examine the structural assumptions and conceptual architecture that underpin the normative framework and operation of international law, highlighting bias and blind spots and offering fresh perspectives and practical innovations.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 780
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Book Description
Author: United Nations
Publisher:
ISBN:
Category : International agencies
Languages : en
Pages : 1656
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Book Description
Issue for 1946-47 includes a summary of the organization's activities from its inception to July 1, 1947.
