Complicity in International Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Complicity in International Law PDF full book. Access full book title Complicity in International Law by Miles Jackson. Download full books in PDF and EPUB format.
Author: Miles Jackson
Publisher: OUP Oxford
ISBN: 0191056758
Category : Law
Languages : en
Pages : 368
Get Book Here
Book Description
This book examines how international law prohibits state and individual complicity. Complicity is a derivative form of responsibility that links an accomplice to the wrongdoing of a principal actor. Whenever a legal system prohibits complicity, it must address certain questions as to the content and structure of the rules. To understand how international law answers these questions, this book proposes an analytical framework in which complicity rules may be assessed and defends a normative claim as to how they should be structured. Anchored by this framework and normative claim, this book shows that international criminal law regulates individual complicity in a comprehensive way, using the doctrines of instigation and aiding and abetting to inculpate complicit participants in international crimes. By contrast, international law's regulation of state complicity was historically marked by an absence of complicity rules. This is changing. In respect of state complicity in the wrongdoing of another state, international law now imposes both specific and general complicity obligations, the latter prohibiting states from aiding or assisting another state in the commission of any internationally wrongful act. In respect of the ways that states participate in harms caused by non-state actors, the traditional normative structure of international law, which imposed obligations only on states, foreclosed the possibility of prohibiting the state's participation as a form of complicity. As that traditional normative structure has evolved, so the possibility of holding states responsible for complicity in the wrongdoing of non-state actors has emerged. More and more, both the wrongs that international actors commit, and the wrongs they help or encourage others to commit, matter.
Author: Miles Jackson
Publisher: OUP Oxford
ISBN: 0191056758
Category : Law
Languages : en
Pages : 368
Get Book Here
Book Description
This book examines how international law prohibits state and individual complicity. Complicity is a derivative form of responsibility that links an accomplice to the wrongdoing of a principal actor. Whenever a legal system prohibits complicity, it must address certain questions as to the content and structure of the rules. To understand how international law answers these questions, this book proposes an analytical framework in which complicity rules may be assessed and defends a normative claim as to how they should be structured. Anchored by this framework and normative claim, this book shows that international criminal law regulates individual complicity in a comprehensive way, using the doctrines of instigation and aiding and abetting to inculpate complicit participants in international crimes. By contrast, international law's regulation of state complicity was historically marked by an absence of complicity rules. This is changing. In respect of state complicity in the wrongdoing of another state, international law now imposes both specific and general complicity obligations, the latter prohibiting states from aiding or assisting another state in the commission of any internationally wrongful act. In respect of the ways that states participate in harms caused by non-state actors, the traditional normative structure of international law, which imposed obligations only on states, foreclosed the possibility of prohibiting the state's participation as a form of complicity. As that traditional normative structure has evolved, so the possibility of holding states responsible for complicity in the wrongdoing of non-state actors has emerged. More and more, both the wrongs that international actors commit, and the wrongs they help or encourage others to commit, matter.
Author: Chris O'Meara
Publisher: Oxford University Press
ISBN: 0192608568
Category : Law
Languages : en
Pages : 289
Get Book Here
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
Get Book Here
Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 1168
Get Book Here
Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 700
Get Book Here
Book Description
Author: Chiara Giorgetti
Publisher: Cambridge University Press
ISBN: 1107190118
Category : Law
Languages : en
Pages : 279
Get Book Here
Book Description
A collection of expert essays analyzing how American and European's views of international law are diverging as a reaction to globalization.
Author: Saeed Bagheri
Publisher: Bloomsbury Publishing
ISBN: 1509950532
Category : Law
Languages : en
Pages : 205
Get Book Here
Book Description
Armed non-state actors (ANSAs) often have economic aims that international law needs to respond to. This book looks at the aim of Islamic State to create an effective government, with an economically independent regime, which focused on key oilfields in Syria and Iraq. Having addressed Islamic State's quest for energy resources in Iraq and Syria, the book explores the lawfulness of the war with Islamic State from a variety of legal aspects. It has been attempted to make inroads into the most controversial aspects of contradictions in the application of jus ad bellum and jus in bello, particularly when discussing the use of extraterritorial armed force against ANSAs, and the obligation to protect civilian objects, including the natural environment. The question is whether the targeting of energy resources should be regarded as a violation of the laws of armed conflict, even though the war with Islamic State being classified as a non-international armed conflict. Ambitious in scope, the study argues that legal theory and state practice are still problematic as to how and under what conditions states can justify resorting to military force in foreign territory, and to what extent they can target natural resources as being part of state property. Furthermore, it goes on to examine the differences between international and non-international armed conflicts, to establish whether there is any difference in the targeting of energy resources as part of the war-sustaining capabilities of either party. Through an examination of the Islamic State case, the book offers a comprehensive study to close the gaps in jus in bello by contextualising the questions of civilian protection, victimisation and state responsibility by evaluating the US's war-sustaining theory as a justification for the destruction of a territorial state's natural resources that are occupied by ANSAs.
Author:
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041104359
Category : Law
Languages : en
Pages : 1056
Get Book Here
Book Description
On 16 November 1994, the 1992 U.N. Law of the Sea Convention took effect. Progress is now evident in the implementation of Chapter 17 of Agenda 21, as reviewed by the 1997 UNGA Special Session. These developments and the establishment of the International Seabed Authority (ISBA) and the International Tribunal for the Law of the Sea (ITLOS) make the continuation of the NILOS Documentary Yearbook, now in its 11th year, of particular significance in the years to come. The Yearbook compiles the documents related to ocean affairs and the law of the sea issued each year by organizations, organs, and bodies of the United Nations system. These include documents of the U.N. General Assembly, ECOSOC and its regional Commissions, the U.N. Secretary-General's Informal Consultations, PrepCom ISA/ITLOS, UNCED, UNEP and UNCTAD; followed by the documents of specialized agencies and other autonomous organizations of the U.N. system, including FAO, IAEA, ILO, IMO, UNESCO/IOC and WMO. The Yearbook reproduces in full documents issued in the course of the most recent year and lists other relevant documents. The NILOS Documentary Yearbook has proved of invaluable assistance in facilitating access by the community of scholars and practitioners in ocean affairs and the law of the sea to essential documentation.
Author: Clyde Eagleton
Publisher:
ISBN:
Category :
Languages : en
Pages : 784
Get Book Here
Book Description
Contains the proceedings of the 1st- Institute for Annual Review of United Nations Affairs, New York University, 1949-
Author: United Nations
Publisher: United Nations Publications
ISBN: 9789211336856
Category : Business & Economics
Languages : en
Pages : 0
Get Book Here
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.
