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Author: George Wharton Pepper
Publisher:
ISBN:
Category : Conflict of judicial decisions
Languages : en
Pages : 148
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Book Description
Author: George Wharton Pepper
Publisher:
ISBN:
Category : Conflict of judicial decisions
Languages : en
Pages : 148
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Book Description
Author: Jens David Ohlin
Publisher: Oxford University Press
ISBN: 0190622954
Category : Law
Languages : en
Pages : 297
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Book Description
Necessity is a notoriously dangerous and slippery concept-dangerous because it contemplates virtually unrestrained killing in warfare and slippery when used in conflicting ways in different areas of international law. Jens David Ohlin and Larry May untangle these confusing strands and perform a descriptive mapping of the ways that necessity operates in legal and philosophical arguments in jus ad bellum, jus in bello, human rights, and criminal law. Although the term "necessity" is ever-present in discussions regarding the law and ethics of killing, its meaning changes subtly depending on the context. It is sometimes an exception, at other times a constraint on government action, and most frequently a broad license in war that countenances the wholesale killing of enemy soldiers in battle. Is this legal status quo in war morally acceptable? Ohlin and May offer a normative and philosophical critique of international law's prevailing notion of jus in bello necessity and suggest ways that killing in warfare could be made more humane-not just against civilians but soldiers as well. Along the way, the authors apply their analysis to modern asymmetric conflicts with non-state actors and the military techniques most likely to be used against them. Presenting a rich tapestry of arguments from both contemporary and historical Just War theory, Necessity in International Law is the first full-length study of necessity as a legal and philosophical concept in international affairs.
Author: Vereinte Nationen International Law Commission
Publisher:
ISBN: 9789211337631
Category :
Languages : en
Pages : 428
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Book Description
Author: Mark Osiel
Publisher: Cambridge University Press
ISBN: 0521513510
Category : Law
Languages : en
Pages : 677
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Book Description
This book examines reciprocity between asymmetrical sides in war and conflict.
Author: William Michael Reisman
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 200
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Book Description
In a world where nations are increasingly interdependent and where their problems--whether environmental, economic, or military--have a global dimension, the resolution of international disputes has become critically important. In Systems of Control in International Adjudication and Arbitration, W. Michael Reisman, one of America's foremost scholars and practitioners of international law, examines the controls that govern arbitration--a method of alternative, private, and relatively unsupervised dispute resolution--and shows how these controls have broken down. Reisman considers three major forms of international arbitration: in the International Court; under the auspices of the World Bank; and under the New York Convention of 1958. He discusses the unique structures of control in each situation as well as the stresses they have sustained. Drawing on extensive research and his own experience as a participant in the resolution of some of the disputes discussed, Reisman analyzes recent key decisions, including: Australia and New Zealand's attempt to stop France's nuclear testing in Muroroa; AMCO vs. Republic of Indonesia, concerning the construction of a large tourist hotel in Asia; and numerous others. Reisman explores the implications of the breakdown of control systems and recommends methods of repair and reconstruction for each mode of arbitration. As a crucial perspective and an invaluable guide, this work will benefit both scholars and practitioners of international dispute resolution.
Author: Andreas Zimmermann
Publisher: Oxford University Press, USA
ISBN: 9780199261772
Category : Law
Languages : en
Pages : 1577
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Book Description
The International Court of Justice is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This first ever comprehensive Commentary on the Statute of the InternationalCourt of Justice, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure.The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past and will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in theirday-to-day work.In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes three scene-setting chapters: Historical Introduction, General Principles of Procedural Law, and Discontinuation and Withdrawal.The combination of expert editors and commentators and the central importance of the work of the ICJ will make this a landmark publication in the field of international law.
Author: W. M. Reisman
Publisher:
ISBN:
Category :
Languages : en
Pages : 448
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Book Description
