The Legal Position of War: Changes in its Practice and Theory from Plato to Vattel

The Legal Position of War: Changes in its Practice and Theory from Plato to Vattel PDF Author: William Ballis
Publisher: Springer
ISBN: 9401759480
Category : Law
Languages : en
Pages : 197

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The Legal Position of War: Changes in its Practice and Theory from Plato to Vattel

The Legal Position of War: Changes in its Practice and Theory from Plato to Vattel PDF Author: William Ballis
Publisher: Springer
ISBN: 9401759480
Category : Law
Languages : en
Pages : 197

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Book Description


The Legal Position of War

The Legal Position of War PDF Author: William Ballis
Publisher:
ISBN: 9789401759496
Category :
Languages : en
Pages : 204

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Principles of Islamic International Criminal Law

Principles of Islamic International Criminal Law PDF Author: Farhad Malekian
Publisher: BRILL
ISBN: 9004203966
Category : Law
Languages : en
Pages : 477

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Book Description
The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.

The Roots of International Law / Les fondements du droit international

The Roots of International Law / Les fondements du droit international PDF Author:
Publisher: Martinus Nijhoff Publishers
ISBN: 9004261656
Category : Law
Languages : en
Pages : 778

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Book Description
This collection of essays gathers contributions from leading international lawyers from different countries, generations and angles with the aim of highlighting the multifaceted history of international law. This volume questions and analyses the origins and foundations of the international legal system. A particular attention is devoted to Hugo Grotius as one of the founding fathers of the law of nations. Several contributions further question the positivist tradition initiated by Vattel and endorsed by scholars of the 19th Century. This immersion in the intellectual origins of international law is enriched by an inquiry into the practice of the law of nations, including its main patterns and changing evolution as well as the role of non-western traditions and the impact of colonization. Le présent ouvrage réunit les contributions de juristes internationaux reconnus en vue d’éclairer les multiples facettes de l’histoire du droit international public. L’ouvrage analyse et questionne les origines et les fondements de l’ordre juridique international. Une attention toute particulière est dédiée à Hugo Grotius l’un des pères fondateurs du droit international. D’autres contributions questionnent également la tradition positiviste initiée par Vattel et confortée par la doctrine du 19ème siècle. Cette immersion dans les origines doctrinales du système juridique international est enrichie par l’étude de la pratique du droit international public, son évolution ainsi que le rôle des traditions non-occidentales et l’impact de la colonisation.

Modern Just War Theory

Modern Just War Theory PDF Author: Michael P. Farrell
Publisher: Scarecrow Press
ISBN: 0810883457
Category : Religion
Languages : en
Pages : 423

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Book Description
Contributions to Illuminations: A Scarecrow Press Series of Guides to Research in Religion provide students and scholars, lay readers and clergy, with a road map to research in key areas of religious study. All commonly constructed with introductions to the topic and reviews of key thinkers, concepts, and events, each volume includes surveys of the primary and secondary sources, with critical evaluations of their places in the canon of thought and research on the topic. Focusing primarily on the knowledge required by today’s students and scholars, each guide is a must-have for any student of religion. The twentieth century saw an explosion of wars and an accompanying explosion of literature on the morality of war. Thinking among Christian clerics and scholars on the idea of “just war” shifted with developments on the battlefield. Alternatives to just war theory, such as pacifism and realism, found new proponents in the published work of the neo-Anabaptists and Niebhurians. Meanwhile, proponents of Christian just war theory had to address challenges from competing ideologies as well as ththose presented by the changing nature of warfare. Modern Just War Theory: A Guide to Research, by scholar and librarian Michael Farrell, serves as a manual for students and scholars studying Christian just war theory, helping them navigate the wealth of just war literature produced in the twentieth and twenty-first centuries. Farrell’s guide provides an introduction to the major developments of just war theory in the twentieth century, including sections on how to research just war theory, an overview of some of the most important theorists and developments of the twentieth century, and discussions of key search terms and related topics. Farrell then surveys and evaluates key primary and secondary sources for researchers on just war theory, as well as related sources on Christian realism and the responses of just war theorists to proponents of pacifism and secular just war theories. Modern Just War Theory will appeal to students and scholars of theology, military history, international law, and Christian ethics

War

War PDF Author: Andrew Clapham
Publisher: Oxford University Press
ISBN: 0192538446
Category : Law
Languages : en
Pages : 625

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Book Description
How relevant is the concept of war today? This book examines how notions about war continue to influence how we conceive rights and obligations in national and international law. It also considers the role international law plays in limiting what is forbidden and legitimated in times of war or armed conflict. The book highlights how, even though war has been outlawed and should be finished as an institution, states nevertheless continue to claim that they can wage necessary wars of self-defence, engage in lawful killings in war, imprison law-of-war detainees, and attack objects which are said to be part of a war-sustaining economy. The book includes an overall account of the contemporary laws of war and delves into whether states should be able to continue to claim so-called 'belligerent rights' over their enemies and those accused of breaching expectations of neutrality. A central claim in the book is as follows: while there is general agreement that war has been abolished as a legal institution for settling disputes, the time has come to admit that the belligerent rights that once accompanied states at war are no longer available. The conclusion is that claiming to be in a war or an armed conflict does not grant anyone a licence to kill people, destroy things, and acquire other people's property or territory.

The Development and Principles of International Humanitarian Law

The Development and Principles of International Humanitarian Law PDF Author: MichaelN. Schmitt
Publisher: Routledge
ISBN: 1351545086
Category : History
Languages : en
Pages : 587

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Book Description
The essays selected for the first part of this volume offer an insight into the development, as distinguished from the history, of international humanitarian law. The focus of the majority of the works reprinted here is on an analysis of the adequacy of the law as it stood at the time of the respective publication and in the light of existing contemporary armed conflicts and military operations. Thus, the reader is afforded an in-depth look at the early roots of international humanitarian law, the continuing relevance of that body of law despite advances in weapons technology and the efforts to progressively develop it. International humanitarian law's development cannot be considered in isolation from its principles. The essays selected for the second part of the volume deal with the two fundamental principles underlying all of international humanitarian law: humanity and military necessity. The articles on the principles of humanity include reflections on the famous Martens Clause, and the analyses of military necessity take no account of 'Kriegsraison'. Moreover, they offer proof of the customary character of the principle of distinction in land, air and naval warfare.

Terrorism and the US Drone Attacks in Pakistan

Terrorism and the US Drone Attacks in Pakistan PDF Author: Imdad Ullah
Publisher: Routledge
ISBN: 1000372359
Category : Social Science
Languages : en
Pages : 119

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Book Description
This book analyses the US drone attacks against terrorists in Pakistan to assess whether the ‘pre-emptive’ use of combat drones to kill terrorists is ever legally justified. Exploring the doctrinal discourse of pre-emption vis-à-vis the US drone attacks against terrorists in Pakistan, the book shows that the debate surrounding this discourse encapsulates crucial tensions between the permission and limits of the right of self-defence. Drawing from the long history of God-given and man-made laws of war, this book employs positivism as a legal frame to explore and explain the doctrine of pre-emption and analyses the doctrine of the state’s rights to self-defence as it stretches into pre-emptive or preventive use of force. The book investigates why the US chose the recourse to pre-emption through the use of combat drones in the ‘war on terror’ and whether there is a potential future for the pre-emption of terrorism through combat drones. The author argues that the policy to ‘kill first’ is easy to adopt however, any disregard for the web of legal requirements surrounding the policy has the potential to undercut the legal claims of an armed act. The book enables the framing and analysis of such controversies in legal terms as opposed to a choice between law and policy. An examination of the legal dilemma concerning drone warfare, this book will be of interest to academics in the field International Relations, Asian Politics, South Asian Studies and Security Studies, in particular global security law, new wars and emerging technologies of warfare.

The Laws of War in the Late Middle Ages

The Laws of War in the Late Middle Ages PDF Author: Maurice Keen
Publisher: Routledge
ISBN: 1317397592
Category : History
Languages : en
Pages : 306

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Book Description
Many of the combatants in the European wars of the late middle ages fought for their own gain, but they observed a code of regulations, part chivalrous and part commercial which they called the ‘law of arms’. This book, originally published in 1965, examines this soldiers’ code, to understand its rules and how they were enforced. How did a soldier sue for ransom money if his prisoner would not pay it, and before what court? How did he know whether what he took by force was lawful spoil? As the answers to these and other questions reveal, the workings of the law of arms gave practical point to the contemporary cult of chivalry. It also had an important influence on the early development of ideas of international law.

War and the Law of Nations

War and the Law of Nations PDF Author: Stephen C. Neff
Publisher: Cambridge University Press
ISBN: 1139445235
Category : Law
Languages : en
Pages : 457

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Book Description
This ambitious 2005 volume is a history of war, from the standpoint of international law, from the beginning of history to the present day. Its primary focus is on legal conceptions of war as such, rather than on the substantive or technical aspects of the law of war. It tells the story, in narrative form, of the interplay, through the centuries, between, on the one hand, legal ideas about war and, on the other hand, state practice in warfare. Its coverage includes reprisals, civil wars, UN enforcement and the war on terrorism. This book will interest historians, students of international relations and international lawyers.