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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.
Author: William H. Boothby
Publisher: Cambridge University Press
ISBN: 1108427588
Category : History
Languages : en
Pages : 481
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Book Description
A detailed and highly authoritative critical commentary appraising the vitally important United States Department of Defense Law of War Manual.
Author: Peter H. Maguire
Publisher: Columbia University Press
ISBN: 0231146477
Category : History
Languages : en
Pages : 362
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Book Description
"This is a revised edition of Law and war : an American story [published in 2000]."--T.p. verso.
Author: Stephen C. Neff
Publisher: Cambridge University Press
ISBN: 9780521662055
Category : History
Languages : en
Pages : 466
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Book Description
This 2005 volume is a history of war, from an international law perspective, from Roman times to the present.
Author: Michael Byers
Publisher: Open Road + Grove/Atlantic
ISBN: 155584846X
Category : Law
Languages : en
Pages : 224
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Book Description
“Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law.” —Chris Patten, Chancellor of Oxford University International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky
Author: Daniel R. Ernst
Publisher: Praeger
ISBN:
Category : History
Languages : en
Pages : 256
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Book Description
Now, more than ever, we need to avoid nostalgia in thinking about the Good War. This collection of essays reveals some of the challenges that Americans' commitment to the rule of law faced during the Second World War. As a total war, World War II required an unprecedented mobilization of society and growth of the federal government. The American state survived as a government of laws, not men, but in a very different form than its prewar counterpart. Using examples from the war era, this study demonstrates that major wars can imperil and transform one of our most deeply held values, the notion that public officials are constructed by law. As a result of total war, the political landscape changed, and, with it, Americans' notions of what law could do. Supreme Court justices endangered their reputation as being above politics through their behind-the-scenes relations with FDR, and in several important constitutional decisions they relinquished the judicial supremacy that many Americans had considered a crucial safeguard of freedom. The national government's power to tax was dramatically expanded in ways that left tax resistors looking like cranks rather than freedom fighters. When New Dealers tried to realize the potential of law as a vehicle of social organization, they fell prey to conservative rivals in the federal bureaucracy and Congress, but this defeat did nothing to slow the overall expansion of the administrative state, which continued under the formal oversight of the federal judiciary.
Author: Thomas J. Shaw
Publisher:
ISBN: 9781627229333
Category :
Languages : en
Pages : 0
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Book Description
The Second World War saw the rise not only of new technologies, new freedoms, new terrors, and a new world order, but of new legal issues. This book takes a global perspective in looking at the legal situations in seven major countries affected by the war. Fifty legal issues are identified from the war, ranging from subverting the judiciary and creating a divine military to economic and social issues to genocide and nuclear weapons. And more than 300 lawyers and judges, from more than 20 countries around the wor ...
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.
Author: Roger Chickering
Publisher: Cambridge University Press
ISBN: 9780521834322
Category : History
Languages : en
Pages : 412
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Book Description
This volume presents the results of a conference on the history of total war.
Author:
Publisher:
ISBN:
Category : Courts-martial and courts of inquiry
Languages : en
Pages : 668
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Book Description
Author: Dr Kjetil Mujezinovic Larsen
Publisher: Cambridge University Press
ISBN: 1107021847
Category : Law
Languages : en
Pages : 379
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Book Description
This book provides an examination of whether there is a legally independent 'principle of humanity' in international humanitarian law.
