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Author: George P. Fletcher
Publisher: Oxford University Press
ISBN: 0198040350
Category : Law
Languages : en
Pages : 286
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Book Description
In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.
Author: George P. Fletcher
Publisher: Oxford University Press
ISBN: 0198040350
Category : Law
Languages : en
Pages : 286
Get Book Here
Book Description
In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.
Author: Marcelo G. Kohen
Publisher: Cambridge University Press
ISBN: 9780521849289
Category : Law
Languages : en
Pages : 560
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Book Description
This book is a comprehensive study of secession from an international law perspective.
Author: Aaron X. Fellmeth
Publisher: Oxford University Press
ISBN: 0197583105
Category : Law
Languages : en
Pages : 345
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Book Description
"Maurice and I created this guidebook to assist international lawyers and law students seeking to master, or at least to decipher, the Latin recurrently injected into our profession's already arcane argot. It may seem strange that a reference book-sized niche remains in the twenty-first century given the profusion of legal reference works, but the fact remains that recognizing the need for a guidebook like this one is a little uncomfortable. The use of Latin in international legal writing is supposed to appear natural, if not inevitable. We typically pepper our writings with Latin as if the dead language were cayenne in a jambalaya-the more the better. Yet, at some level we are all aware that we often obscure rather than clarify our meaning when we use it instead of plain English. And when we get the Latin right, which we frequently do, and pronounce the words without butchering them beyond all hope of recognition, which we occasionally do, the practice nonetheless tends to baffle law students and even experienced international lawyers unschooled in the vernacular of Cicero. Aspiring international lawyers may wonder about the ubiquity of Latin in international legal discourse in the first place. It may seem that the esoterism of such a prevalent practice can only be intentional. The official explanation is that much early international law was developed by the Roman Empire, and the much admired Roman civil law has found its way by analogy into public international law wherever a lacuna or ambiguity in the principles of international law arose.1 When combined with the fact that Latin was the scholarly lingua franca of most of Europe during international law's early development, international lawyers have inherited an even better-stocked arsenal of Latin phrases and terms than other lawyers"--
Author: Enrico Milano
Publisher: Martinus Nijhoff Publishers
ISBN: 9004149392
Category : Law
Languages : en
Pages : 349
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Book Description
This work deals with the question of unlawful territorial situations, i.e. territorial regimes that are established and maintained in defiance of international law.The book represents a welcome contribution to an issue of the outmost importance in international affairs at present times. It brings together elaborate theoretical discussion and thorough empirical research. Students of international law, practitioners, and anyone interested in deepening the understanding of the role and relevance of international law to territorial occupation will greatly benefit from this study.
Author: Florian Bieber
Publisher: Routledge
ISBN: 1135761558
Category : Education
Languages : en
Pages : 368
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Book Description
The war in Kosovo has been a defining moment in post-Cold War Europe. Kosovo has great importance beyond the Balkans as the most ambitious attempt of the international community to prevent internal conflicts and rebuild a society destroyed by war and ethnic cleansing. As the danger of ethnic conflict prevails in the region and elsewhere around the world, the experience of Kosovo offers important lessons. This is a comprehensive survey of developments in Kosovo leading up to, during and after the war in 1999, providing additionally the international and regional framework to the conflict. It examines the underlying causes of the war, the attempts by the international community to intervene, and the war itself in spring 1999. It critically examines the international administration in Kosovo since June 1999 and contextualizes it within the relations of Kosovo to its neighbours and as part of the larger European strategy in Southeastern Europe with the stability pact. It does not seek to promote one interpretation of the conflict and its aftermath, but brings together a range of intellectual arguments from some sixteen researchers from the Balkans, the rest of Europe and North America.
Author: Erika de Wet
Publisher: Hart Publishing
ISBN: 1841134228
Category : Law
Languages : en
Pages : 432
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Book Description
This study provides a comprehensive analysis of the powers of the Security Council under Chapter VII of the Charter of the United Nations.
Author: Werner Somers
Publisher: BRILL
ISBN: 9004538151
Category : Political Science
Languages : en
Pages : 911
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Book Description
China claims Taiwan as a renegade province. While saying it prefers peaceful unification, it has consistently refused to renounce the use of force to incorporate the democratic island. Increasingly, Taiwan has become a potential flash point for military conflict between China and the United States. After exploring the historical roots of the Taiwan question, The State of Taiwan offers an in-depth analysis of the international legal status of Taiwan. An extensive epilogue throws the bridge between the international legal findings and geopolitics, and outlines the strategy the world’s democracies should adopt in light of those findings.
Author: Krieger
Publisher: Oxford University Press
ISBN: 0192855832
Category : Law
Languages : en
Pages : 369
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Book Description
International law is constantly navigating the tension between preserving the status quo and adapting to new exigencies. But when and how do such adaptation processes give way to a more profound transformation, if not a crisis of international law? To address the question of how attacks on the international legal order are changing the value orientation of international law, this book brings together scholars of international law and international relations. By combining theoretical and methodological analyses with individual case studies, this book offers readers conceptualizations and tools to systematically examine value change and explore the drivers and mechanisms of these processes. These case studies scrutinize value change in the foundational norms of the post-1945 order and in norms representing the rise of the international legal order post-1990. They cover diverse issues: the prohibition of torture, the protection of women's rights, the prohibition of the use of force, the nonproliferation of nuclear weapons, sustainability norms, and accountability for core international crimes. The challenges to each norm, the reactions by norm defenders, and the fate of each norm are also studied. Combined, the analyses show that while a few norms have remained surprisingly robust, several are changing, either in substance or in legal or social validity. The book concludes by integrating the conceptual and empirical insights from this interdisciplinary exchange to assess and explain the ambiguous nature of value change in international law beyond the extremes of mere progress or decline.
Author: Krystyna Marek
Publisher: Librairie Droz
ISBN: 9782600040440
Category : International law
Languages : en
Pages : 636
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Book Description
Author: Milena Sterio
Publisher: Edward Elgar Publishing
ISBN: 1785361228
Category : Law
Languages : en
Pages : 239
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Book Description
Secession in International Law argues that the effective development of criteria on secession is a necessity in today’s world, because secessionist struggles can be analyzed through the legal lens only if we have specific legal rules to apply. Without legal rules, secessionist struggles are dominated by politics and sui generis approaches, which validate secessionist attempts based on geo-politics and regional states’ self-interest, as opposed to the law. By using a truly comparative approach, Milena Sterio has developed a normative international law framework on secession, which focuses on several factors to assess the legitimacy of a separatist quest.
