Author: Astrid Kjeldgaard-Pedersen
Publisher: BRILL
ISBN: 9004343598
Category : Law
Languages : en
Pages : 249
Book Description
In August 2015, international legal scholars and expert practitioners from Denmark, Finland, Iceland, Norway, and Sweden gathered to discuss contemporary issues of international law from a Nordic perspective: Do the “shared Nordic values” extend to embrace a common perspective on international law and policy beyond the Nordic region? And do international legal scholars in the Nordic countries share a professional outlook enabling us to speak of a distinct “Nordic approach to international law”? This book contains a selection of the conference papers, which all address aspects of Nordic approaches to international law - varying significantly in terms of subject area, methodology and style. The book is relevant to international legal scholars in the Nordic countries and beyond.
Nordic Approaches to International Law
Author: Astrid Kjeldgaard-Pedersen
Publisher: BRILL
ISBN: 9004343598
Category : Law
Languages : en
Pages : 249
Book Description
In August 2015, international legal scholars and expert practitioners from Denmark, Finland, Iceland, Norway, and Sweden gathered to discuss contemporary issues of international law from a Nordic perspective: Do the “shared Nordic values” extend to embrace a common perspective on international law and policy beyond the Nordic region? And do international legal scholars in the Nordic countries share a professional outlook enabling us to speak of a distinct “Nordic approach to international law”? This book contains a selection of the conference papers, which all address aspects of Nordic approaches to international law - varying significantly in terms of subject area, methodology and style. The book is relevant to international legal scholars in the Nordic countries and beyond.
Publisher: BRILL
ISBN: 9004343598
Category : Law
Languages : en
Pages : 249
Book Description
In August 2015, international legal scholars and expert practitioners from Denmark, Finland, Iceland, Norway, and Sweden gathered to discuss contemporary issues of international law from a Nordic perspective: Do the “shared Nordic values” extend to embrace a common perspective on international law and policy beyond the Nordic region? And do international legal scholars in the Nordic countries share a professional outlook enabling us to speak of a distinct “Nordic approach to international law”? This book contains a selection of the conference papers, which all address aspects of Nordic approaches to international law - varying significantly in terms of subject area, methodology and style. The book is relevant to international legal scholars in the Nordic countries and beyond.
Soft War
Author: Michael L. Gross
Publisher: Cambridge University Press
ISBN: 110713224X
Category : Philosophy
Languages : en
Pages : 285
Book Description
This collection focuses on non-kinetic warfare, including cyber, media, and economic warfare, as well as non-violent resistance, 'lawfare', and hostage-taking.
Publisher: Cambridge University Press
ISBN: 110713224X
Category : Philosophy
Languages : en
Pages : 285
Book Description
This collection focuses on non-kinetic warfare, including cyber, media, and economic warfare, as well as non-violent resistance, 'lawfare', and hostage-taking.
Necessity and Proportionality and the Right of Self-Defence in International Law
Author: Chris O'Meara
Publisher: Oxford University Press
ISBN: 0192608568
Category : Law
Languages : en
Pages : 289
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.
Publisher: Oxford University Press
ISBN: 0192608568
Category : Law
Languages : en
Pages : 289
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.
International Law and New Wars
Author: Christine Chinkin
Publisher: Cambridge University Press
ISBN: 1107171210
Category : History
Languages : en
Pages : 611
Book Description
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Publisher: Cambridge University Press
ISBN: 1107171210
Category : History
Languages : en
Pages : 611
Book Description
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
The President and Immigration Law
Author: Adam B. Cox
Publisher: Oxford University Press
ISBN: 0190694386
Category : Law
Languages : en
Pages : 361
Book Description
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Publisher: Oxford University Press
ISBN: 0190694386
Category : Law
Languages : en
Pages : 361
Book Description
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Revisiting Proportionality in International and European Law
Author: Ulf Linderfalk
Publisher: BRILL
ISBN: 9004448071
Category : Law
Languages : en
Pages : 230
Book Description
In this edited volume, scholars from a wide range of areas of international law consider whose interests are at stake in the application of the principle of proportionality. In so doing, the volume casts new light this important principle.
Publisher: BRILL
ISBN: 9004448071
Category : Law
Languages : en
Pages : 230
Book Description
In this edited volume, scholars from a wide range of areas of international law consider whose interests are at stake in the application of the principle of proportionality. In so doing, the volume casts new light this important principle.
Legitimacy and Drones
Author: Steven J. Barela
Publisher: Routledge
ISBN: 1317105877
Category : Technology & Engineering
Languages : en
Pages : 461
Book Description
Unmanned combat air vehicles, or in common parlance 'drones', have become a prominent instrument in US efforts to counter an objective (and subjective) cross-border terrorist threat with lethal force. As a result, critical questions abound on the legitimacy of their use. In a series of multidisciplinary essays by scholars with an extensive knowledge of international norms, this book explores the question of legitimacy through the conceptual lenses of legality, morality and efficacy, it then closes with the consideration of a policy proposal aimed at incorporating all three indispensable elements. The importance of this inquiry cannot be overstated. Non-state actors fully understand that attacking the much more powerful state requires moving the conflict away from the traditional battlefield where they are at an enormous disadvantage. Those engaging in terrorism seek to goad the ruling government into an overreaction, or abuse of power, to trigger a destabilization via an erosion of its legitimacy. Thus defending the target of legitimacy”in this case, insuring the use of deadly force is constrained by valid limiting principles”represents an essential strategic interest. This book seeks to come to grips with the new reality of drone warfare by exploring if it can be used to preserve, rather than eat away at, legitimacy. After an extensive analysis of the three key parameters in twelve chapters, the practical proposition of establishing a 'Drone Court' is put forward and examined as a way of pursuing the goal of integrating these essential components to defend the citizenry and the legitimacy of the government at the same time.
Publisher: Routledge
ISBN: 1317105877
Category : Technology & Engineering
Languages : en
Pages : 461
Book Description
Unmanned combat air vehicles, or in common parlance 'drones', have become a prominent instrument in US efforts to counter an objective (and subjective) cross-border terrorist threat with lethal force. As a result, critical questions abound on the legitimacy of their use. In a series of multidisciplinary essays by scholars with an extensive knowledge of international norms, this book explores the question of legitimacy through the conceptual lenses of legality, morality and efficacy, it then closes with the consideration of a policy proposal aimed at incorporating all three indispensable elements. The importance of this inquiry cannot be overstated. Non-state actors fully understand that attacking the much more powerful state requires moving the conflict away from the traditional battlefield where they are at an enormous disadvantage. Those engaging in terrorism seek to goad the ruling government into an overreaction, or abuse of power, to trigger a destabilization via an erosion of its legitimacy. Thus defending the target of legitimacy”in this case, insuring the use of deadly force is constrained by valid limiting principles”represents an essential strategic interest. This book seeks to come to grips with the new reality of drone warfare by exploring if it can be used to preserve, rather than eat away at, legitimacy. After an extensive analysis of the three key parameters in twelve chapters, the practical proposition of establishing a 'Drone Court' is put forward and examined as a way of pursuing the goal of integrating these essential components to defend the citizenry and the legitimacy of the government at the same time.
Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations
Author: Michael N. Schmitt
Publisher: Cambridge University Press
ISBN: 1316828646
Category : Law
Languages : en
Pages : 641
Book Description
Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.
Publisher: Cambridge University Press
ISBN: 1316828646
Category : Law
Languages : en
Pages : 641
Book Description
Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.
Rethinking the Drone War
Author: Lawrence L. Lewis
Publisher: Government Printing Office
ISBN: 9780997317435
Category : History
Languages : en
Pages : 260
Book Description
"This volume is a collection of four reports that collectively address these issues by exploring the themes of legitimacy, civilian protection, and national security interests. They address questions in the modern counterterrorism context.This volume provides concrete recommendations for policy makers as well as military commanders, a number of which have, since the time of its writing, been incorporated into the recent U.S. policy guidelines related to civilian casualties. Although this volume focuses specifically on current counterterrorism practices, its analysis, frameworks, and conclusions can be applied in varying degrees to emerging technologies as well. These considerations can help a government ensure that its use of force is not only effective, but also responsible and consonant with its larger interests."--Provided by publisher.
Publisher: Government Printing Office
ISBN: 9780997317435
Category : History
Languages : en
Pages : 260
Book Description
"This volume is a collection of four reports that collectively address these issues by exploring the themes of legitimacy, civilian protection, and national security interests. They address questions in the modern counterterrorism context.This volume provides concrete recommendations for policy makers as well as military commanders, a number of which have, since the time of its writing, been incorporated into the recent U.S. policy guidelines related to civilian casualties. Although this volume focuses specifically on current counterterrorism practices, its analysis, frameworks, and conclusions can be applied in varying degrees to emerging technologies as well. These considerations can help a government ensure that its use of force is not only effective, but also responsible and consonant with its larger interests."--Provided by publisher.
The Mind of Empire
Author: Christopher A. Ford
Publisher: University Press of Kentucky
ISBN: 0813173779
Category : History
Languages : en
Pages : 394
Book Description
In the last century, no other nation has grown and transformed itself with such zeal as China. With a booming economy, a formidable military, and a rapidly expanding population, China is emerging as a twenty-first-century global superpower. China's prosperity has increased dramatically in the last two decades, propelling the nation to a prominent position in the international community. Yet China's ancient history still informs and shapes its understanding of itself in relation to the world. As a highly developed and modern nation, China is something of a paradox. Though China is an international leader in modern business and technology, its past remains a source of guiding principles for the nation's foreign policy. In The Mind of Empire: China's History and Modern Foreign Relations, Christopher A. Ford demonstrates how China's historical awareness shapes its objectives and how the resulting national consciousness continues to influence the country's policymaking. Despite its increasing prominence among modern, developed nations, China continues to seek guidance from a past characterized by Confucian notions of hierarchical political order and a "moral geography" that places China at the center of the civilized world. The Mind of Empire describes how these attitudes have clashed with traditional Western ideals of sovereignty and international law. Ford speculates about how China's legacy may continue to shape its foreign relations and offers a warning about the potential global consequences. He examines major themes in China's conception of domestic and global political order, describes key historical precedents, and outlines the remarkable continuity of China's Sinocentric stance. Expertly synthesizing historical, philosophical, religious, and cultural analysis into a cohesive study of the Chinese worldview, Ford offers revealing insights into modern China. The Mind of Empire tracks China's astonishing development within the framework of a national ideology that is intrinsically linked to the distant past. Ford's perspective is both pertinent and prescient at a time when China is expanding into new areas of power, both economically and militarily. As China's power and influence continue to grow, its reliance on ancient philosophies and political systems will shape its approach to foreign policy in idiosyncratic and, perhaps, highly problematic ways.
Publisher: University Press of Kentucky
ISBN: 0813173779
Category : History
Languages : en
Pages : 394
Book Description
In the last century, no other nation has grown and transformed itself with such zeal as China. With a booming economy, a formidable military, and a rapidly expanding population, China is emerging as a twenty-first-century global superpower. China's prosperity has increased dramatically in the last two decades, propelling the nation to a prominent position in the international community. Yet China's ancient history still informs and shapes its understanding of itself in relation to the world. As a highly developed and modern nation, China is something of a paradox. Though China is an international leader in modern business and technology, its past remains a source of guiding principles for the nation's foreign policy. In The Mind of Empire: China's History and Modern Foreign Relations, Christopher A. Ford demonstrates how China's historical awareness shapes its objectives and how the resulting national consciousness continues to influence the country's policymaking. Despite its increasing prominence among modern, developed nations, China continues to seek guidance from a past characterized by Confucian notions of hierarchical political order and a "moral geography" that places China at the center of the civilized world. The Mind of Empire describes how these attitudes have clashed with traditional Western ideals of sovereignty and international law. Ford speculates about how China's legacy may continue to shape its foreign relations and offers a warning about the potential global consequences. He examines major themes in China's conception of domestic and global political order, describes key historical precedents, and outlines the remarkable continuity of China's Sinocentric stance. Expertly synthesizing historical, philosophical, religious, and cultural analysis into a cohesive study of the Chinese worldview, Ford offers revealing insights into modern China. The Mind of Empire tracks China's astonishing development within the framework of a national ideology that is intrinsically linked to the distant past. Ford's perspective is both pertinent and prescient at a time when China is expanding into new areas of power, both economically and militarily. As China's power and influence continue to grow, its reliance on ancient philosophies and political systems will shape its approach to foreign policy in idiosyncratic and, perhaps, highly problematic ways.