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Author: Dieter Fleck
Publisher: Oxford University Press
ISBN: 0198808402
Category : History
Languages : en
Pages : 801
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Book Description
The legal position of visiting forces transcends domestic and international law and is of growing importance in our increasingly globalized and insecure world. 'In area' and 'out of area' operations, both for the purpose of establishing and maintaining peace and in connection with the conduct of other military operations and training, are likely to become more frequent for a variety of reasons. Finding where the applicable law places the balance between the interests, sensitivities and needs of the host state and the requirements, often practical in nature, of the visiting force is a key objective in ensuring that the relationship between hosts and 'guests' is and remains harmonious. All of this must be achieved in an increasingly complex legal environment. This fully updated second edition of The Handbook of the Law of Visiting Forces addresses the issues surrounding visiting forces and provides a full overview of the legal framework in which they operate. Through an analysis of jurisprudence and historical developments, it offers a comparative commentary to the UN, NATO, and other SOFA rules. The Handbook then continues its analysis through cases studies of visiting forces in key countries, including a fully updated chapter on Afghanistan that considers the various stages of the conflict, before offering conclusions on the current state of the law and its likely future development.
Author: Dieter Fleck
Publisher: Oxford University Press
ISBN: 0198808402
Category : History
Languages : en
Pages : 801
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Book Description
The legal position of visiting forces transcends domestic and international law and is of growing importance in our increasingly globalized and insecure world. 'In area' and 'out of area' operations, both for the purpose of establishing and maintaining peace and in connection with the conduct of other military operations and training, are likely to become more frequent for a variety of reasons. Finding where the applicable law places the balance between the interests, sensitivities and needs of the host state and the requirements, often practical in nature, of the visiting force is a key objective in ensuring that the relationship between hosts and 'guests' is and remains harmonious. All of this must be achieved in an increasingly complex legal environment. This fully updated second edition of The Handbook of the Law of Visiting Forces addresses the issues surrounding visiting forces and provides a full overview of the legal framework in which they operate. Through an analysis of jurisprudence and historical developments, it offers a comparative commentary to the UN, NATO, and other SOFA rules. The Handbook then continues its analysis through cases studies of visiting forces in key countries, including a fully updated chapter on Afghanistan that considers the various stages of the conflict, before offering conclusions on the current state of the law and its likely future development.
Author: Terry D. Gill
Publisher: Oxford University Press
ISBN: 0198744625
Category : History
Languages : en
Pages : 790
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Book Description
Based on best-practice rules of global importance, this handbook offers authoritative commentary and analysis of the international law of military operations, encompassing self-defence, peace operations, and other uses of force.
Author: Michael Bothe
Publisher: Oxford University Press, USA
ISBN: 0199658803
Category : History
Languages : en
Pages : 767
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Book Description
The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.
Author: Curtis A. Bradley
Publisher: Oxford University Press
ISBN: 0190653353
Category : Law
Languages : en
Pages : 891
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Book Description
This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.
Author: Ola Engdahl
Publisher: BRILL
ISBN: 9047419383
Category : Law
Languages : en
Pages : 376
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Book Description
The 1994 Convention on the Safety of United Nations and Associated Personnel (Safety Convention) was the first multilateral convention to deal specifically with the protection of personnel engaged in peace operations. It should be viewed against the background of the increasingly volatile environments in which peace operation personnel were required to operate at the beginning of the 1990s. An Optional Protocol, extending the automatic application of the Safety Convention to new categories of operation, was adopted in December 2005. Protection, which a host government is responsible for securing for personnel in peace operations, may be categorised as general and special protection. The former includes, for example, human rights law and international humanitarian law. The latter comprises privileges and immunities accorded to agents of states or organisations. The contribution of the Safety Convention is mainly one of interstate penal law co-operation. States parties are obligated to co-operate in order to effectively prosecute the perpetrators of stipulated crimes. The protection afforded by the Safety Convention may therefore be categorised as being part of an emerging legal regime against impunity. An effective protection needs to address the specific challenges surrounding peace operations. Some of these challenges, identified in this study, are related to the interplay between the rules of peace and war as well as responsibility and accountability of protected personnel. It is also contended that there is a need for an effective implementation of existing rules, and a careful development of so-called status-of-forces agreements applicable in peace operations.
Author: Ai Kihara-Hunt
Publisher: BRILL
ISBN: 9004328815
Category : Law
Languages : en
Pages : 457
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Book Description
Ai Kihara-Hunt’s Holding UNPOL to Account: Individual Criminal Accountability of United Nations Police Personnel analyzes whether the mechanisms that address criminal accountability of United Nations police personnel serving in peace operations are effective, and if there is a problem, how it can be mitigated. The volume reviews the obligations of States and the UN to investigate and prosecute criminal acts committed by UN police, and examines the jurisdictional and immunity issues involved. It concludes that these do not constitute legal barriers to accountability, although immunity poses some problems in practice. The principal problem appears to be the lack of political will to bring prosecutions, as well as a lack of transparency, which makes it difficult accurately to determine the scale of the problem.
Author: Darryl Robinson
Publisher: Oxford University Press
ISBN: 0192558889
Category : Law
Languages : en
Pages : 911
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Book Description
In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
Author: Bruce A. Elleman
Publisher: Routledge
ISBN: 1136841687
Category : History
Languages : en
Pages : 388
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Book Description
This book examines the nature and character of naval expeditionary warfare, in particular in peripheral campaigns, and the contribution of such campaigns to the achievement of strategic victory. Naval powers, which can lack the massive ground forces to win in the main theatre, often choose a secondary theatre accessible to them by sea and difficult for their enemies to reach by land, giving the sea power and its expeditionary forces the advantage. The technical term for these theatres is ‘peripheral operations.’ The subject of peripheral campaigns in naval expeditionary warfare is central to the British, the US, and the Australian way of war in the past and in the future. All three are reluctant to engage large land forces because of the high human and economic costs. Instead, they rely as much as possible on sea and air power, and the latter is most often in the form of carrier-based aviation. In order to exert pressure on their enemies, they have often opened additional theaters in on-going, regional, and civil wars. This book contains thirteen case studies by some of the foremost naval historians from the United States, Great Britain, and Australia whose collected case studies examine the most important peripheral operations of the last two centuries. This book will be of much interest to students of naval warfare, military history, strategic studies and security studies.
Author: Andrea de Guttry
Publisher: Springer
ISBN: 9462652589
Category : Law
Languages : en
Pages : 520
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Book Description
This book constitutes the first comprehensive publication on the duty of care of internationalorganizations towards their civilian personnel sent on missions and assignments outsideof their normal place of activity. While the work of the civilian personnel of internationalorganizations often carries an inherent risk, the regulations, policies and practices of theemployer can help to address and mitigate that risk. In this book, the specific content and scope of the duty of care under international law is clarifiedby conducting an unprecedented investigation into relevant jurisprudence and legal sources.Included is a critical assessment of the policies of selected international organizations while aset of guiding principles on the duty of care of international organizations is also presented. This publication fills a gap in the existing academic literature on the topic and is aimedparticularly at academics and practitioners interested in the legal implications of the deploymentof civilian personnel abroad by international organizations. This includes scholarsand university-level students specializing in international law, international human rightslaw, the law of international organizations, labour law, EU law, international administrativelaw and the UN system, and practitioners, such as lawyers and consultants, representing oradvising international organizations or their personnel on the legal aspects of deployment. The book is also aimed at the senior management of international organizations and at theirofficers in charge of recruitment, human resources, training and security, in that it clarifiestheir legal obligations and provides concrete examples of the policies various internationalorganizations have in place for the protection of civilian personnel. Current and prospectivecivilian personnel of international organizations should also find the book useful forclarifying their rights and duties. Andrea de Guttry is Full Professor at the Dirpolis Institute of the Sant’Anna School ofAdvanced Studies in Pisa, Micaela Frulli is Associate Professor at the Dipartimento di ScienzeGiuridiche (DSG), University of Florence, Edoardo Greppi is Full Professor at the Dipartimentodi Giurisprudenza, University of Turin, and Chiara Macchi is Research Fellow at theDirpolis Institute of the Sant’Anna School of Advanced Studies in Pisa.
Author: Harvey Langholtz
Publisher: BRILL
ISBN: 9004208453
Category : Political Science
Languages : en
Pages : 410
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Book Description
International Peacekeeping is devoted to reporting upon and analyzing international peacekeeping with an emphasis upon legal and policy issues, but is not limited to these issues. It is recognized that in today's world there is a wealth of information available from the internet and through other sources. It is therefore the goal of this Yearbook to make this information available in one publication which both organizes and records events over the course of a year through analytical articles, a chronicle, primary documents, and a bibliography. Topics include inter alia peacekeeping, peace, war, conflict resolution, diplomacy, international law, international security, humanitarian relief, humanitarian law, and terrorism. The Yearbook is of scholarly quality but is not narrowly theoretical. It provides the interested public -- diplomats, civil servants, politicians, the military, academics, journalists, NGO employees, and serious citizens -- with a document of record, comment, and a starting point for further research on peacekeeping and related topics. This is achieved not only by the provision of 'basic documents' (on CD ROM), such as Security Council Resolutions and Reports of the UN Secretary- General, but also by expert commentaries on world events. Peacekeeping is treated in a pragmatic light, seen as a form of international military cooperation for the preservation or restoration of international peace and security. Attention is focused not only on UN peacekeeping operations, but other missions as well. This Yearbook is the continuation of the journal International Peacekeeping.
