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Author: Antonio Cassese Publisher: ISBN: Category : Languages : en Pages :
Book Description
In its recent Genocide judgment, the International Court of Justice discussed the question of whether the acts of genocide carried out at Srebrenica by Bosnian Serb armed forces must be attributed to the Federal Republic of Yugoslavia (FRY), as claimed by Bosnia. It applied the effective control test set out in Nicaragua, reaching a negative conclusion. The Court also held that the broader overall control test enunciated by the International Criminal Court for the former Yugoslavia (ICTY) in Tadi did not apply, on two grounds. First, the test had been suggested by the ICTY with respect to the question of determining whether an armed conflict was international and not with regard to the different issue of state responsibility; secondly, in any case the test would have overly broadened the scope of state responsibility. The author argues that the ICTY admittedly had to establish in Tadi whether the armed conflict in Bosnia was internal or international. However, as no rules of international humanitarian law were of assistance for such determination, the Tribunal explicitly decided to rely upon international rules on state responsibility. The ICTY thus advanced the overall control test as a criterion generally valid for imputation of conduct of organized armed groups to a particular state. The test was based on judicial precedents and state practice. In addition, the ICTY did not exclude the applicability of the effective control standard, stating however that it only applied for the attribution to a state of conduct by single private individuals. Judicial decisions, even subsequent to Tadi , support the view that whenever conduct of organized armed groups or military units is at stake it suffices to show that the state to which they may be linked exercises overall control over them, in order for the conduct of those groups or units to be legally attributed to the state. Hence, any sound critique of Tadi should not suggest that it dealt with a matter different from state responsibility. It should instead be capable of showing that state and judicial practice do not corroborate that test.
Author: Antonio Cassese Publisher: ISBN: Category : Languages : en Pages :
Book Description
In its recent Genocide judgment, the International Court of Justice discussed the question of whether the acts of genocide carried out at Srebrenica by Bosnian Serb armed forces must be attributed to the Federal Republic of Yugoslavia (FRY), as claimed by Bosnia. It applied the effective control test set out in Nicaragua, reaching a negative conclusion. The Court also held that the broader overall control test enunciated by the International Criminal Court for the former Yugoslavia (ICTY) in Tadi did not apply, on two grounds. First, the test had been suggested by the ICTY with respect to the question of determining whether an armed conflict was international and not with regard to the different issue of state responsibility; secondly, in any case the test would have overly broadened the scope of state responsibility. The author argues that the ICTY admittedly had to establish in Tadi whether the armed conflict in Bosnia was internal or international. However, as no rules of international humanitarian law were of assistance for such determination, the Tribunal explicitly decided to rely upon international rules on state responsibility. The ICTY thus advanced the overall control test as a criterion generally valid for imputation of conduct of organized armed groups to a particular state. The test was based on judicial precedents and state practice. In addition, the ICTY did not exclude the applicability of the effective control standard, stating however that it only applied for the attribution to a state of conduct by single private individuals. Judicial decisions, even subsequent to Tadi , support the view that whenever conduct of organized armed groups or military units is at stake it suffices to show that the state to which they may be linked exercises overall control over them, in order for the conduct of those groups or units to be legally attributed to the state. Hence, any sound critique of Tadi should not suggest that it dealt with a matter different from state responsibility. It should instead be capable of showing that state and judicial practice do not corroborate that test.
Author: Elena Abrusci Publisher: Cambridge University Press ISBN: 1316514811 Category : Law Languages : en Pages : 307
Book Description
An assessment of judicial convergence and fragmentation in international human rights law and their legal and non-legal triggering factors.
Author: Kjetil Mujezinović Larsen Publisher: Cambridge University Press ISBN: 113951069X Category : Political Science Languages : en Pages : 519
Book Description
Do States, through their military forces, have legal obligations under human rights treaties towards the local civilian population during UN-mandated peace operations? It is frequently claimed that it is unrealistic to require compliance with human rights treaties in peace operations and this has led to an unwillingness to hold States accountable for human rights violations. In this book, Kjetil Larsen criticises this position by addressing the arguments against the applicability of human rights treaties and demonstrating that compliance with the treaties is unrealistic only if one takes an 'all or nothing' approach to them. He outlines a coherent and more flexible approach which distinguishes clearly between positive and negative obligations and makes treaty compliance more realistic. His proposals for the application of human rights treaties would also strengthen the legal framework for human rights protection in peace operations without posing any unrealistic obligations on the military forces.
Author: Robert Cryer Publisher: Cambridge University Press ISBN: 113948785X Category : Law Languages : en Pages : 951
Book Description
This market-leading textbook gives an authoritative account of international criminal law, and focuses on what the student needs to know - the crimes that are dealt with by international courts and tribunals as well as the procedures that police the investigation and prosecution of those crimes. The reader is guided through controversies with an accessible, yet sophisticated approach by the author team of four international lawyers, with experience both of teaching the subject, and as negotiators at the foundation of the International Criminal Court and the Rome conference. It is an invaluable introduction for all students of international criminal law and international relations, and now covers developments in the ICC, victims' rights, and alternatives to international criminal justice, as well as including extended coverage of terrorism. Short, well chosen excerpts allow students to familiarise themselves with primary material from a wide range of sources. An extensive package of online resources is also available.
Author: Daniela Lai Publisher: Cambridge University Press ISBN: 1108872441 Category : Political Science Languages : en Pages : 243
Book Description
Does socioeconomic justice belong within transitional justice? Daniela Lai provides the first systematic analysis of experiences of socioeconomic violence during war and how they give rise to strong, but unheeded justice claims in the aftermath. She redefines socioeconomic justice as the redress of violence rooted in the political economy of conflict, and transitional justice as a social practice that belongs among grassroots activists as much as it does in courtrooms and truth commissions. Furthermore, she examines the role of international actors that rely on narrow, legalistic approaches to transitional justice, while also promoting economic reforms that hinder the emergence and pursuit of socioeconomic justice claims by conflict-affected communities. Drawing on a unique set of in-depth interviews with Bosnian communities, international officials and grassroots activists, this book provides new theoretical and empirical insights on the link between justice and political economy, on international interventions, and on Bosnia's post-war and post-socialist transformation.
Author: Jean d'Aspremont Publisher: Taylor & Francis ISBN: 1136724931 Category : Law Languages : en Pages : 496
Book Description
The international legal system has weathered sweeping changes over the last decade as new participants have emerged. International law-making and law-enforcement processes have become increasingly multi-layered with unprecedented numbers of non-State actors, including individuals, insurgents, multinational corporations and even terrorist groups, being involved. This growth in the importance of non-State actors at the law-making and law-enforcement levels has generated a lot of new scholarly studies on the topic. However, while it remains uncontested that non-State actors are now playing an important role on the international plane, albeit in very different ways, international legal scholarship has remained riddled by controversy regarding the status of these new actors in international law. This collection features contributions by renowned scholars, each of whom focuses on a particular theory or tradition of international law, a region, an institutional regime or a particular subject-matter, and considers how that perspective impacts on our understanding of the role and status of non-State actors. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental in the perception of non-State actors. In doing so the volume provides a wide panorama of all the contemporary legal issues arising in connection with the growing role of non-state actors in international-law making and international law-enforcement processes.
Author: Bryant Walker Smith Publisher: Createspace Independent Publishing Platform ISBN: 9781481135177 Category : Motor vehicles Languages : en Pages : 0
Book Description
Note: This is the original 2012 report. An updated 2014 law review article is available as 1 Tex. A&M. L. Rev. 411. This report provides the most comprehensive discussion to date of whether so-called automated, autonomous, self-driving, or driverless vehicles can be lawfully sold and used on public roads in the United States. The short answer is that the computer direction of a motor vehicle's steering, braking, and accelerating without real-time human input is probably legal. The long answer, contained in the report, provides a foundation for tailoring regulations and understanding liability issues related to these vehicles. The report's largely descriptive analysis, which begins with the principle that everything is permitted unless prohibited, covers three key legal regimes: the 1949 Geneva Convention on Road Traffic, regulations enacted by the National Highway Traffic Safety Administration (NHTSA), and the vehicle codes of all fifty US states. The Geneva Convention, to which the United States is a party, probably does not prohibit automated driving. The treaty promotes road safety by establishing uniform rules, one of which requires every vehicle or combination thereof to have a driver who is "at all times ... able to control" it. However, this requirement is likely satisfied if a human is able to intervene in the automated vehicle's operation. NHTSA's regulations, which include the Federal Motor Vehicle Safety Standards to which new vehicles must be certified, do not generally prohibit or uniquely burden automated vehicles, with the possible exception of one rule regarding emergency flashers. State vehicle codes probably do not prohibit-but may complicate-automated driving. These codes assume the presence of licensed human drivers who are able to exercise human judgment, and particular rules may functionally require that presence. New York somewhat uniquely directs a driver to keep one hand on the wheel at all times. In addition, far more common rules mandating reasonable, prudent, practicable, and safe driving have uncertain application to automated vehicles and their users. Following distance requirements may also restrict the lawful operation of tightly spaced vehicle platoons. Many of these issues arise even in the three states that expressly regulate automated vehicles. The primary purpose of this report is to assess the current legal status of automated vehicles. However, the report includes draft language for US states that wish to clarify this status. It also recommends five near-term measures that may help increase legal certainty without producing premature regulation. First, regulators and standards organizations should develop common vocabularies and definitions that are useful in the legal, technical, and public realms. Second, the United States should closely monitor efforts to amend or interpret the 1969 Vienna Convention, which contains language similar to the Geneva Convention but does not bind the United States. Third, NHTSA should indicate the likely scope and schedule of potential regulatory action. Fourth, US states should analyze how their vehicle codes would or should apply to automated vehicles, including those that have an identifiable human operator and those that do not. Finally, additional research on laws applicable to trucks, buses, taxis, low-speed vehicles, and other specialty vehicles may be useful. This is in addition to ongoing research into the other legal aspects of vehicle automation.
Author: Nicolás M. Perrone Publisher: Oxford University Press, USA ISBN: 0198862148 Category : Law Languages : en Pages : 273
Book Description
This book brings a new perspective to the subject of international investment law, by tracing the origins of foreign investor rights. It shows how a group of business leaders, bankers, and lawyers in the mid-twentieth century paved the way for our current system of foreign investment relations, and the investor-state dispute settlement mechanism.
Author: Publisher: Cambridge University Press ISBN: 1108981704 Category : Law Languages : en Pages : 3034
Book Description
The application and interpretation of the four Geneva Conventions of 1949 and their two Additional Protocols of 1977 have developed significantly in the seventy years since the International Committee of the Red Cross (ICRC) first published its Commentaries on these important humanitarian treaties. To promote a better understanding of, and respect for, this body of law, the ICRC commissioned a comprehensive update of its original Commentaries, of which this is the third volume. The Third Convention, relative to the treatment of prisoners of war and their protections, takes into account developments in the law and practice in the past seven decades to provide up-to-date interpretations of the Convention. The new Commentary has been reviewed by humanitarian law practitioners and academics from around the world. This new Commentary will be an essential tool for anyone involved with international humanitarian law.
Author: Antonio Cassese
Author: Antonio Cassese
Author: Elena Abrusci
Author: Kjetil Mujezinović Larsen
Author: Robert Cryer
Author: Daniela Lai
Author: Henning Lahmann
Author: Jean d'Aspremont
Author: Bryant Walker Smith
Author: Nicolás M. Perrone
Author: