Essays on Law and War at the Fault Lines PDF Download

Author: Michael N. Schmitt
Publisher: Springer Science & Business Media
ISBN: 9067047406
Category : Law
Languages : en
Pages : 640

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Book Description
This collection of essays by Professor Michael N. Schmitt of Durham University draws together those of his articles published over the past two decades that have explored particular fault lines in the law of armed conflict. As such, they examine the complex interplay between warfare and law, seeking to identify where the law and warfare appear to diverge, and where such apparent divergence can be accommodated through contextual interpretation of the law. Each essay examines a particular issue in either the jus ad bellum (the law governing resort to force) or jus in bello (international humanitarian law) that has proven contentious in terms of applying extant norms to the evolving face of armed conflict. Among the topics addressed are counter-terrorism, cyber operations, asymmetrical warfare, assassination, environmental warfare and the participation of civilians in hostilities.

Author: Marcela Prieto Rudolphy
Publisher: Oxford University Press
ISBN: 0192667920
Category : Law
Languages : en
Pages : 321

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Book Description
Combatants are equal under the laws of armed conflict, regardless of whether the wars they fight are just or unjust, legal or illegal. They are permissible targets and can kill each other in battle. This basic feature of international law has been recently put into question by a group of moral philosophers known as revisionists, who argue that just combatants in an unjust war should be considered innocents, and their deaths considered murder. Dr. Prieto Rudolphy explains and assesses the conflict between the revisionist argument and the existing legal norms in The Morality of the Laws of War: War, Law, and Murder. The book provides an in-depth assessment of modern ethical thought on killing in wartime, deconstructing the revisionist view of war and offering a new perspective on the legal equality of combatants. Prieto Rudolphy not only examines the tension between the revisionist morality and the traditional thesis of symmetry between combatants but proposes a contingent justification of the latter and an alternative morality of war. Underlying both is the inescapable fact that regulating war is always a moral compromise. At the same time, she argues that there is urgent moral pressure to improve our laws - to bring them closer to an ideal whereby war does not exist. The Morality of the Laws of War is a must-read for scholars of moral philosophy and international law, from students to experts, providing a thorough account of contemporary debates on the ethics of warfare and using nuanced arguments to illuminate a fresh perspective.

Author: Maria O'Neill
Publisher: Cambridge Scholars Publishing
ISBN: 1527504328
Category : Political Science
Languages : en
Pages : 266

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Book Description
This collection of papers examines a variety of areas and issues related to, or raised by, the EU Internal Security Strategy. It covers such matters as critical infrastructure protection and environmental crime, from a range of disciplinary perspectives, including law, geography and politics. The EU Internal Security Strategy is becoming increasingly complex as it develops over time, as it has to operate against the background of growing diversity in law enforcement systems across EU member states. It is clear that the EU Internal Security Strategy is, and will continue to be for a long time, a work in progress, not only in its aim to address traditional transnational security threats, but also in reacting to emerging concerns, either in new crime areas or issues arising from the implementation of earlier phases of the strategy. This will be a subject matter for many academic discipline areas for some time to come.

Author: Daniel Thürer
Publisher: Martinus Nijhoff Publishers
ISBN: 9004179100
Category : Law
Languages : en
Pages : 505

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Book Description
This book is about international humanitarian law or - as it is also called - the "law of armed conflict"or "law of war". It emerged from a series of lectures delivered at the Hague Academy of International Law. The author deals with war and the means by which international law attempts to contain and, as it were, "humanize" organized violence. But the ambitions of the author go beyond the battlefield. The book explores the many complex ways in which law functions to regulate warfare, in theory and practice. The author looks into treaties and other sources of international law, but he also tries to step outside the boundaries of "black-letter law"to deal broadly with such matters as the influence of culture in shaping the norms on war, the institutions that develop those norms and work for their universal acceptance, the networks of humanitarian actors in this area and the legal procedures in which the law of war and its various institutions are embedded. The book demonstrates that even wars are, in various ways, conducted in "the shadow of the law".

Author: Michael N. Schmitt
Publisher: Martinus Nijhoff Publishers
ISBN: 9004154280
Category : Law
Languages : en
Pages : 629

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Book Description
International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday's wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the" jus ad bellum" and "jus in bello" are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein's classic works - "War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict "? the book addresses both "ius ad bellum" and "ius in bello" topics.

Author: Robin Geiß
Publisher:
ISBN: 0198842961
Category : Law
Languages : en
Pages : 513

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Book Description
This book conceptualizes and examines theories of the 'Legal Pluriverse': the multiplicity of rules that regulate multinational missions and the diverse actors involved. The book sets out the various legal regimes, assesses how these rules interact, and exposes norm conflicts, areas of legal uncertainty, or ambiguous loopholes.

Author: Püschmann, Jonas
Publisher: Edward Elgar Publishing
ISBN: 180088396X
Category : Political Science
Languages : en
Pages : 488

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Book Description
International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.

Author: Tom Ruys
Publisher: Oxford University Press
ISBN: 019878435X
Category : Law
Languages : en
Pages : 961

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Book Description
Since the adoption of the UN Charter in 1945, the use of cross-border force has been frequent. This volume invites a range of experts to examine over sixty conflicts, from military interventions to targeted killings and hostage rescue operations, and to ask how powerful precedent can be in determining hostile encounters in international law.

Author: Pierre Hauck
Publisher: Oxford University Press
ISBN: 0191053473
Category : Law
Languages : en
Pages : 609

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Book Description
Since the end of the Cold War, states have become increasingly engaged in the suppression of transnational organised crime. The existence of the UN Convention against Transnational Organised Crime and its Protocols demonstrates the necessity to comprehend this subject in a systematic way. Synthesizing the various sources of law that form this area of growing academic and practical importance, International Law and Transnational Organised Crime provides readers with a thorough understanding of the key concepts and legal instruments in international law governing transnational organised crime. The volume analyses transnational organised crime in consideration of the most relevant subareas of international law, such as international human rights and the law of armed conflict. Written by internationally recognized scholars in international and criminal law as well as respected high-level practitioners, this book is a useful tool for lawyers, public agents, and academics seeking straightforward and comprehensive access to a complex and significant topic.

Author: Pierre Hauck
Publisher: Oxford University Press
ISBN: 0198733739
Category : Law
Languages : en
Pages : 609

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Book Description
Examining the various sources of law that form this area of growing academic and practical importance, International Law and Transnational Organised Crime provides readers with a thorough understanding of the key concepts and legal instruments in international law governing transnational organised crime.