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Author : Theodor Meron
Publisher : Oxford University Press, USA
Page : 296 pages
File Size : 51,7 Mb
Release : 1989
Category : Customary law, International
ISBN : UCSD:31822003993128
Humanitarian law meshes with the general principles of
Author : Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge
Publisher : Cambridge University Press
Page : 610 pages
File Size : 40,7 Mb
Release : 2005-03-03
Category : Law
ISBN : 9780521808996
Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
Author : Jean-Marie Henckaerts,International Committee of the Red Cross
Publisher : Cambridge University Press
Page : 684 pages
File Size : 49,6 Mb
Release : 2005-03-03
Category : History
ISBN : 0521005280
"Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts."--
Author : Francisco Forrest Martin,Stephen J. Schnably,Richard Wilson,Jonathan Simon,Mark Tushnet
Publisher : Cambridge University Press
Page : 1028 pages
File Size : 54,8 Mb
Release : 2006-01-16
Category : Political Science
ISBN : 1139448935
International Human Rights and Humanitarian Law: Treaties, Cases, and Analysis introduces the reader to the international legal instruments and case law governing the substantive and procedural dimensions of international human rights and humanitarian law, including economic, social, and cultural rights. The book, which was originally published in 2006, also discusses the history and organisational structure of human rights and humanitarian law enforcement mechanisms. A chapter is devoted a chapter to the issues surrounding the incorporation of international law into U.S. law, including principles of constitutional and statutory interpretation, conflict rules, and the self-execution doctrine. Questions and comments sections provide critical analyses of issues raised in the materials. The last chapter addresses theoretical issues facing contemporary international human rights and humanitarian law and its enforcement.
Author : Brian D. Lepard
Publisher : Cambridge University Press
Page : 128 pages
File Size : 43,9 Mb
Release : 2017-02-16
Category : Law
ISBN : 9781108107938
Reexamining Customary International Law takes on the complex issues and controversies surrounding the history, theory, and practice of customary international law as it reexamines customary law's increasingly important role in world affairs. It incorporates the expertise of distinguished authors to probe many difficult issues that remain unresolved concerning the doctrine of customary law. At the same time, this book engages in a profound exploration of the practical role of customary international law in a variety of important fields, including humanitarian law, human rights law, and air and space law.
Author : Anne Peters
Publisher : Cambridge University Press
Page : 645 pages
File Size : 53,6 Mb
Release : 2016-10-27
Category : Law
ISBN : 9781107164307
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Author : Yutuka Arai
Publisher : BRILL
Page : 800 pages
File Size : 54,6 Mb
Release : 2009-04-24
Category : Law
ISBN : 9789004180628
This monograph analyses the historical evolution of the laws of occupation as a special branch of international humanitarian law (IHL), focusing on the extent to which this body of law has been transformed by its interaction with the development of international human rights law. It argues that a large part of the laws of occupation has proved to be malleable while being able to accommodate changing demands of civilians and any other persons affected by occupation in modern context. Its examinations have drawn much on archival research into the drafting documents of the instruments of IHL, including the aborted Brussels Declaration 1874, the 1899/1907 Hague Regulations, the 1949 Geneva Conventions and the 1977 Additional Protocol I. After assessing the complementary relationship between international human rights law and the laws of occupation, the book examines how to provide a coherent explanation for an emerging framework on the rights of individual persons affected by occupation. It engages in a theoretical appraisal of the role of customary IHL and the Martens clause in building up such a normative framework.
Author : Watson
Publisher : BRILL
Page : 342 pages
File Size : 49,6 Mb
Release : 2023-06-26
Category : Law
ISBN : 9789004637818
Many theories and propositions have been advanced on the tacit assumption that international law encompasses the protection of human rights. Very few, if any, question the validity of this position. Here is a book that does. Theory and Reality in the International Protection of Human Rights presents a defense of the traditional theory of international law-based on a decentralized nation-state system of international relation—as being more appropriate for the analysis of its subject than more recent variants that allow for supranational redress at an increasingly personal level. In particular, Professor Watson shows how the proponents of the international human rights regime persistently use a legislative mode of reasoning, and how international law cannot sustain this technique. He holds that violation of the right to life is best adjudicated within a customary system, and concludes that the validity of the norms of international human rights has yet to be demonstrated. Published under the Transnational Publishers imprint.
Author : Riccardo Pisillo Mazzeschi,Pasquale De Sena
Publisher : Springer
Page : 272 pages
File Size : 47,7 Mb
Release : 2018-07-27
Category : Law
ISBN : 9783319902272
This book is based on the observation that international law is undergoing a process of change and modernization, driven by many factors, among which the affirmation and consolidation of the role of the individual and of the theory of human rights stand out. In the contemporary world, international law has demonstrated an ability to evolve rapidly. But it is still unclear whether its modernization process is also producing structural changes, which affect the subjects, the sources and even the very purpose of this law. Is it truly possible to speak of a paradigmatic and ideological change in the international legal system, one that also involves a transition from a state-centred international order to a human-centred one, and from inter-state justice to global justice?The book addresses three fundamental aspects of the modernization process of international law: the possible widening of the concept of international community and of the classic assumptions of statehood; the possible diversification of the sources of general international law; and the ability of international law to adapt to new challenges and to achieve the main goals for humanity set by the United Nations.The overall objective of the book is to provide the tools for a deeper understanding of the transition phase of contemporary international law, by examining the major problems that characterize this phase. The book will also stimulate critical reflection on the future prospects of international law.
Author : Judith Gail Gardam
Publisher : BRILL
Page : 213 pages
File Size : 52,6 Mb
Release : 2023-11-27
Category : Law
ISBN : 9789004632400
Despite the advances made by the international community to outlaw the resort to force by the United Nations Charter, armed conflicts both international and non-international are a fact of every day life. The civilian casualties from such conflicts have assumed catastrophic proportions. Little attention, however, has been paid by scholars to the treatment of noncombatants in armed conflict and the place in international law of the principle fundamental to the law of armed conflict: noncombatant immunity. This work aims to remedy this omission. The author analyses in detail the content of the customary and conventional rules that give effect to this principle, in both international and non-international armed conflict. The importance of such a study is highlighted by the recent Gulf conflict where so many of the States were not bound by the most recent treaty rules protecting noncombatants.
Author : Riccardo Pisillo Mazzeschi
Publisher : Springer Nature
Page : 557 pages
File Size : 55,5 Mb
Release : 2021-09-29
Category : Law
ISBN : 9783030770327
This textbook provides a thorough and systematic overview of human rights law, including the most relevant practice and case law, but also dealing with theoretical issues. It pursues an original approach, seeking to reconcile its didactic purpose with a scientific one, positing that there must be a necessary synergy between these two purposes. Furthermore, the author is convinced that international human rights law should not be studied (as is done in virtually every textbook) as a special legal regime, separate and autonomous from the overall system of international law; but as a regime that is fully integrated into the international legal order. The book’s dominant theme is the interrelationship of international human rights law and general international law. Following this approach, the author has chosen to devote comparatively little content to institutional issues (Part IV) and to instead more intensively explore the structural impact of human rights law on the entire international order (Part I); on the sources (Part II) and obligations (Part III) of general international law; and what constitutes “fundamental” human rights (Part V), without neglecting other rights (Part VI).
Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 47,8 Mb
Release : 2005
Category : Humanitarian law
ISBN : LCCN:2005278982
In 1996, the International Committee of the Red Cross, alongside a range of renowned experts, embarked upon a major international study into current state practice in international humanitarian law in order to identify customary law in this area. This book is the result of that study, a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. Given that important treaties in this area have not yet been universally ratified, this is a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts.
Author : Jean-Marie Henckaerts,Louise Doswald-Beck
Publisher : Cambridge University Press
Page : 676 pages
File Size : 47,6 Mb
Release : 2005-03-03
Category : Law
ISBN : 0521808995
In 1995, the International Committee of the Red Cross, along with a range of renowned experts, embarked upon a major international study into current state practice in humanitarian law in order to identify customary law in this area. This book (and its companion, Volume 2: Practice) is the result of that study. Volume 1 is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts.
Author : Judith Gail Gardam
Publisher : Martinus Nijhoff Publishers
Page : 218 pages
File Size : 50,8 Mb
Release : 1993-04-08
Category : Law
ISBN : 0792322452
Despite the advances made by the international community to outlaw the resort to force by the United Nations Charter, armed conflicts both international and non-international are a fact of every day life. The civilian casualties from such conflicts have assumed catastrophic proportions. Little attention, however, has been paid by scholars to the treatment of noncombatants in armed conflict and the place in international law of the principle fundamental to the law of armed conflict: noncombatant immunity. This work aims to remedy this omission. The author analyses in detail the content of the customary and conventional rules that give effect to this principle, in both international and non-international armed conflict. The importance of such a study is highlighted by the recent Gulf conflict where so many of the States were not bound by the most recent treaty rules protecting noncombatants.
Author : Roberta Arnold,Noëlle Quénivet
Publisher : BRILL
Page : 608 pages
File Size : 44,6 Mb
Release : 2008-06-25
Category : Law
ISBN : 9789047431879
Drawing upon previous theories on the relationship between human rights law and international humanitarian law, this book examines on the basis of a series of individual case-studies the new theoretical trend arguing for a merge of these two sets of norms.