International Economic Law And Armed Conflict

Author : Harry H.G. Post
Publisher : BRILL
Page : 223 pages
File Size : 44,9 Mb
Release : 2023-07-24
Category : Law
ISBN : 9789004634794

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International Economic Law and Armed Conflict by Harry H.G. Post Pdf

The impact of (international) armed conflict on international economic law has become a subject of renewed interest since, in particular, the Iran--Iraq War of 1980--1988 and, to a lesser extent, the Falkland/Malvinas War of 1982. The military operations against Iraq during the 1990--1991 Kuwait crisis, and, more recently, the events in the former Yugoslavia have added a new dimension to this part of international law. The subject of this book is the reciprocal effect of armed conflict and international economic relations. The rules on visit, search, diversion and capture, instruments such as blockade or the rules on termination or suspension of trade agreements and the law of neutrality provide classic examples. `Traditional' and `classic' do not necessarily mean that these long-standing rules are now invalid. One of the purposes of this book is to examine the state of important rules of international prize law and of fundamental principles of the law of neutrality. The essays collected here contribute to a few important capita of international economic law.

Author : Katia Fach Gómez,Anastasios Gourgourinis,Catharine Titi
Publisher : Springer
Page : 542 pages
File Size : 40,7 Mb
Release : 2019-08-05
Category : Law
ISBN : 9783030107468

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International Investment Law and the Law of Armed Conflict by Katia Fach Gómez,Anastasios Gourgourinis,Catharine Titi Pdf

Assessing the extent to which armed conflict impacts the obligations that states have towards foreign investors and their investments under international investment treaties requires considering a wide range of issues, many of which are systemic in nature. These include substantive and procedural topics, not only with regard to international investment law, but also concerning the law on the use of force, international humanitarian law and human rights law, the law of treaties, the law of state responsibility and the law of state succession.This volume provides an in-depth assessment of the overlap between international investment law and the law of armed conflict by charting the terrain of the multifaceted and complex relationship between these two fields of public international law, fostering debate and offering novel perspectives on the matter.

Author : Amrei Müller
Publisher : Martinus Nijhoff Publishers
Page : 363 pages
File Size : 54,5 Mb
Release : 2013-05-15
Category : Law
ISBN : 9789004245280

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The Relationship between Economic, Social and Cultural Rights and International Humanitarian Law by Amrei Müller Pdf

In The Relationship between Economic, Social and Cultural Rights and International Humanitarian Law, Amrei Müller offers a detailed analysis of the legal consequences of the parallel application of economic, social and cultural (ESC) rights and international humanitarian law (IHL) to non-international armed conflicts. With a focus on health related issues, the book covers important topics like the scope of limitations to and derogations from ESC rights, questions related to the integration of the right to health in military-target decisions, states’ obligations to mitigate the adverse public health impact of armed conflicts and obligations relating to the provision of humanitarian assistance. It moves the discussion about the parallel application of IHL and human rights to a new level, highlighting its potential to enhance the protection of people affected by armed conflicts but also the difficulties involved.

Author : Teoman M. Hagemeyer-Witzleb
Publisher : Springer Nature
Page : 406 pages
File Size : 44,9 Mb
Release : 2021-07-14
Category : Law
ISBN : 9783030728465

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The International Law of Economic Warfare by Teoman M. Hagemeyer-Witzleb Pdf

Since the prohibition of the threat or use of force and the resurgence of (economic) nationalism, economic warfare has become an increasingly important substitute for actual hostilities between states. Its manifestations range from medieval sieges to modern day trade wars. Despite its long history, economic warfare remains an elusive term, foreign to international law. This book seeks to identify those portions of international law that are applicable to economic warfare. What is the status quo of regulation? Is there a jus ad bellum oeconomicum? A jus in bello oeconomico? After putting forward its own definition of economic warfare, the book reviews historical case studies – reflecting the three main branches of international economic law: trade, investment and currency – to identify pertinent legal boundaries. While the case studies reveal that numerous rules of international (economic) law regulate (specific measures of) economic warfare, it remains to be seen whether – analogously to the prohibition of the threat or use of force – these selective limitations have the potential to coalesce into a general prohibition of economic warfare in the future.

Author : Mark B. Taylor
Publisher : Cambridge University Press
Page : 329 pages
File Size : 45,9 Mb
Release : 2021-07-15
Category : Law
ISBN : 9781108483704

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War Economies and International Law by Mark B. Taylor Pdf

This book describes how international law regulates the problems that arise where economic activity meets violent conflict.

Author : Michael Byers
Publisher : Open Road + Grove/Atlantic
Page : 224 pages
File Size : 47,9 Mb
Release : 2007-12-01
Category : Law
ISBN : 9781555848460

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War Law by Michael Byers Pdf

“Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law.” —Chris Patten, Chancellor of Oxford University International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky

Author : Gilles Giacca
Publisher : OUP Oxford
Page : 414 pages
File Size : 40,8 Mb
Release : 2014-10-02
Category : Law
ISBN : 9780191026904

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Economic, Social, and Cultural Rights in Armed Conflict by Gilles Giacca Pdf

This book addresses the international legal obligation to protect economic, social, and cultural human rights in times of armed conflict and other situations of armed violence. These rights provide guarantees to individuals of their fundamental rights to work, to an adequate standard of living (food, water, housing), to education, and to health. Armed violence can take many forms, from civil unrest or protest and other forms of internal disturbances and tensions to higher levels of violence that may amount to armed conflict, whether of an international or of a non-international character. However, in all such cases the protection of ESC rights is sorely challenged. Situations of actual or potential violence present a number of challenges to the application and implementation of human rights law in general and socio-economic rights obligations more specifically. This book sets out the legal framework, defining what constitutes a minimum universal standard of human rights protection applicable in all circumstances. It assesses the concept and content of ESC rights' obligations, and evaluates how far they can be legally applicable in various scenarios of armed violence. By looking at the specific human rights treaty provisions, it discusses how far ESC rights obligations can be affected by practical and legal challenges to their implementation. The book addresses the key issues facing the protection of such rights in times of armed conflict: the legal conditions to limit ESC rights on security grounds, including the use of force; the extraterritorial applicability of international human rights treaties setting out ESC rights; the relationship between human rights law and international humanitarian law; and the obligations of non-state actors under human rights law and with particular relevance to the protection of ESC rights. The book assesses the nature of these potential challenges to the protection of ESC rights, and offers solutions to reinforce their continued application.

Author : Sandesh Sivakumaran
Publisher : Oxford University Press
Page : 696 pages
File Size : 50,9 Mb
Release : 2012-08-09
Category : Law
ISBN : 9780199239795

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The Law of Non-International Armed Conflict by Sandesh Sivakumaran Pdf

Non-international armed conflicts now far outnumber international ones, but the protection afforded by international law to combatants and civilian is not always clear. This book will set out the legal rules and state practice applicable to internal armed conflicts, drawing on armed conflicts from the US civil war to present day.

Author : Andrew Clapham,Paola Gaeta
Publisher : Unknown
Page : 1009 pages
File Size : 53,7 Mb
Release : 2014-03
Category : History
ISBN : 9780199559695

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The Oxford Handbook of International Law in Armed Conflict by Andrew Clapham,Paola Gaeta Pdf

Written by a team of distinguished and internationally renowned experts, this Oxford Handbook gives an analytical overview of international law as it applies in armed conflicts. The Handbook draws on international humanitarian law, human rights law, and the law of neutrality to provide a comprehensive picture of the status of law in war.

Author : Frauke Lachenmann,Rüdiger Wolfrum
Publisher : Oxford University Press
Page : 1473 pages
File Size : 47,7 Mb
Release : 2017
Category : Law
ISBN : 9780198784623

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The Law of Armed Conflict and the Use of Force by Frauke Lachenmann,Rüdiger Wolfrum Pdf

"Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law."

Author : Mark B. Taylor
Publisher : Unknown
Page : 299 pages
File Size : 54,9 Mb
Release : 2017
Category : Electronic
ISBN : OCLC:1041408428

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War Economies and International Law by Mark B. Taylor Pdf

Author : Karen Ballentine,Jake Sherman
Publisher : Lynne Rienner Publishers
Page : 332 pages
File Size : 49,8 Mb
Release : 2003
Category : Civil war
ISBN : 1588261727

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The Political Economy of Armed Conflict by Karen Ballentine,Jake Sherman Pdf

Globalization, suggest the authors of this collection, is creating new opportunities - some legal, some illicit - for armed factions to pursue their agendas in civil war. Within this context, they analyze the key dynamics of war economies and the challenges posed for conflict resolution and sustainable peace. Thematic chapters consider key issues in the political economy of internal wars, as well as how differing types of resource dependency influence the scope, character, and duration of conflicts. Case studies of Burma, Colombia, Kosovo, Papua New Guinea, and Sri Lanka illustrate a range of ways in which belligerents make use of global markets and the transnational flow of resources. An underlying theme is the opportunities available to the international community to alter the economic incentive structure that inadvertently supports armed conflict.

Author : John Balouziyeh, Esq.
Publisher : Vandeplas Publishing
Page : 187 pages
File Size : 47,5 Mb
Release : 2016-06-17
Category : Law
ISBN : 9781681090368

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Principles of International Law by John Balouziyeh, Esq. Pdf

This book offers law students and practitioners alike a clear and concise overview of public international law. It introduces the reader to the sources and history of international law while examining the institutions that create, interpret, and enforce the law, with special attention given to the International Court of Justice and its jurisprudence. The main branches of international law, along with the major treaties and customs governing them, are explained. The chapters take the reader through a step-by-step exposition of the following topics: - States and governments in the international order - International humanitarian law (the law of armed conflict) - International criminal law - Human rights and related topics - State responsibility and immunities from jurisdiction - International environmental law - The law of the sea, air, and space - International economic and trade law The procedures implemented in resolving international disputes are similarly examined. The book's lucid writing style and user-friendly format guarantee its accessibility to lawyers and non-lawyers alike. It will similarly be useful to students as a companion to any international law casebook or compendium of primary source documents.

Author : Kubo Macak
Publisher : Oxford University Press
Page : 304 pages
File Size : 52,8 Mb
Release : 2018-07-12
Category : Law
ISBN : 9780192551788

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Internationalized Armed Conflicts in International Law by Kubo Macak Pdf

This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.

Author : Ali Z. Marossi,Marisa R. Bassett
Publisher : Springer
Page : 382 pages
File Size : 47,9 Mb
Release : 2015-03-03
Category : Law
ISBN : 9789462650510

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Economic Sanctions under International Law by Ali Z. Marossi,Marisa R. Bassett Pdf

Since the Second World War, States have increasingly relied upon economic sanctions programs, in lieu of military action, to exert pressure and generally to fill the awkward gap between verbal denunciation and action. Whether or not sanctions are effective remains a point of contention among policymakers. Frequently asked questions include whether any legal order constrains the use of sanctions, and, if so, what the limits on the use of sanctions are. This volume gathers contributions from leading experts in various relevant fields providing a seminal study on the limits of economic sanctions under international law, including accountability mechanisms when sanctioning States go too far. Where there are gaps in the law, the authors provide novel and important contributions as to how existing legal structures can be used to ensure that economic sanctions remain within an accepted legal order. This book is a most valuable contribution to the literature in the fields of international economic law, public international law and international dispute resolution. Ali Z. Marossi is an advisory board member of The Hague Center for Law and Arbitration. Marisa R. Bassett is Associate Legal Officer in the Office of the Prosecutor for the ICTY and former Associate at White & Case LLP.