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Author : Natalia Jevglevskaja
Publisher : Cambridge University Press
Page : 315 pages
File Size : 47,6 Mb
Release : 2021-12-16
Category : Law
ISBN : 9781108837552
The first comprehensive and systemic analysis of States' weapons review obligation under international law underpinned by empirical research.
Author : Natalia Jevglevskaja
Publisher : Unknown
Page : 282 pages
File Size : 41,6 Mb
Release : 2022
Category : Autonomous weapons systems (International law)
ISBN : 1108931073
International law requires that, before any new weapon is developed, purchased or modified, the legality of its use must be determined. This book offers the first comprehensive and systemic analysis of the law mandating such assessments - Article 36 of the 1977 Additional Protocol I to the Geneva Conventions. Underpinned by empirical research, the book explores the challenges the weapons review authorities are facing when examining emerging military technology, such as autonomous weapons systems and (autonomous) cyber capabilities. It argues that Article 36 is sufficiently broad to cover a wide range of military systems and offers States the necessary flexibility to adopt a process that best suits their organisational demands. While sending a clear signal that law should not simply follow technological developments, but rather steer them, the provision has its limits, however, which are shaped and defined by the interpretative decisions made by States.
Author : Gro Nystuen,Stuart Casey-Maslen,Annie Golden Bersagel
Publisher : Cambridge University Press
Page : 804 pages
File Size : 51,5 Mb
Release : 2014-08-28
Category : Law
ISBN : 9781139992749
Nuclear Weapons under International Law is a comprehensive treatment of nuclear weapons under key international law regimes. It critically reviews international law governing nuclear weapons with regard to the inter-state use of force, international humanitarian law, human rights law, disarmament law, and environmental law, and discusses where relevant the International Court of Justice's 1996 Advisory Opinion. Unique in its approach, it draws upon contributions from expert legal scholars and international law practitioners who have worked with conventional and non-conventional arms control and disarmament issues. As a result, this book embraces academic consideration of legal questions within the context of broader political debates about the status of nuclear weapons under international law.
Author : Stuart Casey-Maslen
Publisher : Cambridge University Press
Page : 683 pages
File Size : 41,7 Mb
Release : 2014-01-23
Category : Law
ISBN : 9781107027879
This book focuses on how human rights would regulate non-lethal weapons through the growing interplay between humanitarian law and human rights law.
Author : William H. Boothby
Publisher : Oxford University Press
Page : 450 pages
File Size : 51,8 Mb
Release : 2016-03-10
Category : Law
ISBN : 9780191044168
Bringing together the law of armed conflict governing the use of weapons into a single volume, the fully updated Second Edition of Weapons and the Law of Armed Conflict interprets these rules and discusses the factors influencing future developments in weapons law. After relating the historical evolution of weapons law, the book discusses the important customary principles that are the foundation of the subject, and provides a condensed account of the law that exists on the use of weapons. The treaties and customary rules applying to particular categories of weapon are thereafter listed and explained article by article and rule by rule in a series of chapters. Having stated the law as it is, the book then explores the way in which this dynamic field of international law develops in the light of various influences. The legal review of weapons is discussed, both from the perspective of how such reviews should be undertaken and how such a system should be established. Having stated the law as it is, the book then investigates the way in which this dynamic field of international law develops in the light of various influences. In the final chapter, the prospects for future rule change are considered. This Second Edition includes a discussion of new treaty law on expanding bullets, the arms trade, and norms in relation to biological and chemical weapons. It also analyses the International Manuals on air and missile warfare law and on cyber warfare law, the challenges posed by 'lethal autonomous weapon systems', and developments in the field of information and telecommunications otherwise known as cyber activities.
Author : Michael Byers
Publisher : Open Road + Grove/Atlantic
Page : 224 pages
File Size : 42,6 Mb
Release : 2007-12-01
Category : Law
ISBN : 9781555848460
“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 : Terry D. Gill,Robin Geiß,Heike Krieger,Christophe Paulussen
Publisher : Springer Nature
Page : 285 pages
File Size : 42,5 Mb
Release : 2019-10-31
Category : Law
ISBN : 9789462653436
The main theme of this volume of the Yearbook of International Humanitarian Law is weapons law. In several chapters, how International Humanitarian Law (IHL) copes with old and new weapons as well as political developments in regard to military technology is discussed, while in two chapters the significance of non- or less-lethal weapons in peace-keeping and law enforcement operations as well as the legality of lethal autonomous weapon systems under IHL are analysed. Moreover, the volume describes the current status of nuclear deterrence under international law. Another layer is added by examining how IHL influences the programming of automatic target recognition systems using artificial intelligence. The second part of the book contains a historic perspective on the roots of IHL in Europe, which can be traced back to the ninth century, as well as a Year in Review describing the most important events and legal developments in the area of IHL that took place in 2018. The Yearbook of International Humanitarian Law is the world’s only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.
Author : Daniel Joyner
Publisher : Oxford Monographs in Internati
Page : 403 pages
File Size : 50,5 Mb
Release : 2009
Category : Law
ISBN : 9780199204908
This text analyses the international law and international organisations that have been constructed to regulate the worldwide proliferation of weapons technologies, particularly those that have been classified as weapons of mass destruction such as nuclear, chemical and biological weapons.
Author : Orde F. Kittrie
Publisher : Oxford University Press
Page : 505 pages
File Size : 41,5 Mb
Release : 2016
Category : Law
ISBN : 9780190263577
In Lawfare, author Orde Kittrie's draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of the strategic leveraging of law as an increasingly powerful and effective weapon in the current global security landscape. Lawfare incorporates case studies of recent offensive and defensive lawfare by the United States, Iran, China, and by both sides of the Israeli-Palestinian conflict and includes dozens of examples of how lawfare has thus been waged and defended against. Kittrie notes that since private attorneys can play important and decisive roles in their nations' national security plans through their expertise in areas like financial law, maritime insurance law, cyber law, and telecommunications law, the full scope of lawfare's impact and possibilities are just starting to be understood.
Author : Nagendra Singh,Edward MacWhinney
Publisher : Martinus Nijhoff Publishers
Page : 44 pages
File Size : 44,8 Mb
Release : 1989
Category : Law
ISBN : 9024736374
Author : Gro Nystuen,Stuart Casey-Maslen,Annie Golden Bersagel
Publisher : Cambridge University Press
Page : 522 pages
File Size : 53,5 Mb
Release : 2015-11-26
Category : Law
ISBN : 1316500691
Nuclear Weapons under International Law is a comprehensive treatment of nuclear weapons under key international law regimes. It critically reviews international law governing nuclear weapons with regard to the inter-state use of force, international humanitarian law, human rights law, disarmament law, and environmental law, and discusses where relevant the International Court of Justice's 1996 Advisory Opinion. Unique in its approach, it draws upon contributions from expert legal scholars and international law practitioners who have worked with conventional and non-conventional arms control and disarmament issues. As a result, this book embraces academic consideration of legal questions within the context of broader political debates about the status of nuclear weapons under international law.
Author : Laurence Boisson de Chazournes,Philippe Sands
Publisher : Cambridge University Press
Page : 620 pages
File Size : 46,7 Mb
Release : 1999-08-26
Category : History
ISBN : 0521654807
A most comprehensive book, first published in 1999, analysing the ICJ Advisory Opinions on nuclear weapons handed down in 1996.
Author : Tim McFarland
Publisher : Cambridge University Press
Page : 195 pages
File Size : 48,7 Mb
Release : 2020-07-09
Category : Law
ISBN : 9781108499743
A close examination of the interface between autonomous technologies and the law with legal analysis grounded in technological realities.
Author : Charles J. Moxley
Publisher : Austin & Winfield Publishers
Page : 856 pages
File Size : 49,8 Mb
Release : 2000
Category : Law
ISBN : STANFORD:36105060748360
This book addresses the issue of the legality of the use of nuclear weapons under international law. It includes forwarding remarks by Robert S. McNamara, David W. Leebron, and Kosta Tsipis. Moxley analyzes the question in light of the July 1996 advisory opinion issued by the International Court of Justice, the law as articulated by the United States, and generally recognized facts as to the characteristics and effects of nuclear weapons. He concludes that the use of nuclear weapons is per se unlawful under the rules of international law and facts recognized by the United States. Nuclear Weapons and International Law in the Post Cold War World is an unprecedented exploration of the application of the necessity, proportionality and discrimination of principles of international law to nuclear weapons.
Author : Kubo Macak
Publisher : Oxford University Press
Page : 304 pages
File Size : 46,8 Mb
Release : 2018-07-12
Category : Law
ISBN : 9780192551788
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.
