Legal Accountability And Britain S Wars 2000 2015

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Legal Accountability and Britain's Wars 2000-2015

Peter Rowe
Legal Accountability and Britain s Wars 2000 2015 Book PDF

Author : Peter Rowe
Publisher : Routledge
Page : 274 pages
File Size : 47,6 Mb
Release : 2016-04-20
Category : Law
ISBN : 9781317540335

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Legal Accountability and Britain's Wars 2000-2015 by Peter Rowe Pdf

This book discusses the manner in which Britain’s wars, which took place between 2000 and 2015, have interacted with the relevant principles of international law and English law for the purpose, primarily, of considering legal accountability. During a debate in the House of Lords in 2005 a former Chief of the Defence Staff commented that ‘the Armed Forces are under legal siege.’ The book will discuss the major legal issues which have arisen, ranging from the various votes in Parliament to go to war, the constitutional relationship between ministers and senior commanders, the right under international law to use force, the influence of human rights law, the role of the courts in England (including the coroners’ courts), to the legal regime applying to the conduct of UK military operations. It will assess critically whether the armed forces will now have to accept that operations conducted outside the UK are subject to greater legal scrutiny than previously and whether, if this is the case, it is likely to hinder their future military activities. This book will be of great interest to scholars of international law, the law of armed conflict, military studies and international relations, as well as to those with a professional or other interest in the subject matter.

Legal Accountability and Britain's Wars 2000-2015

Peter Rowe
Legal Accountability and Britain s Wars 2000 2015 Book PDF

Author : Peter Rowe
Publisher : Routledge
Page : 286 pages
File Size : 48,7 Mb
Release : 2016-04-20
Category : Law
ISBN : 9781317540328

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Legal Accountability and Britain's Wars 2000-2015 by Peter Rowe Pdf

This book discusses the manner in which Britain’s wars, which took place between 2000 and 2015, have interacted with the relevant principles of international law and English law for the purpose, primarily, of considering legal accountability. During a debate in the House of Lords in 2005 a former Chief of the Defence Staff commented that ‘the Armed Forces are under legal siege.’ The book will discuss the major legal issues which have arisen, ranging from the various votes in Parliament to go to war, the constitutional relationship between ministers and senior commanders, the right under international law to use force, the influence of human rights law, the role of the courts in England (including the coroners’ courts), to the legal regime applying to the conduct of UK military operations. It will assess critically whether the armed forces will now have to accept that operations conducted outside the UK are subject to greater legal scrutiny than previously and whether, if this is the case, it is likely to hinder their future military activities. This book will be of great interest to scholars of international law, the law of armed conflict, military studies and international relations, as well as to those with a professional or other interest in the subject matter.

British Justice, War Crimes and Human Rights Violations

Susan L. Kemp
British Justice War Crimes and Human Rights Violations Book PDF

Author : Susan L. Kemp
Publisher : Springer Nature
Page : 488 pages
File Size : 42,8 Mb
Release : 2019-09-26
Category : Political Science
ISBN : 9783030141134

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British Justice, War Crimes and Human Rights Violations by Susan L. Kemp Pdf

This book examines the UK approach to investigating international crimes and serious human rights violations. In 2010, the United Nations Secretary General referred to the emerging system of international justice, including the creation of the International Criminal Court, as the ‘Age of Accountability.’ However, the UK has sometimes struggled to comply with its international law obligations. Using examples from the post-World War II period to 2018, interviews with leading UK military lawyers and newly disclosed official documents, this work explains the legal duties, how the UK military and civilian justice systems investigate alleged military misconduct and highlights the challenges involved. It provides suggestions on strengthening domestic law and policy and its importance for the UK’s legitimacy as an exporter of rule of law expertise. This text is essential reading for practitioners, academics, government officials and students of international, criminal, humanitarian or human rights law.

The Oxford Handbook of Comparative Foreign Relations Law

Curtis A. Bradley
The Oxford Handbook of Comparative Foreign Relations Law Book PDF

Author : Curtis A. Bradley
Publisher : Oxford University Press
Page : 992 pages
File Size : 40,9 Mb
Release : 2019-06-07
Category : Law
ISBN : 9780190653354

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The Oxford Handbook of Comparative Foreign Relations Law by Curtis A. Bradley Pdf

This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.

The United States Department of Defense Law of War Manual

Michael A. Newton
The United States Department of Defense Law of War Manual Book PDF

Author : Michael A. Newton
Publisher : Cambridge University Press
Page : 491 pages
File Size : 50,5 Mb
Release : 2019-01-24
Category : Law
ISBN : 9781108427159

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The United States Department of Defense Law of War Manual by Michael A. Newton Pdf

Provides detailed assessments of law applicable to the most difficult problems encountered during modern armed conflicts and coalitions.

War

Andrew Clapham
War Book PDF

Author : Andrew Clapham
Publisher : Oxford University Press
Page : 625 pages
File Size : 55,5 Mb
Release : 2021
Category : Law
ISBN : 9780198810469

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War by Andrew Clapham Pdf

This book provides an accessible and engaging account of the contemporary laws of war. It highlights how, even though war has been outlawed and should be finished as an institution, states continue to claim that they can wage necessary wars of self-defence, engage in lawful killings in war, and imprison law-of-war detainees.

The Handbook of the Law of Visiting Forces

Dieter Fleck
The Handbook of the Law of Visiting Forces Book PDF

Author : Dieter Fleck
Publisher : Oxford University Press
Page : 700 pages
File Size : 54,8 Mb
Release : 2018-04-12
Category : Law
ISBN : 9780192536426

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The Handbook of the Law of Visiting Forces by Dieter Fleck Pdf

The legal position of visiting forces transcends domestic and international law and is of growing importance in our increasingly globalized and insecure world. 'In area' and 'out of area' operations, both for the purpose of establishing and maintaining peace and in connection with the conduct of other military operations and training, are likely to become more frequent for a variety of reasons. Finding where the applicable law places the balance between the interests, sensitivities and needs of the host state and the requirements, often practical in nature, of the visiting force is a key objective in ensuring that the relationship between hosts and 'guests' is and remains harmonious. All of this must be achieved in an increasingly complex legal environment. This fully updated second edition of The Handbook of the Law of Visiting Forces addresses the issues surrounding visiting forces and provides a full overview of the legal framework in which they operate. Through an analysis of jurisprudence and historical developments, it offers a comparative commentary to the UN, NATO, and other SOFA rules. The Handbook then continues its analysis through cases studies of visiting forces in key countries, including a fully updated chapter on Afghanistan that considers the various stages of the conflict , before offering conclusions on the current state of the law and its likely future development.

Human Rights Imperialists

Conall Mallory
Human Rights Imperialists Book PDF

Author : Conall Mallory
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 44,6 Mb
Release : 2020-04-16
Category : Political Science
ISBN : 9781509914746

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Human Rights Imperialists by Conall Mallory Pdf

To what extent do a state's obligations under the European Convention on Human Rights apply beyond its territorial borders? Are soldiers deployed on overseas operations bound by the human rights commitments of their home state? What about other agents, like the police or diplomatic and consular services? If a state's obligations do apply abroad, are they to be upheld in full or should they be tailored to the situation at hand? Few topics have posed more of a challenge for the European Court of Human Rights than this issue of the Convention's extraterritorial application. This book provides a novel understanding on why this is by looking at the behaviour of those principally tasked with interpreting the treaty: the Strasbourg Court, state parties, and national courts. It offers a theory for how these communities operate: what motivates, constrains and ultimately shapes their interpretive practices. Through a detailed analysis of the jurisprudence, with a particular focus on British authorities and judges during and after the Iraq War (2003), the book provides an explanation of how the interpretation of extraterritorial obligations has developed over time and how these obligations are currently understood. Some have argued that it is imperialistic to apply the Convention extraterritorially. If this is the case, the focus of this book is on those 'imperialists' who have interpreted European human rights law to extend beyond a state's borders, as it is with them that any lasting solution to the challenge will be found.

Military Justice

White, Nigel D.
Military Justice Book PDF

Author : White, Nigel D.
Publisher : Edward Elgar Publishing
Page : 392 pages
File Size : 44,7 Mb
Release : 2022-03-10
Category : Law
ISBN : 9781789902808

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Military Justice by White, Nigel D. Pdf

While military law is often narrowly understood and studied as the specific and specialist laws, processes and institutions governing service personnel, this accessible book takes a broader approach, examining military justice from a wider consideration of the rights and duties of government and soldiers engaged in military operations.

The National Security Constitution

Paul F Scott
The National Security Constitution Book PDF

Author : Paul F Scott
Publisher : Bloomsbury Publishing
Page : 431 pages
File Size : 54,5 Mb
Release : 2018-05-17
Category : Law
ISBN : 9781509911028

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The National Security Constitution by Paul F Scott Pdf

This book addresses the various ways in which modern approaches to the protection of national security have impacted upon the constitutional order of the United Kingdom. It outlines and assesses the constitutional significance of the three primary elements of the United Kingdom's response to the possibility of terrorism and other phenomena that threaten the security of the state: the body of counter-terrorism legislation that has grown up in the last decade and a half; the evolving law of investigatory powers; and, to the extent relevant to the domestic constitution, the law and practice governing international military action and co-operation. Following on from this, the author demonstrates that considerations of national security – as a good to be protected and promoted in contemporary Britain – are reflected not merely in the existence of discrete bodies of law by which it is protected at home and abroad, but simultaneously and increasingly leaked into other areas of public law. Elements of the constitution which are not directly and inherently linked to national security nevertheless become (by both accident and design) implicated in the state's national security endeavours, with significant and at times far-reaching consequences for the constitutional order generally. A renewed and strengthened concern for national security since September 2001 has, it is argued, dragged into its orbit a variety of constitutional phenomena and altered them in its image, giving rise to what we might call a national security constitution.

Seeking Justice in International Law

Mauro Barelli
Seeking Justice in International Law Book PDF

Author : Mauro Barelli
Publisher : Routledge
Page : 184 pages
File Size : 41,9 Mb
Release : 2016-04-14
Category : Law
ISBN : 9781317332183

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Seeking Justice in International Law by Mauro Barelli Pdf

Today human rights represent a primary concern of the international legal system. The international community’s commitment to the protection and promotion of human rights, however, does not always produce the results hoped for by the advocates of a more justice-oriented system of international law. Indeed international law is often criticised for, inter alia, its enduring imperial character, incapacity to minimize inequalities and failure to take human suffering seriously. Against this background, the central question that this book aims to answer is whether the adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples points to the existence of an international law that promises to provide valid responses to the demands for justice of disempowered and vulnerable groups. At one level, the book assesses whether international law has responded fairly and adequately to the human rights claims of indigenous peoples. At another level, it explores the relationship between this response and some distinctive features of the indigenous peoples’ struggle for justice, reflecting on the extent to which the latter have influenced and shaped the former. The book draws important conclusions as to the reasons behind international law’s positive recognition of indigenous peoples’ rights, shedding some light on the potential and limits of international law as an instrument of justice. The book will be of great interest to students and scholars of public international law, human rights and social movements.

The Handbook of International Humanitarian Law

Dieter Fleck
The Handbook of International Humanitarian Law Book PDF

Author : Dieter Fleck
Publisher : Oxford University Press
Page : 817 pages
File Size : 45,6 Mb
Release : 2021-02-25
Category : Law
ISBN : 9780192587206

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The Handbook of International Humanitarian Law by Dieter Fleck Pdf

The Handbook of International Humanitarian Law sets out a black letter text of international humanitarian law accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts. This is the fourth edition of this influential and comprehensive handbook. It has been extensively updated and revised, taking into account recent legal developments, such as the 2017 Nuclear Weapons Prohibition Treaty, as well as the ongoing debate on many old and new issues. Areas covered by the book include the notion of direct participation in hostilities; air and missile warfare; military operations in outer space; military cyber operations; belligerent occupation; operational detention; and the protection of the environment in relation to armed conflict. The continuing need to consider borderline issues of the law of armed conflict as well as the interplay of international humanitarian law, human rights law, and other branches of international law is highlighted. This Handbook provides an in-depth understanding of the development and current problems of the law of armed conflicts. It considers legal and policy issues both from the views of academics and military and diplomatic practitioners. Finally - and most importantly - it offers a complete account of activities that should be taken to improve the implementation and enforcement of international humanitarian law.

Latin America and the International Court of Justice

Paula Wojcikiewicz Almeida,Jean-Marc Sorel
Latin America and the International Court of Justice Book PDF

Author : Paula Wojcikiewicz Almeida,Jean-Marc Sorel
Publisher : Taylor & Francis
Page : 326 pages
File Size : 52,9 Mb
Release : 2016-11-25
Category : Law
ISBN : 9781317511366

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Latin America and the International Court of Justice by Paula Wojcikiewicz Almeida,Jean-Marc Sorel Pdf

This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.

The Institutional Structure of Macroprudential Policy in the UK

Kosmas Kaprinis
The Institutional Structure of Macroprudential Policy in the UK Book PDF

Author : Kosmas Kaprinis
Publisher : Springer Nature
Page : 198 pages
File Size : 41,6 Mb
Release : 2023-06-28
Category : Business & Economics
ISBN : 9783031335761

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The Institutional Structure of Macroprudential Policy in the UK by Kosmas Kaprinis Pdf

Macroprudential policy (MPP) has been one of the major initiatives in the post-2008 crisis restructuring of financial regulation. Under the macroprudential mandate, the regulator monitors and judiciously controls systemic risk in the financial system, in an attempt to minimise the probability and severity of a future financial crisis. The book reveals why MPP authorities are rightfully at the centre of a highly sensitive policy debate, as MPP necessitates the allocation of significant regulatory power to technocrats, while the highly technical nature of MPP makes policy evaluation challenging. Specific issues examined include: the importance of financial stability as a public policy goal; the political economy issues stemming from the delegation of MPP to an independent authority; and the definition of accountability in the context of MPP. Focusing on a case study on the Financial Policy Committee of the Bank of England, the macroprudential authority in the UK, the book develops the normative grounds to justify the need for accountability in the conduct of MPP, while also formulating the necessary institutional framework to ensure the accountability of MPP authorities.

Ensuring Respect for International Humanitarian Law

Eve Massingham,Annabel McConnachie
Ensuring Respect for International Humanitarian Law Book PDF

Author : Eve Massingham,Annabel McConnachie
Publisher : Routledge
Page : 221 pages
File Size : 44,5 Mb
Release : 2020-07-20
Category : Law
ISBN : 9780429588754

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Ensuring Respect for International Humanitarian Law by Eve Massingham,Annabel McConnachie Pdf

This book explores the nature and scope of the provision requiring States to ‘ensure respect’ for international humanitarian law (IHL) contained within Common Article 1 of the 1949 Geneva Conventions. It examines the interpretation and application of this provision in a range of contexts, both thematic and country-specific. Accepting the clearly articulated notion of ‘respect’ for IHL, it builds on the existing literature studying the meaning of ‘ensure respect’ and outlines an understanding of the concept in situations such as enacting implementing legislation, diplomatic interactions, regulating private actors, targeting, detaining persons under IHL in non-international armed conflict, protecting civilians (including internally displaced populations) and prosecuting war crimes. It also considers topical issues such as counter-terrorism and foreign fighting. The book will be a valuable resource for practitioners, academics and researchers. It provides much needed practical reflection for States as to what ensuring respect entails, so that governments are able to address these obligations.