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Author : Christine Chinkin
Publisher : Cambridge University Press
Page : 211 pages
File Size : 44,9 Mb
Release : 2022-03-17
Category : Law
ISBN : 9781108483476
An international legal analysis of the UN Security Council's agenda on Women, Peace and Security (WPS).
Author : Bertrand G. Ramcharan
Publisher : BRILL
Page : 300 pages
File Size : 51,7 Mb
Release : 2016-08-11
Category : Law
ISBN : 9789004303140
This book is a study of the future of international law as well as the future of the United Nations. It is the first study ever bringing together the laws, policies and practices of the UN for the protection of the earth, the oceans, outer space, human rights, victims of armed conflicts and of humanitarian emergencies, the poor, the vulnerable and the disadvantaged world-wide. It reviews unprecedented dangers and challenges facing humanity such as climate change and weapons of mass destruction, and argues that the international law of the future must become an international law of security and of protection. It submits that the concept of international security in the UN Charter can no longer be restricted to situations of armed conflict but must be given its natural meaning: whatever threatens the security of humanity. It calls for the Security Council to perform its role as the guardian of the security of humankind and sees a leadership role for the UN Secretary-General in analysing and presenting challenges of international security and protection to the Security Council for its attention.
Author : Mary E Footer,Julia Schmidt,Nigel D White,Lydia Davies-Bright
Publisher : Bloomsbury Publishing
Page : 389 pages
File Size : 53,8 Mb
Release : 2016-06-16
Category : Law
ISBN : 9781782255895
Of the many challenges that society faces today, possibly none is more acute than the security of ordinary citizens when faced with a variety of natural or man-made disasters arising from climate and geological catastrophes, including the depletion of natural resources, environmental degradation, food shortages, terrorism, breaches of personal security and human security, or even the global economic crisis. States continue to be faced with a range of security issues arising from contested territorial spaces, military and maritime security and security threats relating to energy, infrastructure and the delivery of essential services. The theme of the book encompasses issues of human, political, military, socio-economic, environmental and energy security and raises two main questions. To what extent can international law address the types of natural and man-made security risks and challenges that threaten our livelihood, or very existence, in the twenty-first century? Where does international law fall short in meeting the problems that arise in different situations of insecurity and how should such shortcomings be addressed?
Author : Jonas Ebbesson,Marie Jacobsson,Mark Adam Klamberg,David Langlet,Pål Wrange
Publisher : Hotei Publishing
Page : 372 pages
File Size : 41,8 Mb
Release : 2014-08-07
Category : Law
ISBN : 9789004274587
The traditional conception of security as national security against military threats has changed radically since the adoption of the UN Charter in 1945. The perceived nature and sources of threats have been widened as well as the objects of protection, now including individuals, societies, the environment as such and the whole globe. In International Law and Changing Perceptions of Security the contributors reflect on whether and how changing concepts and conceptions of security have affected different fields of international law, such as the use of force, the law of the sea, human rights, international environmental law and international humanitarian law. The authors of this book have been inspired by Professor Said Mahmoudi to which this Liber Amoricum is dedicated.
Author : Cedric Ryngaert,Math Noortmann
Publisher : Unknown
Page : 0 pages
File Size : 40,7 Mb
Release : 2014
Category : Human security
ISBN : 178068200X
In 1994, the United Nations Development Program (UNDP) coined the term 'human security' in the seminal UNDP Human Development Report. This report approached 'security' for the first time from a holistic perspective: security would no longer be viewed from a purely military perspective, but rather it would encapsulate economic, food, health, environmental, personal, community, and political security. Although the concept of human security accords a higher status to individual interests rather than to governmental interests, human security discourses have continually emphasized the central role of States as providers of human security. This volume challenges this paradigm and highlights the part played by non-State actors in threatening human security, as well as in rescuing or providing relief to those whose human security is endangered. The book does so from a legal perspective, (international) law being one of the instruments used to realize human security, as well as being a material source or guiding principle for the formation of human security-enhancing policies. In particular, the book critically discusses how various non-State actors - such as armed opposition groups, multinational corporations, private military/security companies, non-governmental organizations, and national human rights institutions - participate in the construction of such policies and how they are held legally accountable for their adverse impact on human security. (Series: International Law - Vol. 12)
Author : Aidan Hehir,Natasha Kuhrt,Andrew Mumford
Publisher : Routledge
Page : 222 pages
File Size : 47,7 Mb
Release : 2014-02-04
Category : History
ISBN : 9781136719615
This book examines the different ways in which the laws governing the use of force and the conduct of warfare have become subject to intense scrutiny and contestation since the initiation of the war on terror. Since the end of the Cold War, the nature of security challenges has changed radically and this change has been recognised by the UN, governments and academics around the world. The 911 attacks and the subsequent launch of the 'war on terror' added a new dimension to this debate on the nature and utility of international law due to the demands from some quarters for a change in the laws governing self-defence and humanitarian intervention. This book analyses the nature of these debates and focuses on key issues that have led to the unprecedented contemporary questioning of both the utility and composition of international law on the use of force as well as the practicability of using force, including handling of ‘prisoners’ and ‘security risks’. It also identifies the sources of division and addresses the capacities of security policy and international law to adapt to the changed international environment. This book will of much interest to students of international law, war and conflict studies, and IR and Security Studies in general.
Author : Sebastián Mantilla Blanco
Publisher : Springer Nature
Page : 698 pages
File Size : 50,9 Mb
Release : 2019-10-24
Category : Law
ISBN : 9783030248383
This book provides a comprehensive study of the standard of ‘full protection and security’ (FPS) in international investment law. Ever since the Germany-Pakistan BIT of 1959, almost every investment agreement has included an FPS clause. FPS claims refer to the most diverse factual settings, from terrorist attacks to measures concerning concession contracts. Still, the FPS standard has received far less scholarly attention than other obligations under international investment law. Filling that gap, this study examines the evolution of FPS from its medieval roots to the modern age, delimits the scope of FPS in customary international law, and analyzes the relationship between FPS and the concept of due diligence in the law of state responsibility. It additionally explores the interpretation and application of FPS clauses, drawing particular attention to the diverse wording used in investment treaties, the role ascribed to custom, and the interplay between FPS and other treaty-based standards. Besides delivering a detailed analysis of the FPS standard, this book also serves as a guide to the relevant sources, providing an overview of numerous legal instruments, examples of state practice, arbitral decisions, and related academic publications about the standard.
Author : Chair of International Law and Security Robin Geiß,Robin Geiß,Nils Melzer,Professor of International Law Nils Melzer
Publisher : Oxford University Press, USA
Page : 1197 pages
File Size : 43,8 Mb
Release : 2021-02-16
Category : Law
ISBN : 9780198827276
On a global scale, the central tool for responding to complex security challenges is public international law. This handbook provides a comprehensive and systematic overview of the relationship between international law and global security.
Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
Page : 284 pages
File Size : 49,9 Mb
Release : 2001
Category : International law
ISBN : 9781584771449
Washington, D.C.: United States Government Printing Office, 1957. vi, 275 pp. Reprinted 2001, 2011. The noted jurist Hans Kelsen advances his theory that collective security is "...an essential function of law, national as well as international, and that, therefore, there exists an intrinsic connection between international security and international law; in other terms, that collective security of the state is, just as collective security of the individual within the state, by its very nature a legal problem." Foreword p. ii. "Professor Kelsen's high standing as a scholar is sufficient to commend in advance any volume that comes from his pen. But in this case he has chosen a subject that will at once challenge attention. The main function of the volume, in the words of the author, 'is to show that collective security is an essential function of law,' that it is 'by its very nature a legal problem.' A generation ago there were many in high places to contest the thesis. Today the bitter lesson of two world wars has established the principle for practical purposes, in spite of the difficulty of putting it into practice. But the legal aspects of the thesis remain to be clarified, and this is what Professor Kelsen does with all his power of legal analysis and systematic presentation. (...) [We] must be grateful for what we are given, an acute analysis of a fundamental principle, the applications of which we can make from our own knowledge of recent history." --C. G. Fenwick, American Journal of International Law 52 (1958) 811.
Author : Michael Wood,Eran Sthoeger
Publisher : Cambridge University Press
Page : 251 pages
File Size : 42,6 Mb
Release : 2022-06-09
Category : Law
ISBN : 9781108613644
The UN Security Council and International Law explores the legal powers, limits and potential of the United Nations Security Council, offering a broadly positive (and positivist) account of the Council's work in practice. This book aims to answer questions such as 'when are Council decisions binding and on whom?', 'what legal constraints exist on Council decision making?' and 'how far is the Council bound by international law?'. Defining the controlling legal rules and differentiating between what the Council can do, as opposed to what it should do as a matter of policy, this book offers both a tool for assessment of the Council as well as realistic solutions to address its deficiencies, and, most importantly, evaluates its potential for maintaining international peace and security, to the benefit of us all.
Author : Michael Byers
Publisher : Open Road + Grove/Atlantic
Page : 224 pages
File Size : 50,9 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 : Michael J. Glennon
Publisher : Stanford Law Books
Page : 280 pages
File Size : 49,6 Mb
Release : 2010
Category : Law
ISBN : STANFORD:36105215207593
"A most timely contribution that provokes important reflections, whatever one's perspective on the rule of law or the limits of international law. This book deserves to be read widely in the United States and, even more so, beyond its shores, to understand the politics of pragmatism."---Philippe Sands, University College London --
Author : Erika Calazans
Publisher : Cambridge Scholars Publishing
Page : 175 pages
File Size : 46,8 Mb
Release : 2016-05-11
Category : Law
ISBN : 9781443893954
This book’s primary concern is the application of International Humanitarian Law and International Human Rights Law in addressing the business conduct of Private Military and Security Companies (PMSCs) during armed conflicts, as well as state responsibility for human rights violations and current attempts at international regulation. The book discusses four interconnected themes. First, it differentiates private contractors from mercenaries, presenting an historical overview of private violence. Second, it situates PMSCs’ employees under the legal status of civilian or combatant in accordance with the Third and Fourth Geneva Conventions of 1949. It then investigates the existing law on state responsibility and what sort of responsibility companies and their employees can face. Finally, the book explores current developments on regulation within the industry, on national, regional and international levels. These themes are connected by the argument that, in order to find gaps in the existing laws, it is necessary to establish what they are, what law is applicable and what further developments are needed.
Author : Natalie Klein,Joanna Mossop,Donald R. Rothwell
Publisher : Routledge
Page : 304 pages
File Size : 51,5 Mb
Release : 2009-10-16
Category : Law
ISBN : 9781135268268
This volume identifies those issues that affect Australia and New Zealand's maritime security, evaluating the issues from legal and political perspectives, as well as examining the issues within the broad framework of international law and politics.€The book also addresses considerations in the Pacific, Asian and Antarctic regions.
Author : Nigel D. White,Christian Henderson
Publisher : Edward Elgar Publishing
Page : 699 pages
File Size : 55,6 Mb
Release : 2013-01-01
Category : Political Science
ISBN : 9781849808576
ÔFeaturing some of the fieldÕs most expert thinkers, this is an adroitly constructed volume of essays in Òconflict and security lawÓ. The writing here offers a distillation of the major legal projects in the area while dissolving some of international lawÕs most rigid demarcations (e.g. between war and peace, or the jus ad bellum and jus in bello).Õ Ð Gerry Simpson, University of Melbourne, Australia ÔA most important and timely collection of essays that places the established international rules in their modern and challenging of context.Õ Ð Philippe Sands QC, University College London, UK ÔEvents of the past fifteen years have sharpened the focus on well-known issues in international conflict and security law. What responses to international terrorism are permissible? Can humanitarian intervention be justified under international law? The Research Handbook on International Conflict and Security Law addresses these and other debates across the areas of conflict prevention, use of force and post-conflict reconstruction, with the critical insight for which the contributors are known.Õ Ð James Crawford, University of Cambridge, UK This innovative Research Handbook brings together leading international law scholars from around the world to discuss and highlight the contemporary debate regarding issues of conflict prevention and the legality of resorting to the use of armed force through to those arising during an armed conflict and in the phase between conflict and peace. The Handbook covers key conceptual topics drawn from across the three areas of jus ad bellum, jus in bello and jus post bellum. The subject matter of the included chapters range from conflict prevention through to reparation and compensation, via coverage of issues such as disarmament, the role of the Security Council, self-defence, humanitarian intervention and the responsibility to protect, targets, war crimes, private military contractors, peacekeeping, and the protection of human rights. Being the first to examine topics under these areas in one volume, the book will be of interest to scholars, academics, postgraduate and research students as well as government lawyers from various disciplinary backgrounds looking for a contemporary grounding in issues under the broad theme of international conflict and security law.
