The Concept Of Security In International Law

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The Concept of Security in International Law

Hitoshi Nasu
The Concept of Security in International Law Book PDF

Author : Hitoshi Nasu
Publisher : Unknown
Page : 0 pages
File Size : 51,6 Mb
Release : 2022-12-23
Category : Electronic
ISBN : 1959631004

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The Concept of Security in International Law by Hitoshi Nasu Pdf

The concept of security has evolved to reflect contemporary public concerns in a wide range of areas and geographical contexts. The modern discourse of security continues to expand as subjective perceptions of reality change or social conditions and practices evolve. However, the dynamic nature of the political construct of security has the potential to undermine the norms and rules of international law. The rigidity of legal instruments as the means of regulating international relations militates against their flexible adaptation in response to the conceptual evolution of security. The twisted relationship between security and law challenges the fundamental premise of international law that it is capable of providing objective, justifiable solutions to normative problems through the application of legal rules, independent of political considerations and natural morality. This book explores how the concept of security interacts with the rigid framework of international law to test the hypothesis that the system of public order among states is regulated under the rule of law. If international law is meant to govern international relations as a system of law, the rule of law demands that the development and application of legal instruments does not contravene certain fundamental, universal principles as the basis for their legal validity. The quest for the rule of law in international relations must begin by identifying such principles, through a systematic analysis of the practice of international adjudication, as general criteria for delineating the legally valid recourse to the concept of security within the framework of international law.

Collective Security Under International Law

Hans Kelsen
Collective Security Under International Law Book PDF

Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
Page : 284 pages
File Size : 55,8 Mb
Release : 2001
Category : International law
ISBN : 9781584771449

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Collective Security Under International Law by Hans Kelsen Pdf

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.

International Law and Changing Perceptions of Security

Jonas Ebbesson,Marie Jacobsson,Mark Adam Klamberg,David Langlet,Pål Wrange
International Law and Changing Perceptions of Security Book PDF

Author : Jonas Ebbesson,Marie Jacobsson,Mark Adam Klamberg,David Langlet,Pål Wrange
Publisher : Hotei Publishing
Page : 372 pages
File Size : 47,6 Mb
Release : 2014-08-07
Category : Law
ISBN : 9789004274587

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International Law and Changing Perceptions of Security by Jonas Ebbesson,Marie Jacobsson,Mark Adam Klamberg,David Langlet,Pål Wrange Pdf

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.

Security and International Law

Mary E Footer,Julia Schmidt,Nigel D White,Lydia Davies-Bright
Security and International Law Book PDF

Author : Mary E Footer,Julia Schmidt,Nigel D White,Lydia Davies-Bright
Publisher : Bloomsbury Publishing
Page : 389 pages
File Size : 55,7 Mb
Release : 2016-06-16
Category : Law
ISBN : 9781782255895

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Security and International Law by Mary E Footer,Julia Schmidt,Nigel D White,Lydia Davies-Bright Pdf

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?

United Nations Protection of Humanity and Its Habitat

Bertrand G. Ramcharan
United Nations Protection of Humanity and Its Habitat Book PDF

Author : Bertrand G. Ramcharan
Publisher : BRILL
Page : 300 pages
File Size : 55,9 Mb
Release : 2016-08-11
Category : Law
ISBN : 9789004303140

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United Nations Protection of Humanity and Its Habitat by Bertrand G. Ramcharan Pdf

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.

The Oxford Handbook of the International Law of Global Security

Robin Geiß,Nils Melzer
The Oxford Handbook of the International Law of Global Security Book PDF

Author : Robin Geiß,Nils Melzer
Publisher : Oxford University Press
Page : 1200 pages
File Size : 44,6 Mb
Release : 2021-02-16
Category : Law
ISBN : 9780192562180

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The Oxford Handbook of the International Law of Global Security by Robin Geiß,Nils Melzer Pdf

Understanding the global security environment and delivering the necessary governance responses is a central challenge of the 21st century. On a global scale, the central regulatory tool for such responses is public international law. But what is the state, role, and relevance of public international law in today's complex and highly dynamic global security environment? Which concepts of security are anchored in international law? How is the global security environment shaping international law, and how is international law in turn influencing other normative frameworks? The Oxford Handbook of the International Law of Global Security provides a ground-breaking overview of the relationship between international law and global security. It constitutes a comprehensive and systematic mapping of the various sub-fields of international law dealing with global security challenges, and offers authoritative guidance on key trends and debates around the relationship between public international law and global security governance. This Handbook highlights the central role of public international law in an effective global security architecture and, in doing so, addresses some of the most pressing legal and policy challenges of our time. The Handbook features original contributions by leading scholars and practitioners from a wide range of professional and disciplinary backgrounds, reflecting the fluidity of the concept of global security and the diversity of scholarship in this area.

War Law

Michael Byers
War Law Book PDF

Author : Michael Byers
Publisher : Open Road + Grove/Atlantic
Page : 224 pages
File Size : 42,6 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

Collective Security

Nicholas Tsagourias,Nigel D. White
Collective Security Book PDF

Author : Nicholas Tsagourias,Nigel D. White
Publisher : Cambridge University Press
Page : 519 pages
File Size : 52,9 Mb
Release : 2013-10-31
Category : Law
ISBN : 9781107653702

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Collective Security by Nicholas Tsagourias,Nigel D. White Pdf

This analysis of collective security covers its institutional, operational and legal parameters along with the United Nations system, presenting it as a global public order institution for maintaining peace. The authors study its constitutional premises as they are shaped by the forces of law and politics. After an historical account of initiatives and projects for global peace, the authors explain the morphology of collective security as a global public order institution and outline its triggers, institutions, actors, components and tools. They go on to analyse its legal properties and the processes of political, legal and criminal accountability. The analysis and assessment are informed throughout by practice drawn from examples including Korea, Iraq and Libya, and by a wealth of cases from national and international jurisdictions.

Full Protection and Security in International Investment Law

Sebastián Mantilla Blanco
Full Protection and Security in International Investment Law Book PDF

Author : Sebastián Mantilla Blanco
Publisher : Springer Nature
Page : 698 pages
File Size : 53,6 Mb
Release : 2019-10-24
Category : Law
ISBN : 9783030248383

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Full Protection and Security in International Investment Law by Sebastián Mantilla Blanco Pdf

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.

The Oxford Handbook of the International Law of Global Security

Chair of International Law and Security Robin Geiß,Robin Geiß,Nils Melzer,Professor of International Law Nils Melzer
The Oxford Handbook of the International Law of Global Security Book PDF

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 : 54,9 Mb
Release : 2021-02-16
Category : Law
ISBN : 9780198827276

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The Oxford Handbook of the International Law of Global Security by Chair of International Law and Security Robin Geiß,Robin Geiß,Nils Melzer,Professor of International Law Nils Melzer Pdf

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.

Common Security in Outer Space and International Law

Detlev Wolter (jurist.)
Common Security in Outer Space and International Law Book PDF

Author : Detlev Wolter (jurist.)
Publisher : United Nations Publications UNIDIR
Page : 322 pages
File Size : 49,8 Mb
Release : 2006
Category : History
ISBN : UOM:39015063094935

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Common Security in Outer Space and International Law by Detlev Wolter (jurist.) Pdf

This publication explores the concept of common security and the legal foundations for its application in outer space law, based on the premise that outer space is an internationalised common area beyond the national jurisdiction of individual states, and therefore security in space must be the common security of all states. Chapters cover a range of issues including: the principle of the peaceful use of outer space, passive military uses, and multilateral negotiations to prevent an arms race in outer space; structural change of international law and the common heritage of mankind principle; and proposals for a multilateral agreement and the creation of an International Organisation for Common Security in Outer Space.

Women, Peace and Security and International Law

Christine Chinkin
Women Peace and Security and International Law Book PDF

Author : Christine Chinkin
Publisher : Cambridge University Press
Page : 211 pages
File Size : 43,9 Mb
Release : 2022-03-17
Category : Law
ISBN : 9781108483476

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Women, Peace and Security and International Law by Christine Chinkin Pdf

An international legal analysis of the UN Security Council's agenda on Women, Peace and Security (WPS).

Human Security and International Law

Cedric Ryngaert,Math Noortmann
Human Security and International Law Book PDF

Author : Cedric Ryngaert,Math Noortmann
Publisher : Unknown
Page : 0 pages
File Size : 54,7 Mb
Release : 2014
Category : Human security
ISBN : 178068200X

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Human Security and International Law by Cedric Ryngaert,Math Noortmann Pdf

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)

Research Handbook on International Law and Human Security

Gerd Oberleitner
Research Handbook on International Law and Human Security Book PDF

Author : Gerd Oberleitner
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 44,8 Mb
Release : 2022-10-11
Category : Electronic
ISBN : 1800376960

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Research Handbook on International Law and Human Security by Gerd Oberleitner Pdf

This comprehensive Research Handbook considers the place of human security, both in practice and as a concept, within international law, examining the preconditions for and consequences of applying human security to international legal thinking and practice. It also proposes a future international law in which human security is central to the law's purpose. Contributions by leading authors in the field, critically engage with 25 years of human security practice in different areas of international law and explore the challenges, successes and setbacks of realising human security in a state-based international legal order whilst re-conceptualizing central elements of international law, from a human security perspective. Organised around six core themes, the Research Handbook shows how human security can be used as an overarching framework to preserve peace, protect people and counter vulnerability through international law. Progressive and engaging, this Research Handbook will be a key resource for scholars and students of public international law, security, and international relations, who wish to further their knowledge of human security as the central purpose of international law.

International Law, Power, Security and Justice

Serge Sur
International Law Power Security and Justice Book PDF

Author : Serge Sur
Publisher : Hart Publishing
Page : 517 pages
File Size : 45,6 Mb
Release : 2010-10-05
Category : Law
ISBN : 1841139823

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International Law, Power, Security and Justice by Serge Sur Pdf

These collected essays deal with the evolutions and immutabilities of international society and international law during the last 25 years, a period during which these fields of study have undergone many changes. The starting point is that far from operating at different levels or being in conflict, international law and politics are closely intertwined. The book addresses the many different aspects of international law: the role and concept of the State, and the position of States in the international system; the bases, principles and evolution of public international law; questions of international security that still govern international relations; classic and current systems of peace and security maintenance; the standing, role and actions of the UN Security Council; arms control and limitation of armaments; unilateral uses of armed force and the legality of war; and humanitarian law and international criminal justice. The perspective of these essays is not a theoretical or dogmatic vision of international law and politics; rather they are based upon the practices of States in the international arena, and the ways in which the guiding legal rules are elaborated and implemented. These texts have been selected from Professor Sur's various books and numerous articles on international law and relations.