The Laws Of War In International Thought

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War in International Thought

Author : Jens Bartelson
Publisher : Cambridge University Press
Page : 253 pages
File Size : 43,5 Mb
Release : 2018
Category : History
ISBN : 9781108419352

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War in International Thought by Jens Bartelson Pdf

Describes how assumptions about the nature of war have shaped our understanding of the modern world and the role of war within it.

The Laws of War in International Thought

Author : Pablo Kalmanovitz
Publisher : Oxford University Press, USA
Page : 209 pages
File Size : 43,8 Mb
Release : 2020-09-14
Category : Law
ISBN : 9780198790259

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The Laws of War in International Thought by Pablo Kalmanovitz Pdf

Two broad competing normative conceptions of war can be distinguished in the history of legal and political thought. The first and nowadays more familiar belongs to the tradition of "just war." It sees war as an instrument of justice, indeed the most extreme form of supra-national lawenforcement, justified only in the most serious cases of violation of right. The second conception has been labelled "lawful", "legitimate", or "regular war", where war is not enforcement of justice, but a legally regulated procedure governing the pursuit of conflicting legitimate claims amongequal and autonomous political entities.This book sheds light on the relationship between law and morals in armed conflict, and can be read as a historical argument against the disappearance of the regular war concept. Kalmanovitz highlights three important contemporary challenges: the juridification of aggression and the "turn to ethics"in international law; the progressive individualization of war; and the predominance of asymmetrical warfare and armed nonstate actors.This study of the regular war tradition brings historical and theoretical perspective to these recent conceptual transformations, which undermine the fundamental and long-standing distinction between war and police action. It contributes to clarify the stakes in the erosion of internationalpluralism and the normative depoliticization of war. In revisiting the regular war tradition, a clearer sense of these ongoing transformations is realised, inspiring fresh perspectives on the justifiability of war.

The Laws of War in International Thought

Author : Pablo Kalmanovitz
Publisher : Oxford University Press
Page : 176 pages
File Size : 49,9 Mb
Release : 2020-09-15
Category : Law
ISBN : 9780192507419

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The Laws of War in International Thought by Pablo Kalmanovitz Pdf

The Law of Armed Conflict is usually understood to be a regime of exception that applies only during armed conflict and regulates hostilities among enemies. It assigns privileges to states far beyond what they are allowed to do in peacetime, and it mandates certain protections for non-combatants, which can often be defeated by appeals to military necessity or advantage. The Laws of War in International Thought examines the intellectual history of the laws of war before their codification. It reconstructs the processes by which political and legal theorists built the laws' distinctive vocabularies and legitimized some of their broadest permissions, and it situates these processes within the broader intellectual project that from early modernity spelled out the nature, function, and powers of state sovereignty. The book focuses on four historical moments in the intellectual history of the laws of war: the doctrine of just war in Spanish scholasticism; Hugo Grotius's theory of solemn war; the Enlightenment theory of regular war; and late nineteenth-century humanitarianism. By looking at these moments, Pablo Kalmanovitz shows how challenging and polemical it has been for international theorists to justify the exceptional and permissive character of the laws of war. In this way, he contributes to recover a sense of the historical foundations and many still problematic aspects of the Law of Armed Conflict.

War, States, and International Order

Author : Claire Vergerio
Publisher : Cambridge University Press
Page : 319 pages
File Size : 48,9 Mb
Release : 2022-08-04
Category : Political Science
ISBN : 9781009116862

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War, States, and International Order by Claire Vergerio Pdf

Who has the right to wage war? The answer to this question constitutes one of the most fundamental organizing principles of any international order. Under contemporary international humanitarian law, this right is essentially restricted to sovereign states. It has been conventionally assumed that this arrangement derives from the ideas of the late-sixteenth century jurist Alberico Gentili. Claire Vergerio argues that this story is a myth, invented in the late 1800s by a group of prominent international lawyers who crafted what would become the contemporary laws of war. These lawyers reinterpreted Gentili's writings on war after centuries of marginal interest, and this revival was deeply intertwined with a project of making the modern sovereign state the sole subject of international law. By uncovering the genesis and diffusion of this narrative, Vergerio calls for a profound reassessment of when and with what consequences war became the exclusive prerogative of sovereign states.

On War

Author : Carl von Clausewitz
Publisher : Strelbytskyy Multimedia Publishing
Page : 128 pages
File Size : 54,5 Mb
Release : 2018-11-09
Category : Fiction
ISBN : PKEY:SMP2300000060713

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On War by Carl von Clausewitz Pdf

On War is a treatise about a military art which Prussian officer Carl Philipp Gottflib von Clausewitz had been working on for 15 years. It is commonly believed that Clausewitz’s treatise had a greater impact on military leaders of the late XIX and XX centuries than any other book. In reality, this book is an overturn in the war theory. The work is notable for its brightness, narration details as well as hard criticism of many war events. The author dedicates a special place in his work to politics, its influence on the war events, the dependence how the war finishes on powers and weaknesses of particular politicians and military leaders. There is a good reason why his famous phrase “the war is the continuation of the politics, but with other, strong arm methods” is still relevant.

The Law of Armed Conflict

Author : Geoffrey S. Corn,Victor Hansen,Richard Jackson,M. Christopher Jenks,Eric Talbot Jensen,James A. Schoettler
Publisher : Aspen Publishing
Page : 744 pages
File Size : 50,6 Mb
Release : 2018-09-14
Category : Law
ISBN : 9781543802917

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The Law of Armed Conflict by Geoffrey S. Corn,Victor Hansen,Richard Jackson,M. Christopher Jenks,Eric Talbot Jensen,James A. Schoettler Pdf

The Law of Armed Conflict provides a complete operational scenario and introduction to the operational organization of United States forces. The focus remains on United States law perspective, balanced with exposure to areas where the interpretation of its allied forces diverge. Jus ad bellum and jus in bello issues are addressed at length. The casebook comes to students with stunning authority. All of the authors are active or retired United States Army officers with more than 140 years of collective military operational experience among them. Several have experience in both legal and operational assignments as well. They deliver a comprehensive coverage of all aspects of the law of armed conflict, explaining the difference between law and policy in regulation of military operations.

Law and Sentiment in International Politics

Author : David Traven
Publisher : Cambridge University Press
Page : 327 pages
File Size : 50,8 Mb
Release : 2021-07
Category : Law
ISBN : 9781108845007

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Law and Sentiment in International Politics by David Traven Pdf

Traven argues that universal moral beliefs and emotions shaped the evolution of international laws that protect civilians in war.

The Persistence of Reciprocity in International Humanitarian Law

Author : Bryan Peeler
Publisher : Cambridge University Press
Page : 227 pages
File Size : 45,9 Mb
Release : 2019-10-24
Category : Law
ISBN : 9781108486699

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The Persistence of Reciprocity in International Humanitarian Law by Bryan Peeler Pdf

An evaluation of the importance of reciprocity in considering states' legal obligations in armed conflicts.

A Scrap of Paper

Author : Isabel V. Hull
Publisher : Cornell University Press
Page : 462 pages
File Size : 50,6 Mb
Release : 2014-04-16
Category : History
ISBN : 9780801470646

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A Scrap of Paper by Isabel V. Hull Pdf

In A Scrap of Paper, Isabel V. Hull compares wartime decision making in Germany, Great Britain, and France, weighing the impact of legal considerations in each. She demonstrates how differences in state structures and legal traditions shaped the way the three belligerents fought the war. Hull focuses on seven cases: Belgian neutrality, the land war in the west, the occupation of enemy territory, the blockade, unrestricted submarine warfare, the introduction of new weaponry, and reprisals. A Scrap of Paper reconstructs the debates over military decision-making and clarifies the role law played—where it constrained action, where it was manipulated, where it was ignored, and how it developed in combat—in each case. A Scrap of Paper is a passionate defense of the role that the law must play to govern interstate relations in both peace and war.

Law and War

Author : Austin Sarat,Lawrence Douglas,Martha Merrill Umphrey
Publisher : Stanford University Press
Page : 248 pages
File Size : 51,6 Mb
Release : 2014-01-08
Category : Law
ISBN : 9780804788861

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Law and War by Austin Sarat,Lawrence Douglas,Martha Merrill Umphrey Pdf

Law and War explores the cultural, historical, spatial, and theoretical dimensions of the relationship between law and war—a connection that has long vexed the jurisprudential imagination. Historically the term "war crime" struck some as redundant and others as oxymoronic: redundant because war itself is criminal; oxymoronic because war submits to no law. More recently, the remarkable trend toward the juridification of warfare has emerged, as law has sought to stretch its dominion over every aspect of the waging of armed struggle. No longer simply a tool for judging battlefield conduct, law now seeks to subdue warfare and to enlist it into the service of legal goals. Law has emerged as a force that stands over and above war, endowed with the power to authorize and restrain, to declare and limit, to justify and condemn. In examining this fraught, contested, and evolving relationship, Law and War investigates such questions as: What can efforts to subsume war under the logic of law teach us about the aspirations and limits of law? How have paradigms of law and war changed as a result of the contact with new forms of struggle? How has globalization and continuing practices of occupation reframed the relationship between law and war?

War and the Law of Nations

Author : Stephen C. Neff
Publisher : Cambridge University Press
Page : 128 pages
File Size : 40,6 Mb
Release : 2005-08-04
Category : Law
ISBN : 9781139445238

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War and the Law of Nations by Stephen C. Neff Pdf

This ambitious 2005 volume is a history of war, from the standpoint of international law, from the beginning of history to the present day. Its primary focus is on legal conceptions of war as such, rather than on the substantive or technical aspects of the law of war. It tells the story, in narrative form, of the interplay, through the centuries, between, on the one hand, legal ideas about war and, on the other hand, state practice in warfare. Its coverage includes reprisals, civil wars, UN enforcement and the war on terrorism. This book will interest historians, students of international relations and international lawyers.

Documents on the Laws of War

Author : Adam Roberts,Richard Guelff
Publisher : Oxford University Press, USA
Page : 509 pages
File Size : 42,9 Mb
Release : 1989
Category : Humanitäres Völkerrecht - Quelle
ISBN : 0198256574

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Documents on the Laws of War by Adam Roberts,Richard Guelff Pdf

The first edition of this book became a standard work in the field, and it has been extensively revised and updated for the second edition. It is prepared with assistance from the official Depositaries of the various international agreements, and is an essential reference book for statesmen and diplomats, lawyers, journalists, and students of international relations and law. From reviews of the first edition: `Roberts and Guelff rely on the documents to speak for themselves, and are right to do so. Their becoming generally available in this neat and usable form is an event of much importance for all who take a serious interest in humanitarian law and endeavour, and the limitation of men's violence towards men.'New Society

Routledge Handbook of the Law of Armed Conflict

Author : Rain Liivoja,Tim McCormack
Publisher : Routledge
Page : 968 pages
File Size : 50,9 Mb
Release : 2016-04-28
Category : Law
ISBN : 9781136028885

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Routledge Handbook of the Law of Armed Conflict by Rain Liivoja,Tim McCormack Pdf

The law of armed conflict is a key element of the global legal order yet it finds itself in a state of flux created by the changing nature of warfare and the influences of other branches of international law. The Routledge Handbook of the Law of Armed Conflict provides a unique perspective on the field covering all the key aspects of the law as well as identifying developing and often contentious areas of interest. The handbook will feature original pieces by international experts in the field, including academics, staff of relevant NGOs and (former) members of the armed forces. Made up of six parts in order to offer a comprehensive overview of the field, the structure of the handbook is as follows: Part I: Fundamentals Part II: Principle of distinction Part III: Means and methods of warfare Part IV: Special protection regimes Part V: Compliance and enforcement Part VI: Some contemporary issues Throughout the book, attention is paid to non-international conflicts as well as international conflicts with acknowledgement of the differences. The contributors also consider the relationship between the law of armed conflict and human rights law, looking at how the various rules and principles of human rights law interact with specific rules and principles of international humanitarian law in particular circumstances. The Routledge Handbook of the Law of Armed Conflict provides a fresh take on the contemporary laws of war and is written for advanced level students, academics, researchers, NGOs and policy-makers with an interest in the field.

The Justification of War and International Order

Author : Lothar Brock,Hendrik Simon
Publisher : Oxford University Press
Page : 560 pages
File Size : 42,7 Mb
Release : 2021-02-11
Category : Law
ISBN : 9780192634634

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The Justification of War and International Order by Lothar Brock,Hendrik Simon Pdf

The history of war is also a history of its justification. The contributions to this book argue that the justification of war rarely happens as empty propaganda. While it is directed at mobilizing support and reducing resistance, it is not purely instrumental. Rather, the justification of force is part of an incessant struggle over what is to count as justifiable behaviour in a given historical constellation of power, interests, and norms. This way, the justification of specific wars interacts with international order as a normative frame of reference for dealing with conflict. The justification of war shapes this order, and is being shaped by it. As the justification of specific wars entails a critique of war in general, the use of force in international relations has always been accompanied by political and scholarly discourses on its appropriateness. In much of the pertinent literature the dominating focus is on theoretical or conceptual debates as a mirror of how international normative orders evolve. In contrast, the focus of the present volume is on theory and political practice as sources for the re- and de-construction of the way in which the justification of war and international order interact. With contributions from international law, history, and international relations, and from Western and non-Western perspectives, this book offers a unique collection of papers exploring the continuities and changes in war discourses as they respond to and shape normative orders from early modern times to the present.

International Humanitarian Law

Author : Marco Sassòli
Publisher : Edward Elgar Publishing
Page : 796 pages
File Size : 42,6 Mb
Release : 2024-02-12
Category : Law
ISBN : 9781800886919

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International Humanitarian Law by Marco Sassòli Pdf

In this thoroughly updated second edition of what has quickly become the definitive text in the field of international humanitarian law (IHL), leading expert Marco Sassòli evaluates the application of IHL, the way in which hostilities should be conducted against an adversary, and the pertinence of traditional distinctions, such as that between international and non-international armed conflicts.