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Author : Edward McWhinney
Publisher : Unknown
Page : 128 pages
File Size : 42,8 Mb
Release : 2004
Category : Iraq War, 2003-2011
ISBN : 9047414144
Author : Edward McWhinney
Publisher : Martinus Nijhoff Publishers
Page : 110 pages
File Size : 42,5 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789004141438
The US administration's pursuit in Afghanistan of the terrorists responsible for the September 11th attacks was supported by an international coalition and backed by the legal authority of the UN Security Council Resolutions.
Author : Aidan Hehir,Natasha Kuhrt,Andrew Mumford
Publisher : Routledge
Page : 222 pages
File Size : 52,9 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 : Harvey Langholtz,Boris Kondoch,Alan Wells
Publisher : BRILL
Page : 410 pages
File Size : 55,9 Mb
Release : 2021-11-22
Category : Political Science
ISBN : 9789004208452
International Peacekeeping is devoted to reporting upon and analyzing international peacekeeping with an emphasis upon legal and policy issues, but is not limited to these issues. It is recognized that in today's world there is a wealth of information available from the internet and through other sources. It is therefore the goal of this Yearbook to make this information available in one publication which both organizes and records events over the course of a year through analytical articles, a chronicle, primary documents, and a bibliography. Topics include inter alia peacekeeping, peace, war, conflict resolution, diplomacy, international law, international security, humanitarian relief, humanitarian law, and terrorism. The Yearbook is of scholarly quality but is not narrowly theoretical. It provides the interested public -- diplomats, civil servants, politicians, the military, academics, journalists, NGO employees, and serious citizens -- with a document of record, comment, and a starting point for further research on peacekeeping and related topics. This is achieved not only by the provision of 'basic documents' (on CD ROM), such as Security Council Resolutions and Reports of the UN Secretary- General, but also by expert commentaries on world events. Peacekeeping is treated in a pragmatic light, seen as a form of international military cooperation for the preservation or restoration of international peace and security. Attention is focused not only on UN peacekeeping operations, but other missions as well. This Yearbook is the continuation of the journal International Peacekeeping.
Author : Dr Myra Williamson
Publisher : Ashgate Publishing, Ltd.
Page : 339 pages
File Size : 48,8 Mb
Release : 2013-02-28
Category : Law
ISBN : 9781409496564
This book analyzes the legality of the use of force by the US, the UK and their NATO allies against Afghanistan in 2001. The work challenges the main ground for resorting to force, namely, self-defence under Article 51 of the United Nations' Charter, by examining each element of Article 51 that ought to have been satisfied in order to legitimise the use of force. It also examines the wider context, including comparable Security Council resolutions in historic situations as well as modern instances where force has been used, such as against Iraq in 2003 and against Lebanon in 2006. As well as making the case against the legality of the use of force, the book addresses wider questions such as the meaning of 'terrorism' in international law, the changing nature of conflict in the twentieth and twenty-first centuries including the impact of non-state actors and an overview of terrorism trends as well as the evolution of limitations on the resort to force from the League of Nations through to 2001. The book concludes with some insight into the possible future implications for the use of force by states, particularly when force is purportedly justified on the grounds of self-defence.
Author : Kent Roach
Publisher : McGill-Queen's Press - MQUP
Page : 280 pages
File Size : 42,9 Mb
Release : 2003-04-23
Category : Political Science
ISBN : 9780773571273
In September 11 Kent Roach provides a critical examination of the consequences of September 11 for law, democracy, sovereignty, and security. He assesses a broad range of anti-terrorism measures including the Anti-terrorism Act, the smart border agreement, Canadian participation in the war in Afghanistan, changes to refugee policy, the 2001 Security Budget, and the proposed Public Safety Act. Roach evaluates both the opposition of many civil society groups to the Anti-terrorism Act and the government's defence of the law as necessary to prevent terrorism and consistent with human rights. He warns that exceptions to legal principles made to fight terrorism may spread to attempts to combat other crimes and suggests that Canadian law may not provide adequate protection against invasions of privacy or discriminatory profiling of people as potential terrorists. With reference to controversial comments about September 11 made by Prime Minister Chretien and others and the debate about "anti-Americanism," Roach examines whether September 11 has chilled Canadian democracy. He also examines the challenge September 11 presents for Canadian sovereignty on key components of foreign, military, and immigration policy and the possibility that Canadian Forces participated in violations of international law in Afghanistan. With specific reference to the threat of nuclear and biological terrorism and aviation safety, Roach argues that more emphasis on administrative and technological measures and less emphasis on criminal sanctions and military force may better protect Canadians from both terrorism and other threats to their security.
Author : Christine D. Gray
Publisher : Oxford University Press, USA
Page : 360 pages
File Size : 45,8 Mb
Release : 2004
Category : Aggression (International law).
ISBN : UOM:39015058796064
1. Law and Force; 2. The Prohibition of the Use of Force; 3. Invitation and Intervention: Civil Wars and the Use of Force; 4. Self-defence; 5. Collective Self-defence; 6. The Use of Force against Terrorism: a New War for a New Century; 7. The UN and the Use of Force; 8.
Author : Christine Chinkin,Mary Kaldor
Publisher : Cambridge University Press
Page : 611 pages
File Size : 55,5 Mb
Release : 2017-04-27
Category : History
ISBN : 9781107171213
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Author : Charles W. Kegley,Gregory A. Raymond
Publisher : Unknown
Page : 184 pages
File Size : 55,9 Mb
Release : 2007
Category : Political Science
ISBN : UOM:39015066808026
As the year 2001 unfolded, the United States stood at the apex of global power, possessing unrivalled military capabilities, a vibrant economy, and--most of all--great self-confidence about its security. The terrorist attacks of 9/11 shattered America's prevailing illusions of invulnerability, prompting the world's sole superpower to embark on a revolutionary national strategy that led to a preventive war against Iraq. Will the United States be safer and more secure as a result? This book shows why America's new assertively unilateral foreign policy will actually create perils for the next generation of Americans. Written by two seasoned scholars, After Iraq conducts a sweeping survey of America's present position in the global arena and identifies the opportunities and risks that the United States will likely face once the war in Iraq draws to a close. Kegley and Raymond provide an insightful overview of the U.S. response to the unconventional threats posed by global terrorism as well as a searching assessment of the challenges created by the rise of China and other emerging competitors. They argue that the current course of American foreign policy will harm the country by setting dangerous precedents that undermine the moral and legal restraints--which were built painstakingly over the past century--on when and how states may use force. Drawing upon a rich array of historical parallels and empirical evidence, the book illuminates instances in which previous great powers embarked on similar self-defeating strategies. Like the U.S. today, these states once stood at the pinnacle of world power. But due to misperceptions about what they could accomplish with unilateral, preventive uses of military force, they made short-run decisions that undermined their long-term strategic interests. With Americans facing questions about how to combat global terrorism, how to diffuse the nuclear threats of Iran and North Korea, how to adjust to the growing power of China and India, and how to repair relations with traditional allies, After Iraq charts a path for restoring America's reputation and leadership in the world to strengthen both U.S. and international security in the turbulent decades ahead.
Author : Shirley V. Scott,Anthony John Billingsley,Christopher Michaelsen
Publisher : Bloomsbury Publishing USA
Page : 494 pages
File Size : 51,8 Mb
Release : 2009-11-25
Category : Law
ISBN : 9798216103837
This book is a discussion of key documents that explain the development, current status, and relevance of the international law governing the initiation of military hostilities. International Law and the Use of Force: A Documentary and Reference Guide brings to life a crucial body of law, explaining its historical origins, the core rules and principles of the regime embodied in the Charter of the United Nations, and contentious aspects of that law in the contemporary world. In light of the intensified interest in the question of justified or unjustified use of force, this timely resource introduces and analyzes over 40 documents relating to the legality of the initiation of military hostilities. The volume presents competing assessments of the legality of key uses of force and explains mainstream positions on important issues such as national right to self-defense, anticipatory and preemptive self-defense, terrorism, aggression, and the role of the UN Security Council. The book concludes by assessing whether the international law that seeks to limit the number of wars has in fact made the world a more peaceful place.
Author : Edward McWhinney
Publisher : BRILL
Page : 148 pages
File Size : 40,7 Mb
Release : 2007-09-30
Category : Law
ISBN : 9789047423478
In analysing the contemporary International Law principles as to Self-determination of Peoples, Dr. Edward McWhinney gives a special attention to the crisis of multinational states. A special concluding chapter draws on the empirical record of the historical, often trial-and-error experience of the Succession states to the Versailles treaties settlements and to the assorted acts of Decolonisation of the former European Imperial, Colonial powers.
Author : Lindsay Moir
Publisher : Bloomsbury Publishing
Page : 194 pages
File Size : 40,5 Mb
Release : 2010-01-20
Category : Law
ISBN : 9781847315571
A number of commentators assert that the military response to the terrorist atrocities of 11 September 2001 - encompassing attacks on Afghanistan and Iraq, and commonly referred to as the 'war on terror' - has significantly impacted upon the international law regulating resort to armed force by states (jus ad bellum), loosening the constraints on self-defence. Some even suggest that the very future of the United Nations, in particular the Security Council and its collective security system, is at risk - at least in its current form. This book does not address the question of the future of the United Nations, an issue probably best left to scholars of international relations. Instead, it seeks to place the 'war on terror' within the context of international law, assessing how, or whether, it can be accommodated within the existing legal framework limiting the use of force. Through an examination of the lawfulness (or otherwise) of both Operation Enduring Freedom and Operation Iraqi Freedom, including the legal justifications advanced by those states involved and the reaction of the international community, and involving a detailed discussion of the most important developments (ie, the permissibility of self-defence against non-state, terrorist, actors and the 'Bush doctrine' of pre-emptive self-defence against terrorists as proclaimed in the 2002 US National Security Strategy) the book determines whether, and to what extent, the right to use force - or the acceptability of such military action - is currently undergoing a radical transformation. By assessing subsequent developments illustrating the impact that military action against Afghanistan and Iraq has had on the jus ad bellum, this book represents a distinctive and original contribution to the academic literature.
Author : Alfred Goldberg
Publisher : Office of the Secretary, Historical Offi
Page : 330 pages
File Size : 51,9 Mb
Release : 2007-09-05
Category : Architecture
ISBN : MINN:31951D02370380C
The most comprehensive account to date of the 9/11 attack on the Pentagon and aftermath, this volume includes unprecedented details on the impact on the Pentagon building and personnel and the scope of the rescue, recovery, and caregiving effort. It features 32 pages of photographs and more than a dozen diagrams and illustrations not previously available.
Author : Marja Letho
Publisher : BRILL
Page : 532 pages
File Size : 53,8 Mb
Release : 2009-10-12
Category : Law
ISBN : 9789047444978
The book offers several perspectives to the analysis of the expansion and diversification of international legal responses to terrorism. It focuses, in particular, on the move during the past decade towards more indirect forms of responsibility.
Author : Murray Colin Alder
Publisher : Springer Science & Business Media
Page : 222 pages
File Size : 46,8 Mb
Release : 2012-09-21
Category : Law
ISBN : 9789400748514
Determining the earliest point in time at which international law authorises a state to exercise its inherent right of self-defence is an issue which has been debated, but unsatisfactorily reasoned, by scholars and states since the 1960’s. Yet it remains arguably the most pressing question of law that faces the international community. This book unravels the legal and factual complications which have obscured the answer to this question. In contrast to most other works, it takes an historic approach by tracing the evolution of the rights, rules and principles of international law which have governed the use of force by states since the 16th century. Its emphasis on self-defence provides the reader with a new and complete understanding of how and why the international legal framework limits defensive force to repelling an imminent threat or use of offensive force which is directed at the territory of a state. Taking an historic approach enables this book to resurrect an understanding of the human defensive instinct which has guided the formation of the international law of self-defence. It also explains the true legal nature and scope of the inherent right of self-defence, of anticipatory self-defence and provides a definition of the legal commencement of an armed attack for the purpose of Article 51 of the Charter. Finally, the reader will receive a unique source of research materials and analysis of state practice and of scholarly works concerning self-defence and the use of force since the 16th century, which is suitable for all readers of international law around the world.