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Author : Jens David Ohlin
Publisher : Unknown
Page : 418 pages
File Size : 55,8 Mb
Release : 2016
Category : Human rights
ISBN : 1316682609
A theoretical examination of the tense and uncertain relationship between the laws of war and human rights law.
Author : Chandra Lekha Sriram,Olga Martin-Ortega,Johanna Herman
Publisher : Routledge
Page : 353 pages
File Size : 43,5 Mb
Release : 2017-08-02
Category : Law
ISBN : 9781351999595
War, Conflict and Human Rights is an innovative inter-disciplinary textbook, combining aspects of law, politics and conflict analysis to examine the relationship between human rights and armed conflict. This third edition has been fully revised and updated, and contains a completely new chapter on business, conflict and human rights. Making use of both theoretical and practical approaches, the authors: examine the tensions and complementarities between protection of human rights and resolution of conflict – the competing political demands and the challenges posed by internal armed conflict and the increasing role of nonstate actors, including corporations, in armed conflicts; explore the scope and effects of human rights violations in contemporary armed conflicts, such as in Sierra Leone, Sudan, South Sudan, the Democratic Republic of Congo and the former Yugoslavia; assess the legal and institutional accountability mechanisms developed in the wake of armed conflict to punish violations of human rights law and international humanitarian law such as the ad hoc tribunals for the former Yugoslavia and Rwanda, hybrid or internationalized tribunals and the International Criminal Court; discuss continuing and emergent global trends and challenges in the fields of human rights and conflict analysis. This volume will be essential reading for students of war and conflict studies, human rights and international humanitarian law, and highly recommended for students of conflict resolution, peacebuilding, international security, transitional justice and international relations generally.
Author : Jens David Ohlin
Publisher : Cambridge University Press
Page : 417 pages
File Size : 49,5 Mb
Release : 2016-08-04
Category : Law
ISBN : 9781107137936
A theoretical examination of the tense and uncertain relationship between the laws of war and human rights law.
Author : Kenneth Watkin OMM, CD, QC
Publisher : Oxford University Press
Page : 456 pages
File Size : 48,7 Mb
Release : 2016-05-03
Category : Law
ISBN : 9780190457990
The international law governing armed conflict is at a crossroads, as the formal framework of laws designed to control the exercise of self-defense and conduct of inter-state conflict finds itself confronted with violent 21st Century disputes of a very different character. Military practitioners who seek to stay within the bounds of international law often find themselves applying bodies of law-IHRL, IHL, ICL-in an exclusionary fashion, and adherence to those boundaries can lead to a formal and often rigid application of the law that does not adequately address contemporary security challenges. Fighting at the Legal Boundaries offers a holistic approach towards the application of the various constitutive parts of international law. The author focuses on the interaction between the applicable bodies of law by exploring whether their boundaries are improperly drawn, or are being interpreted in too rigid a fashion. Emphasis is placed on the disconnect that can occur between theory and practice regarding how these legal regimes are applied and interact with one another. Through a number of case studies, Fighting at the Legal Boundaries explores how the threat posed by insurgents, terrorists, and transnational criminal gangs often occurs not only at the point where these bodies of law interact, but also in situations where there is significant overlap. In this regard, the exercise of the longstanding right of States to defend nationals, including the conduct of operations such as hostage rescue, can involve the application of human rights based law enforcement norms to counter threats transcending the conflict spectrum. This book has five parts: Part I sets out the security, legal, and operational challenges of contemporary conflict. Part II focuses on the interaction between the jus ad bellum, humanitarian law and human rights, including an analysis of the historical influences that shaped their application as separate bodies of law. Emphasis is placed on the influence the proper authority principle has had in the human rights based approach being favored when dealing with "criminal" non-State actors during both international and non-international armed conflict. Part III analyzes the threats of insurgency and terrorism, and the state response. This includes exploring their link to criminal activity and the phenomenon of transnational criminal organizations. Part IV addresses the conduct of operations against non-State actors that span the conflict spectrum from inter-state warfare to international law enforcement. Lastly, Part V looks at the way ahead and discusses the approaches that can be applied to address the evolving, diverse and unique security threats facing the international community.
Author : Kenneth Watkin
Publisher : Oxford University Press
Page : 729 pages
File Size : 51,9 Mb
Release : 2016
Category : Law
ISBN : 9780190457976
"Fighting at the Legal Boundaries offers a holistic approach towards the application of the various constitutive parts of international law. The author focuses on the interaction between the applicable bodies of law by exploring whether their boundaries are improperly drawn, or are being interpreted in too rigid a fashion. Emphasis is placed on the disconnect that can occur between theory and practice regarding how these legal regimes are applied and interact with one another. Through a number of case studies, Fighting at the Legal Boundaries explores how the threat posed by insurgents, terrorists, and transnational criminal gangs often occurs not only at the point where these bodies of law interact, but also in situations where there is significant overlap. In this regard, the exercise of the longstanding right of States to defend nationals, including the conduct of operations such as hostage rescue, can involve the application of human rights based law enforcement norms to counter threats transcending the conflict spectrum." --
Author : Maya Brehm
Publisher : Unknown
Page : 71 pages
File Size : 53,5 Mb
Release : 2017
Category : Electronic
ISBN : 2970100339
Author : Anton O. Petrov
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 48,6 Mb
Release : 2020-06-26
Category : Law
ISBN : 9781789907599
Over recent decades, international humanitarian law has been shaped by the omnipresence of so-called expert manuals. Astute and engaging, this discerning book provides a comprehensive account of these black letter rules and commentaries produced by private expert groups and demonstrates why the general acceptance of these expert manuals is largely unjustified. The author innovatively links interdisciplinary insights to the needs of military lawyers in practice, showing the pitfalls of relying on private manuals as arguable restatements and interpretations of the law 'as it is'.
Author : Jens Iverson
Publisher : BRILL
Page : 372 pages
File Size : 47,9 Mb
Release : 2021-05-31
Category : Law
ISBN : 9789004331044
In Jus Post Bellum, Jens Iverson provides for the first time the Just War foundations of the concept, reveals the function of jus post bellum, and integrates the law that governs the transition from armed conflict to peace.
Author : Bardo Fassbender,Knut Traisbach
Publisher : Oxford University Press, USA
Page : 417 pages
File Size : 55,9 Mb
Release : 2019-11-26
Category : Law
ISBN : 9780198824756
What are the limits of human rights, and what do these limits mean? This volume engages critically and constructively with this question to provide a distinct contribution to the contemporary discussion on human rights. Fassbender and Traisbach, along with a group of leading experts in the field, examine the issue from multiple disciplinary perspectives, analysing the limits of our current discourse of human rights. It does so in an original way, and without attempting to deconstruct, or deny, human rights. Each contribution is supplemented by an engaging comment which furthers this important discussion. This combination of perspectives paves the way for further thought for scholars, practitioners, students, and the wider public. Ultimately, this volume provides an exceptionally rich spectrum of viewpoints and arguments across disciplines to offer fresh insights into human rights and its limitations.
Author : Susan L. Kemp
Publisher : Springer Nature
Page : 488 pages
File Size : 41,6 Mb
Release : 2019-09-26
Category : Political Science
ISBN : 9783030141134
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.
Author : Lawrence Hill-Cawthorne
Publisher : Oxford University Press
Page : 300 pages
File Size : 48,8 Mb
Release : 2016-03-24
Category : Law
ISBN : 9780191067013
International law has long differentiated between international and non-international armed conflicts, traditionally regulating the former far more comprehensively than the latter. This is particularly stark in the case of detention, where the law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released. Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan. This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, with the focus on preventive security detention, or 'internment'. All relevant areas of international law, most notably international humanitarian law and international human rights law, are analysed in detail and the interaction between them explored. The book gives an original account of the relationship between the relevant rules of IHL and IHRL, which is firmly grounded in general international law scholarship, treating the issue as a matter of treaty interpretation. With that in mind, and with reference to State practice in specific non-international armed conflicts - including those in Sri Lanka, Colombia, Nepal, Afghanistan, and Iraq - it is demonstrated that the customary and treaty obligations of States under human rights law continue, absent derogation, to apply to detention in non-international armed conflicts. The practical operation of those rules is then explored in detail. The volume ends with a set of concrete proposals for developing the law in this area, in a manner that builds upon, rather than replaces, the existing obligations of States and non-State armed groups.
Author : Yoram Dinstein
Publisher : Cambridge University Press
Page : 381 pages
File Size : 48,9 Mb
Release : 2021-03-25
Category : Law
ISBN : 9781108836180
Analyses the legal implications of non-international armed conflicts at a time when their number is constantly growing.
Author : Kolb, Robert,Gaggioli, Gloria,Kilibarda, Pavle
Publisher : Edward Elgar Publishing
Page : 552 pages
File Size : 50,7 Mb
Release : 2022-05-03
Category : Political Science
ISBN : 9781789900972
Transport Economics is a revised and refined fourth edition of a well-established textbook which applies economic analysis to transport issues. Each chapter has been carefully reworked and includes new material dealing with the regulation of transport markets. To assist in pedagogy, twenty or so free standing ‘Exhibits’ now provide a variety of case studies and narratives to supplement the text. More up-to-date examples and illustrations also make the understanding of economic principles easier and assist in the assimilation of economic concepts.
Author : Sandesh Sivakumaran,Christian R. Burne
Publisher : Oxford University Press
Page : 393 pages
File Size : 52,7 Mb
Release : 2024
Category : Law
ISBN : 9780197775134
This volume in the Lieber Studies series explores how the law of armed conflict is made and shaped. It examines the fundamental materials of the law of armed conflict, key actors and influences, the spaces where the law is made, as well as questions of unmaking.
Author : Ziv Bohrer,Janina Dill,Helen Duffy
Publisher : Cambridge University Press
Page : 299 pages
File Size : 53,5 Mb
Release : 2020-01-23
Category : Law
ISBN : 9781108481588
Brings together three diverse perspectives on the law relating to armed conflict.
