Recourse to Force

State Action against Threats and Armed Attacks
Author: Thomas M. Franck
Publisher: Cambridge University Press
ISBN: 9781139434959
Category: Law
Page: N.A
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The nations that drafted the UN Charter in 1945 clearly were more concerned about peace than about justice. As a result, the Charter prohibits all use of force by states except in the event of an armed attack or when authorised by the Security Council. This arrangement has only very imperfectly withstood the test of time and changing world conditions. In requiring states not to use force in self-defence until after they had become the object of an actual armed attack, the Charter failed to address a growing phenomenon of clandestine subversion and of instantaneous nuclear threats. Fortunately although the Charter is very hard to amend, the drafters did agree that it should be interpreted flexibly by the United Nations' principal political institutions. In this way the norms governing use of force in international affairs have been adapted to meet changing circumstances and new challenges. The book also relates these changes in law and practice to changing public values pertaining to the balance between maintaining peace and promoting justice.

An Equitable Framework for Humanitarian Intervention


Author: Ciarán Burke
Publisher: Bloomsbury Publishing
ISBN: 178225126X
Category: Law
Page: 398
View: 9944
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This book aims to resolve the dilemma regarding whether armed intervention as a response to gross human rights violations is ever legally justified without Security Council authorisation. Thus far, international lawyers have been caught between giving a negative answer on the basis of the UN Charter's rules ('positivists'), and a 'turn to ethics', declaring intervention legitimate on moral grounds, while eschewing legal analysis ('moralists'). In this volume, a third solution is proposed. The idea is presented that many equitable principles may qualify as 'general principles of law recognised by civilised nations' - one of the three principal sources of international law (though a category that is often overlooked) - a conclusion based upon detailed research of both national legal systems and international law. These principles, having normative force in international law, are then used to craft an equitable framework for humanitarian intervention. It is argued that the dynamics of their operation allow them to interact with the Charter and customary law in order to fill gaps in the existing legal structure and soften the rigours of strict law in certain circumstances. It is posited that many of the moralists' arguments are justified, albeit based upon firm legal principles rather than ethical theory. The equitable framework proposed is designed to provide an answer to the question of how humanitarian intervention may be integrated into the legal realm. Certainly, this will not mean an end to controversies regarding concrete cases of humanitarian intervention. However, it will enable the framing of such controversies in legal terms, rather than as a choice between the law and morality. '...has potential to become one of the most important books in public international law of the decade, or in a generation'. Martin Scheinin, Professor of Public International Law, European University Institute, Florence

Coexistence, Cooperation and Solidarity (2 vol. set)

Liber Amicorum Rüdiger Wolfrum
Author: N.A
Publisher: Martinus Nijhoff Publishers
ISBN: 9004214828
Category: Law
Page: 1600
View: 2830
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Considering paradigmatic changes and current challenges in international law this collection of essays covers diverse areas such as law of the sea, human rights, international environmental law, international dispute settlement, peace and security, global governance and its relationship to domestic law.

The Oxford Handbook of the Responsibility to Protect


Author: Tim Dunne
Publisher: Oxford University Press
ISBN: 0198753845
Category:
Page: 1120
View: 4889
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The Responsibility to Protect (R2P) is intended to provide an effective framework for responding to crimes of genocide, ethnic cleansing, war crimes, and crimes against humanity. It is a response to the many conscious-shocking cases where atrocities - on the worst scale - have occurred even during the post 1945 period when the United Nations was built to save us all from the scourge of genocide. The R2P concept accords to sovereign states and international institutions a responsibility to assist peoples who are at risk - or experiencing - the worst atrocities. R2P maintains that collective action should be taken by members of the United Nations to prevent or halt such gross violations of basic human rights. This Handbook, containing contributions from leading theorists, and practitioners (including former foreign ministers and special advisors), examines the progress that has been made in the last 10 years; it also looks forward to likely developments in the next decade.

International Dispute Settlement in an Evolving Global Society

Constitutionalization, Accessibility, Privatization
Author: Francisco Orrego Vicuña
Publisher: Cambridge University Press
ISBN: 9780521842396
Category: Law
Page: 156
View: 1334
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Lauterpacht Research Centre for International Law, University of Cambridge.

Sovereignty, the WTO, and Changing Fundamentals of International Law


Author: John H. Jackson
Publisher: Cambridge University Press
ISBN: 1139452738
Category: Law
Page: N.A
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The last decade of the twentieth century and the first decade of the twenty-first century has been one of the most challenging periods for the generally accepted assumptions of international law. This book, first published in 2006, grapples with these long-held assumptions (such as the consent basis of international law norms, equality of nations, restrictive or text-based treaty interpretations and applications, the monopoly of internal national power, and non-interference), and how they are being fundamentally altered by the forces of globalization. It also examines the challenges facing the WTO as a component of international economic law, and how that field is inextricably linked to general international law.

Questions of Jurisdiction and Admissibility before International Courts


Author: Yuval Shany
Publisher: Cambridge University Press
ISBN: 1316489728
Category: Law
Page: N.A
View: 9958
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This examination of the jurisdiction of international courts and the admissibility of cases before them analyses jurisdictional and admissibility rules in light of the roles assumed by international courts in international life and in light of the roles that jurisdictional and admissibility rules play in promoting the effectiveness and legitimacy of international courts. The theory pursued views jurisdiction as a form of delegation of power (the power to exercise judicial power and decide the law) and regards admissibility as a framework for deciding upon the propriety of exercising such power. On the basis of this theoretical framework, the author critically evaluates the exercise of judicial discretion in the existing case law of a variety of international courts, distinguishing between the category-based case selection implicit in jurisdictional rules and the case-by-case analysis and selection implicit in rules on admissibility.

International Legal Materials


Author: N.A
Publisher: N.A
ISBN: N.A
Category: International law
Page: N.A
View: 9554
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Humanitarian Intervention

The United Nations in an Evolving World Order
Author: Sean D. Murphy
Publisher: University of Pennsylvania Press
ISBN: 9780812233827
Category: Law
Page: 427
View: 7063
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Over the centuries, societies have gradually developed constraints on the use of armed force in the conduct of foreign relations. The crowning achievement of these efforts occurred in the midtwentieth century with the general acceptance among the states of the world that the use of military force for territorial expansion was unacceptable. A central challenge for the twenty-first century rests in reconciling these constraints with the increasing desire to protect innocent persons from human rights deprivations that often take place during civil war or result from persecution by autocratic governments. Humanitarian Intervention is a detailed look at the historical development of constraints on the use of force and at incidents of humanitarian intervention prior to, during, and after the Cold War.

Extraterritorial Use of Force Against Non-State Actors


Author: Noam Lubell
Publisher: Oxford University Press
ISBN: 0199584842
Category: Law
Page: 288
View: 4137
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This book examines the legality of the use of force by states against individuals and non-state groups located beyond its borders, in light of applicable international law. The issues discussed include force used in the 'war on terror', pre-emptive self defence, and targeted killings of individuals.

The Use of Force against Ukraine and International Law

Jus Ad Bellum, Jus In Bello, Jus Post Bellum
Author: Sergey Sayapin,Evhen Tsybulenko
Publisher: T.M.C. Asser Press
ISBN: 9789462652217
Category: Law
Page: 456
View: 3886
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Written by a team of international lawyers from Europe, Asia, Africa, and the Caribbean, this book analyses some of the most significant aspects of the ongoing armed conflict between the Russian Federation and Ukraine. As challenging as this conflict is for the international legal order, it also offers lessons to be learned by the States concerned, and by other States alike. The book analyses the application of international law in this conflict, and suggests ways for this law’s progressive development. It will be useful to practitioners of international law working at national Ministries of Defence, Justice, and Foreign Affairs, as well as in Parliaments, to lawyers of international organizations, and to national and international judges dealing with matters of public international law, international humanitarian law and criminal law. It will also be of interest to scholars and students of international law, and to historians of international relations. Sergey Sayapin is Assistant Professor in International and Criminal Law at the School of Law of the KIMEP University in Almaty, Kazakhstan. Evhen Tsybulenko is Professor of Law at the Department of Law of the Tallinn University of Technology in Tallinn, Estonia.

Fraudulent Evidence Before Public International Tribunals

The Dirty Stories of International Law
Author: W. Michael Reisman,Christina Skinner
Publisher: Cambridge University Press
ISBN: 1139952862
Category: Law
Page: N.A
View: 6754
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Domestic lawyers are, above all, officers of the court. By contrast, the public international lawyer representing states before international tribunals is torn between loyalties to the state and loyalties to international law. As the stakes increase for the state concerned, the tension between these loyalties can become acute and lead to practices that would be condemned in developed national legal systems but have hitherto been ignored by international tribunals in international legal scholarship. They are the 'dirty stories' of international law. This detailed and contextually sensitive presentation of eight important cases before a variety of public international tribunals dissects some of the reasons for the resort to fraudulent evidence in international litigation and the profession's baffling reaction. Fraudulent evidence is resorted to out of greed, moral mediocrity or inherent dishonesty. In public international litigation, by contrast, the reasons are often more complex, with roots in the dynamics of international politics.

National Military Manuals on the Law of Armed Conflict


Author: Nobuo Hayashi
Publisher: N.A
ISBN: 9788293081029
Category: Military art and science
Page: 256
View: 3383
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States are duty-bound to disseminate and ensure respect for the law of armed conflict (LOAC) among their personnel. A number of national military LOAC manuals have been issued to this end. But what are they exactly? What do they do? Is such a manual really nessescary for a state that does not have one yet? What are the experiences of those states which already issue manuals? What areas of law should a good manual cover? These and other questions were considered at an international seminar held under the auspices of the Forum for International Criminal and Humanitarian Law (FICHL) in Oslo, Norway, on 10 December 2007. This publication records the seminar’s deliberations and findings. It also contains an introductory article and a checklist prepared by the editor for the benefit of those considering writing a new manual.

Revue belge de droit international

Belgian review of international law. Belgisch tijdschrift voor internationaal recht
Author: N.A
Publisher: N.A
ISBN: N.A
Category: Law
Page: N.A
View: 9005
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The Renegotiation of the Just War Tradition and the Right to War in the Twenty-First Century


Author: C. O'Driscoll
Publisher: Springer
ISBN: 0230612032
Category: Political Science
Page: 232
View: 2046
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This book examines the manner by which the just war tradition has been invoked, engaged and developed in the context of the war on terror, paying particular attention to the questions of anticipatory war, humanitarian intervention, and punitive war.

Aspects of the Administration of International Justice


Author: Elihu Lauterpacht
Publisher: Cambridge University Press
ISBN: 9780521463126
Category: Law
Page: 200
View: 9697
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This book focuses on the process of arbitration between States and private persons.

The Gentle Civilizer of Nations

The Rise and Fall of International Law 1870–1960
Author: Martti Koskenniemi
Publisher: Cambridge University Press
ISBN: 9781139429436
Category: Law
Page: N.A
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International law was born from the impulse to 'civilize' late nineteenth-century attitudes towards race and society, argues Martti Koskenniemi in this extensive study of the rise and fall of modern international law. In a work of wide-ranging intellectual scope, now available for the first time in paperback, Koskenniemi traces the emergence of a liberal sensibility relating to international matters in the late nineteenth century, and its subsequent decline after the Second World War. He combines legal analysis, historical and political critique and semi-biographical studies of key figures (including Hans Kelsen, Hersch Lauterpacht, Carl Schmitt and Hans Morgenthau); he also considers the role of crucial institutions (the Institut de droit international, the League of Nations). His discussion of legal and political realism at American law schools ends in a critique of post-1960 'instrumentalism'. This book provides a unique reflection on the possibility of critical international law today.

Nation Against Nation

What Happened to the U.N. Dream and What the U.S. Can Do About It
Author: Thomas M. Franck
Publisher: Oxford University Press
ISBN: 9780195365191
Category: Political Science
Page: 352
View: 8447
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The American public has become increasingly disenchanted with the United Nations. Some responsible sources in this country are already advocating withdrawal from U.N. agencies and perhaps even from the entire system. This book, by the former Director of Research at UNITAR, the U.N.'s "think tank," examines the record of the U.N. during its first 40 years in the clear light of American national interest. Franck offers a balance sheet which confirms that the U.N. during its first 40 years in the clear light of American national interest. Franck offers a balance sheet which confirms that the U.N. often operates in a way that undermines respect for individual human rights and hampers conflict resolution. At the same time, he does not shrink from showing that the fault frequently lies with the United States itself. He shows how the U.S. helped form the U.N. with unrealistic views of what it could do, how for a decade or more the U.S. was able to use the U.N. essentially as a tool and adjunct to its foreign policy, and how Washington failed to predict and plan for the inevitable shift in power at the U.N. led by the newly emergent Third World nations. Franck warns of the American penchant for treating international relations as a series of unrelated encounters instead of an ongoing, institutionalized system in which the tactics and outcome of one crisis inevitably affect the way the next context is played out. Taday the U.S. and its allies are often the butt of antagonisms that the U.N. system seems to encourage and exaggerate. Nevertheless Franck shows that even now the U.S. position in the U.N. is far from hopeless, and he provides a blueprint for a strategy of "playing hard ball," which is far more realistic than abandoning the world organization.

Precedent in the World Court


Author: Mohamed Shahabuddeen
Publisher: Cambridge University Press
ISBN: 9780521046718
Category: Law
Page: 268
View: 607
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Although precedent in the International Court of Justice is not binding, the Court relies on its previous judgments as authoritative expressions of its views. In this book, Mohamed Shahabuddeen, a judge in the International Court of Justice, shows the extent to which the Court is guided by previous decisions, and how parties to cases themselves use the Court's decisions when framing and presenting their cases. He also traces the possibilities for future development of the system. Judge Shahabuddeen's analysis of the Court is a major contribution to this important subject.