Internal War and the Search for Normative Order

2012-12-06

The present study is concerned with the development and the applica tions of legal norms to situations of civil strife.

Author: Roscoe Ralph Oglesby

Publisher: Springer Science & Business Media

ISBN: 9789401192057

Category: Law

Page: 142

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The present study is concerned with the development and the applica tions of legal norms to situations of civil strife. It also deals in a less intensive way with problems of adjustment of these norms when the ambiance of the system changes. In particular it deals with the con cept of belligerent recognition, a standard well-suited to the needs of the international systeum nder a balance of power arrangement and to what extent this norm, which became fully developed during the nineteenth century, has been altered to meet the needs of the new international system which has been called a loose bipolar system. Revolution has been a classic theme of social and political thinkers throughout history. Some have regarded revolutions as completely unjustifiable, while others view them as a force for progress, if not the sole agent for major social adjustment. Political evolutionists re gard revolutions which erupt in social violence as necessary social con ditioning, as a way of selecting the political elite. Those who regard social violence as healthy and good, proceed to layout prudential rules for the conduct and successful conclusion of revolutions. Those who regard social violence as unhealthy and bad, tend to stress the norms of "law and order"; and to hurl at revolutionists the imprecations of a moral law which enjoins necessary obedience to authority. The present treatise pursues none of these interesting possibilities.
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Internal War and the Search for Normative Order

2014-01-14

The present study is concerned with the development and the applica tions of legal norms to situations of civil strife.

Author: D. Oglesby

Publisher: Springer

ISBN: 9401030111

Category: Law

Page: 0

View: 484

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The present study is concerned with the development and the applica tions of legal norms to situations of civil strife. It also deals in a less intensive way with problems of adjustment of these norms when the ambiance of the system changes. In particular it deals with the con cept of belligerent recognition, a standard well-suited to the needs of the international systeum nder a balance of power arrangement and to what extent this norm, which became fully developed during the nineteenth century, has been altered to meet the needs of the new international system which has been called a loose bipolar system. Revolution has been a classic theme of social and political thinkers throughout history. Some have regarded revolutions as completely unjustifiable, while others view them as a force for progress, if not the sole agent for major social adjustment. Political evolutionists re gard revolutions which erupt in social violence as necessary social con ditioning, as a way of selecting the political elite. Those who regard social violence as healthy and good, proceed to layout prudential rules for the conduct and successful conclusion of revolutions. Those who regard social violence as unhealthy and bad, tend to stress the norms of "law and order"; and to hurl at revolutionists the imprecations of a moral law which enjoins necessary obedience to authority. The present treatise pursues none of these interesting possibilities.
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Internal War and the Search for Normative Order

2011-11-05

The present study is concerned with the development and the applica tions of legal norms to situations of civil strife.

Author: D. Oglesby

Publisher: Springer

ISBN: 9401030138

Category: Law

Page: 154

View: 970

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The present study is concerned with the development and the applica tions of legal norms to situations of civil strife. It also deals in a less intensive way with problems of adjustment of these norms when the ambiance of the system changes. In particular it deals with the con cept of belligerent recognition, a standard well-suited to the needs of the international systeum nder a balance of power arrangement and to what extent this norm, which became fully developed during the nineteenth century, has been altered to meet the needs of the new international system which has been called a loose bipolar system. Revolution has been a classic theme of social and political thinkers throughout history. Some have regarded revolutions as completely unjustifiable, while others view them as a force for progress, if not the sole agent for major social adjustment. Political evolutionists re gard revolutions which erupt in social violence as necessary social con ditioning, as a way of selecting the political elite. Those who regard social violence as healthy and good, proceed to layout prudential rules for the conduct and successful conclusion of revolutions. Those who regard social violence as unhealthy and bad, tend to stress the norms of "law and order"; and to hurl at revolutionists the imprecations of a moral law which enjoins necessary obedience to authority. The present treatise pursues none of these interesting possibilities.
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Intervention in Civil Wars

2021-02-25

O'Connell, ME, 'Defining Armed Conflict' (2008) 13(3) Journal of Conflict and Security Law 393–400. _____ International Law and the Use of Force ... Oglesby, RR, Internal War and the Search for Normative Order (Martinus Nijhoff, 1971).

Author: Chiara Redaelli

Publisher: Bloomsbury Publishing

ISBN: 9781509940554

Category: Law

Page: 344

View: 207

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This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.
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International Law and Civil Wars

2013

... 2003) International Economic Law and Armed Conflict (Harry H.G. Post ed., 1994) International Humanitarian Law and ... Edgar, Civil War in Lebanon, 1975-1992 (1998) Oglesby, Roscoe R., Internal War and the Search for Normative Order ...

Author: Eliav Lieblich

Publisher: Routledge

ISBN: 9780415507905

Category: History

Page: 305

View: 936

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This book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another – the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter exception is of increasing importance, the numerous questions it raises have received scant attention in the current body of literature. This volume fills this gap by analyzing the consent-exception in a wide context, and attempting to delineate its limits, including cases in which government consent power is not only negated, but might be transferred to opposition groups. The book also discusses the concept of consensual intervention in contemporary international law, in juxtaposition to traditional legal doctrines. It traces the development of law in this context by drawing from historical examples such as the Spanish Civil War, as well as recent cases such those of the Democratic Republic of the Congo, Somalia, Libya, and Syria. This book will be of much interest to students of international law, civil wars, the Responsibility to Protect, war and conflict studies, and IR in general.
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Negotiating Civil War

2020-07-16

Older works addressing belligerency and recognition, and providing some idea of the contexts in which these discussions took place, include, inter alia, Oglesby, Internal War and the Search for Normative Order; Higgins, ...

Author: Henry Lovat

Publisher: Cambridge University Press

ISBN: 9781108497275

Category: History

Page: 385

View: 222

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A theoretically-informed, critical account of the making of the international legal rules governing civil war.
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International Law and the Classification of Conflicts

2012-08-02

The final report of the Turkish National Commission of Inquiry rejected the view that the conflict should be classified as an ... Internal war and the search for normative order (1971) 40 and 42–3 (Oglesby, Internal War); V.A. O'Rourke, ...

Author: Elizabeth Wilmshurst

Publisher: OUP Oxford

ISBN: 9780191632235

Category: Law

Page: 568

View: 161

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This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
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Use of Force War and Neutrality Peace Treaties N Z

2014-05-12

R.R. OGLESBY, Internal War and the Search for Normative Order (1971). J.E. BOND, The Rules of Riot, Internal Conflict and the Law of War (1974). V. DUCULESCO, Effet de la reconnaissance de l'état de belligérance par les tiers, ...

Author: Rudolf Bernhardt

Publisher: Elsevier

ISBN: 9781483257006

Category: Social Science

Page: 394

View: 282

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Encyclopedia of Public International Law, 4: Use of Force, War, and Neutrality Peace Treaties (N-Z) focuses on hostile inter-State relations and associated questions, as well as the use of force, war, neutrality, and peace treaties. The publication first elaborates on warships, wars of national liberation, war materials, laws of war, war correspondent, war and environment, Versailles Peace Treaty (1919), use of force, United Nations peacekeeping system, United Nations forces, and unfriendly act. The text then ponders on trading with the enemy, suspension of hostilities, surrender, submarine warfare, sequestration, self-preservation, self-defense, sea warfare, safety zones, safe-conduct and safe passage, resistance movements, requisitions, and reparations after World War II. The book examines relief actions, recognition of insurgency and belligerency, prisoners of war, threat to peace, peace treaties, means to safeguard peace, pacifism, occupation after armistice, nuclear tests, non-aggression pacts, and neutrality in air warfare, land warfare, and sea warfare. The text is a vital source of information for researchers interested in the use of force, war, and neutrality peace treaties.
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The International Legal Personality of the Individual

2018-08-09

After the First World War, a movement led by the ICRC began to promote the application of humanitarian norms in internal armed ... Internal War and the Search for Normative Order (Martinus Nijhoff, 1971) 100ff, and Cullen (n 68) 22–3.

Author: Astrid Kjeldgaard-Pedersen

Publisher: Oxford University Press

ISBN: 9780192552334

Category: Law

Page: 320

View: 800

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This is the first monograph to scrutinize the relationship between the concept of international legal personality as a theoretical construct and the position of the ultimate subject, the individual, as a matter of positive international law. By testing the four main theoretical conceptions of international legal personality against historical and existing norms of positive international law that regulate the conduct of individuals, the book argues that the common narrative in contemporary scholarship about the development of the role of the individual in the international legal system is flawed. Contrary to conventional wisdom, international law did not apply to states alone until World War II, only to transform during the second half of the 20th century so as to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is - and always was - strictly empirical. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international law and national law turns exclusively on whether the source of the norm in question is international or national in kind. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the 19th century, to influence the interpretation and application of international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-state entities) are frequently applied more restrictively than interpretation without presumptions regarding 'personality' would merit.
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Recueil Des Cours Collected Courses 1972

1974-06-24

Voir aussi la bibliographie figurant dans l'ouvrage de G. Schwarzenberger , The Law of Armed Conflict , Londres , 1968 . ... Oglesby , R. R. , Internal War and the Search for Normative Order , The Hague , 1971 .

Author:

Publisher: Martinus Nijhoff Publishers

ISBN: 9028602445

Category: Law

Page: 952

View: 684

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