Download or read book Democratic Accountability and the Use of Force in International Law written by Charlotte Ku and published by Cambridge University Press. This book was released on 2003-02-13 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Table of contents

Download or read book The Use of Force in International Law written by Tom Ruys and published by Oxford University Press. This book was released on 2018 with total page 961 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the adoption of the UN Charter in 1945, the use of cross-border force has been frequent. This volume invites a range of experts to examine over sixty conflicts, from military interventions to targeted killings and hostage rescue operations, and to ask how powerful precedent can be in determining hostile encounters in international law.

Download or read book Kosovo and the International Community written by Christian Tomuschat and published by BRILL. This book was released on 2021-10-25 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: NATO's air operation against Yugoslavia, undertaken with a view to helping the Kosovo Albanians resist genocide and ethnic cleansing, confronted the international community with a bitter dilemma. In Europe, the choice either to tolerate massive violations of human rights or to infringe the principle of non-use of force, given the absence of explicit authorization by the Security Council, was a challenge never before encountered since the new world order was ushered in by the Charter of the United Nations. This book, a collection of legal essays which emerged from a meeting of members of the French, German, and Polish societies of international law, not only attempts to analyze the Kosovo war from the viewpoint of humanitarian intervention based on the failure of the Rambouillet conference, but also intends to provide an overall picture of the responsibilities incumbent on the international community. Starting with the lifting of Kosovo's autonomy by the Yugoslav federal authorities in 1989/90, it follows the tragic events step by step. Not only are the crimes committed by Yugoslav military units and police as well as by the Kosovo Liberation Army listed in specific detail, an inquiry is also made into NATO's compliance with the applicable standards of humanitarian law. The book concludes with an examination of the future of the province in light of Security Council resolution 1244 of 1999 and the Stability Pact adopted to ensure economic recovery of the entire region.

Download or read book Customary International Law on the Use of Force written by Enzo Cannizzaro and published by BRILL. This book was released on 2005-11-01 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comes out at a time of grave uncertainty about the content and the very existence of international legal restraints on the use of force, in the international community as well as among legal scholars. The time is therefore ripe for an in-depth analysis on the methodological issues which constitute the basic bricks on which the legal discourse about the state of the law must be built. By offering the result of an open and frank discussion about the methodology of determining the law on the use of force "at a time of perplexity", this timely book constitutes an invaluable contribution to legal analysis.

Download or read book La n cessit en droit international written by Sarah Cassella and published by BRILL. This book was released on 2011-05-06 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: La Commission du droit international, après avoir longuement hésité, a inscrit l’état de nécessité dans sa codification de la responsabilité des États en tant que circonstance excluant l’illicéité. L’objet de cette étude est de démontrer qu’il s’agit d’un mécanisme beaucoup plus diffus et fondamental du droit international, intimement lié à ses caractéristiques propres. Il a comme fonction la limitation des obligations substantielles des États lors de la survenance d’un fait-condition – la situation de nécessité – afin d’éviter que l’application du droit ne génère un coût social excessif. Sa réalisation requiert toujours une pondération des intérêts en conflit. Seulement lorsqu’un coût social excessif ne peut être évité, l’état de nécessité intervient dans le cadre des obligations secondaires de la responsabilité internationale, en tant que circonstance atténuante. After much hesitation, the International Law Commission codified the state of necessity as a circumstance precluding wrongfulness in the field of State responsibility. This study aims to demonstrate that it is a much wider mechanism, essential to international law and strictly connected to its own characteristics. It performs the function of limiting the substantial obligations of States in case of the realization of a fact condition – a situation of necessity – in order to avert an excessive social cost, born out of law implementation. It always works through a balance of conflicting interests. Only when a social cost cannot be avoided, the state of necessity, under the features of a mitigating circumstance, enters the field of secondary obligations relating to international responsibility.

Download or read book International Law Power Security and Justice written by Serge Sur and published by Bloomsbury Publishing. This book was released on 2010-10-05 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: These collected essays deal with the evolutions and immutabilities of international society and international law during the last 25 years, a period during which these fields of study have undergone many changes. The starting point is that far from operating at different levels or being in conflict, international law and politics are closely intertwined. The book addresses the many different aspects of international law: the role and concept of the State, and the position of States in the international system; the bases, principles and evolution of public international law; questions of international security that still govern international relations; classic and current systems of peace and security maintenance; the standing, role and actions of the UN Security Council; arms control and limitation of armaments; unilateral uses of armed force and the legality of war; and humanitarian law and international criminal justice. The perspective of these essays is not a theoretical or dogmatic vision of international law and politics; rather they are based upon the practices of States in the international arena, and the ways in which the guiding legal rules are elaborated and implemented. These texts have been selected from Professor Sur's various books and numerous articles on international law and relations.

Download or read book International Law and the Politics of History written by Anne Orford and published by Cambridge University Press. This book was released on 2021-08-05 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.

Download or read book Liber Amicorum Judge Shigeru Oda written by Nisuke Ando and published by BRILL. This book was released on 2022-11-07 with total page 855 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Defending Europe written by J. Howorth and published by Springer. This book was released on 2003-04-18 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Defending Europe seeks to clarify the competing ambitions, the contrasting visions and the trans-Atlantic tensions related to the recent quest by Europe for autonomy in the sphere of security and defense. Scholars from both sides of the Atlantic explore the development of ESDI within NATO, the revival of the WEU and the launch of the EU's Common European Security and Defense Policy. Among the issues discussed are the Euro-American capabilities gap, concerns regarding decoupling, discrimination, and duplication, and the complications posed by NATO/EU enlargement. Two contrary conclusions debate whether ESDP is more likely to strengthen or undermine the Atlantic Alliance. This informative foray into the trans-Atlantic security and defense issues is a crucial addition to the ongoing dialogue concerning this shifting and evolving relationship.

Download or read book Humanitarian Intervention written by J. L. Holzgrefe and published by Cambridge University Press. This book was released on 2003-02-13 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interdisciplinary approach to humanitarian intervention by experts in law, politics, and ethics.

Download or read book Ending war for a social construct that addresses new conflicts written by Durand Castro Ndjimou and published by BoD - Books on Demand. This book was released on 2022-09-20 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: By not adopting a straightforward approach in exploring the risk analysis to stakes of peace in a global world, the author, as a convinced Durkheimian, presents in this book a conceptual and empirical approach to conflict analysis. This essay offers a new look at the construction of a social link as a means to preserve peace. In the absence of that foundation, divergence becomes commonplace. Hence, the game of power stands out as determining factor for conflict that is restricted by its entropy. It is the unpredictable nature of these new conflicts that, henceforth, determines the strengths of weakness and establishes a new perspective.

Download or read book The International Legal System in Quest of Equity and Universality written by Laurence Boisson de Chazournes and published by BRILL. This book was released on 2021-10-18 with total page 862 pages. Available in PDF, EPUB and Kindle. Book excerpt: Georges Abi-Saab began his writing and teaching at a time when the process of decolonization, and thereafter the quest for emancipation, began to make its far-reaching impact on the international scene, producing significant changes in the international environment, both quantitatively in increasing the number of nation-States and qualitatively in changing patterns of interests and claims. This was bound to result in new pressures on the international legal system itself and in a questioning of the traditional Eurocentric content of international law. In his work and teaching Professor Abi-Saab viewed the dynamics of international law as a function of two driving forces: the emergence of the third world and the sense of injustice. In his view, the first driving force - the emergence of the third world - raised the problem of exclusion: exclusion from participation in the elaboration of international law and the decision-making process, and exclusion as beneficiaries of the resulting rules of international law. At the same time, this new force introduced diversity into the international scene, reflecting the richness of the international community in its different facets. This process remains relevant today, reflecting the contemporary problem of exclusion of new actors as well as their quest for participation. The second driving force - the sense of injustice - posed a teleological problem for him, that of defining community values in order that they capture the different facets of justice, whether formal or distributive. So long as there is no effective organic structure, international law in his view will continue to remain effectiveness-oriented, reflecting rather than impacting on the structures of power. Nevertheless, it is undeniable that there is an on-going process of development of community values and interests; as Georges Abi-Saab wrote with reference to international crimes: `law, like all social phenomena, is a continuous unfolding, a continuous process of elaboration'. He has also considered that the dynamics of the international legal process itself can be captured from the perspective of international organizations as vehicles for change in the international system. From his early writings, Georges Abi-Saab approached the United Nations Charter as a blueprint - both normative and institutional - for a certain type of international society. International institutions with all their imperfections, continue for him to be the means of realization of the law of cooperation which lies at the heart of his concept of the international system. The themes selected for this volume in honour of Professor Georges Abi-Saab are intended to reflect his unique and pioneering contribution to the field of international law. The contributors are drawn from what he has always considered to be his large `family' of former students: in his forty years of teaching, Georges Abi-Saab has acted as mentor to generations of students from all over the world who have benefited from his vision, insights, originality and creative and stimulating use of language. The contributors also include colleagues and friends who share a similar vision of the international legal system.

Download or read book Military Intervention and the European Union written by Martin Ortega and published by . This book was released on 2001 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book written by Slobodan Erić and published by . This book was released on 2006 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Deconstructing Self Determination in International Law written by Przemysław Tacik and published by BRILL. This book was released on 2023-07-17 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right of peoples to self-determination seems well-settled and covered extensively in the scholarly record. Yet old Trotsky’s question – of whom is this right and to what? – haunts the self-determination literature. Somehow almost every work on it begins with an expression of puzzlement. This right turns out to be elusive, underdefined in its scope and content, paradoxical in almost every aspect. This book mobilises all powers of critical legal theory and modern philosophy to take the bull by its horns. Instead of ironing out the paradoxes, it aims to finally give them a proper explanation based on the concept of exception.

Download or read book Yearbook written by International Court of Justice and published by . This book was released on 2011 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Select Proceedings of the European Society of International Law Volume 1 2006 written by Hélène Ruiz Fabri and published by Bloomsbury Publishing. This book was released on 2008-05-29 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first volume of proceedings arising from the biennial conference of the European Society of International Law/Societe europeene de droit international, edited by Emmanuelle Jouannet, Hélène Ruiz Fabri and Vincent Tomkiewicz. The volume presents the highlights of the Paris Conference 2006, and the papers are evenly divided between English and French language contributions. It is envisaged that this will be the first volume of a series, with future volumes following on from each major ESIL/SEDI event.