Download or read book Reappraising the Resort to Force written by Lindsay Moir and published by Bloomsbury Publishing. This book was released on 2010-01-20 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Neutrality in Contemporary International Law written by James Upcher and published by Oxford University Press. This book was released on 2020-04-30 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of neutrality - the corpus of legal rules regulating the relationship between belligerents and States taking no part in hostilities - assumed its modern form in a world in which the waging of war was unconstrained. The neutral State enjoyed territorial inviolability to the extent that it adhered to the obligations attaching to its neutral status and thus the law of neutrality provided spatial parameters for the conduct of hostilities. Yet the basis on which the law of neutrality developed - the extra-legal character of war - no longer exists. Does the law of neutrality continue to survive in the modern era? If so, how has it been modified by the profound changes in the law on the use of force and the law of armed conflict? This book argues that neutrality endures as a key concept of the law of armed conflict. The interaction between belligerent and nonbelligerent States continues to require legal regulation, as demonstrated by a number of recent conflicts, including the Iraq War of 2003 and the Mavi Marmara incident of 2010. By detailing the rights and duties of neutral states and demonstrating how the rules of neutrality continue to apply in modern day conflicts, this restatement of law of neutrality will be a useful guide to legal academics working on the law of armed conflict, the law on the use of force, and the history of international law, as well as for government and military lawyers seeking comprehensive guidance in this difficult area of the law.
Download or read book U S Policy Human Rights and the Prospects for Democracy in Chile written by United States. Congress. House. Committee on Foreign Affairs and published by . This book was released on 1988 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Identity of Governments in International Law written by Niko Pavlopoulos and published by Oxford University Press. This book was released on 2024-03-13 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Identity of Governments in International Law provides a comprehensive account of the international legal regulation of governmental status. It examines the fundamental conceptual aspects of the government of a state in international law, before analysing the law concerning the recognition of governments and the criteria for governmental status under customary international law. It also explores matters concerning the identity of governments in the context of international organizations. Presenting the positive international legal framework concerning the regulation of governmental status, the book engages extensively with historical and contemporary examples, such as the rival governments of Cambodia (1970-75; 1979-89, 1997-98); the recognition of the Taliban (1996-2001; and again beginning in 2021); and the contested identity of Venezuela's president (beginning in 2019). Given the pre-eminence of states in international law and the importance of governments to the representation of states, the systematic examination of practice grounded in solid conceptual foundations renders this book a useful reference point for scholars and practitioners in all fields of international law and beyond.
Download or read book Namibia s Independence Struggle written by Cleophas Johannes Tsokodayi and published by Xlibris Corporation. This book was released on 2011-01-01 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Self Determination Statehood and the Law of Negotiation written by Robert P. Barnidge, Jr. and published by Bloomsbury Publishing. This book was released on 2016-01-28 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Madrid Invitation in 1991 to the introduction of the Oslo process in 1993 to the present, a negotiated settlement has remained the dominant leitmotiv of peacemaking between Israel and the Palestinian people. That the parties have chosen negotiations means that either side's failure to comply with its obligation to negotiate can result in an internationally wrongful act and, in response, countermeasures and other responses. This monograph seeks to advance our understanding of the international law of negotiation and use this as a framework for assessing the Israeli–Palestinian dispute, with the Palestinian people's unsuccessful attempt to join the United Nations as a Member State in autumn 2011 and the successful attempt to join the same institution as a non-Member Observer State in November 2012 providing a case study for this. The legal consequences of these applications are not merely of historical interest; they inform the present rights and obligations of Israel and the Palestinian people. This work fills a significant gap in the existing international law scholarship on the Israeli–Palestinian dispute, which neither engages with this means of dispute settlement generally nor does so specifically within the context of the Palestinian people's engagements with international institutions. 'Based on primary research, this book explores materials that were not analyzed before. It treats a highly political issue with scientific objectivity that strikes a balance between various points of view. The book will be an essential reading to all those involved in peace studies, international negotiations and Israeli-Palestinian conflict'. Mutaz M Qafisheh, Associate Professor of International Law, Hebron University. 'A compelling and innovative account of the legal aspects of the Palestinian-Israeli conflict: a must read.' Efraim Karsh, King's College London and Bar-Ilan University, author of Palestine Betrayed. 'A superbly imagined and executed study on Palestine that puts the 'negotiation imperative' at the heart of its narrative, fully interrogating the involvement of public international law at each step of the long and layered history that is vigorously brought to life in these pages. A study that also promises texture, nuance, and depth to the legal analysis it offers-and it delivers handsomely on each of these fronts.' -Dino Kritsiotis, Chair of Public International Law & Head of the International Humanitarian Law Unit, University of Nottingham.
Download or read book State Responsibility for International Terrorism written by Kimberley N. Trapp and published by OUP Oxford. This book was released on 2011-06-02 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules of state responsibility have an important but under-utilized role to play in the terrorism context. They determine both whether a breach of primary obligations has occurred, through the rules of attribution, and the consequences which flow from that breach, including the possible adoption of responsive measures by injured states. This book explores the substantive international legal obligations and rules of state responsibility applicable to international terrorism and examines the problems and prospects for effectively holding states responsible for internationally wrongful acts related to terrorism. In particular, it analyses the way in which the implementation of state responsibility for international terrorism may be affected by the self-determination debate, any applicable lex specialis (including the jus in bello), and sub-systems of international law (such as the WTO-), as well as the interaction between determinations of individual criminal responsibility and the implementation of state responsibility. The international community has responded to the threat of international terrorism both through a security/jus ad bellum paradigm and by creating an international criminal law framework to address the conduct of non-state terrorist actors. The secondary rules of state responsibility analysed in this book cut across both approaches as they apply, whether states breaching their primary obligations relating to terrorism through participation in or a failure to prevent or punish terrorism. While this book identifies a number of problems in implementing state responsibility for international terrorism, it also highlights the prospects for the rules of state responsibility to make a crucial contribution to maintaining respect for obligations which lie at the very foundations of the contemporary international legal order, and to restoring the relationships between states if those obligations are breached.
Download or read book Maritime Claims and Boundary Delimitation written by Nicholas A. Ioannides and published by Routledge. This book was released on 2020-09-27 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book delves into the major developments triggered by the hydrocarbon discoveries in the Eastern Mediterranean over the last twenty years, focusing on maritime boundary delimitation. Examining the impact that the hydrocarbon discoveries have had on the application of the law of the sea rules by the East Med states, the book looks at the new trends concerning the implementation of the law of the sea in the region. The book analyses regional state practice in terms of maritime delimitation, namely the conclusion of bilateral agreements based on the law of the sea rules, both conventional and customary, reflecting the East Med states’ willingness to cooperate in order to reap the benefits of the energy windfall. Alongside this analysis, an outline of the hydrocarbon discoveries and the pertinent maritime activities is given, as well as further coverage of the overlapping maritime claims and disputes between Greece, Cyprus and Turkey on one side, and Lebanon and Israel on the other. Moreover, the book examines the validity of maritime claims made by or through non-state entities in the region, namely the State of Palestine, the UK Sovereign Base Areas and the so-called ‘Turkish Republic of Northern Cyprus’ and their potential impact on the delimitation agreements already in place. The book argues that the East Med paradigm concerning the successful application of the pertinent norms in maritime delimitation proves that international law is resilient and capable of providing solutions in other turbulent regions around the globe. This book will be of interest and importance to academics and students of international law, professionals in the oil and shipping industries, legal professionals and government agencies.
Download or read book Official Records written by and published by . This book was released on 2001 with total page 876 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The United States and Genocide written by Jeffrey Bachman and published by Routledge. This book was released on 2017-11-22 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: There exists a dominant narrative that essentially defines the US’ relationship with genocide through what the US has failed to do to stop or prevent genocide, rather than through how its actions have contributed to the commission of genocide. This narrative acts to conceal the true nature of the US’ relationship with many of the governments that have committed genocide since the Holocaust, as well as the US’ own actions. In response, this book challenges the dominant narrative through a comprehensive analysis of the US’ relationship with genocide. The analysis is situated within the broader genocide studies literature, while emphasizing the role of state responsibility for the commission of genocide and the crime’s ancillary acts. The book addresses how a culture of impunity contributes to the resiliency of the dominant narrative in the face of considerable evidence that challenges it. Bachman’s narrative presents a far darker relationship between the US and genocide, one that has developed from the start of the Genocide Convention’s negotiations and has extended all the way to present day, as can be seen in the relationships the US maintains with potentially genocidal regimes, from Saudi Arabia to Myanmar. This book will be of interest to scholars, postgraduates, and students of genocide studies, US foreign policy, and human rights. A secondary readership may be found in those who study international law and international relations.
Download or read book Annual Review of United Nations Affairs written by Clyde Eagleton and published by . This book was released on 1993 with total page 1206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains the proceedings of the 1st- Institute for Annual Review of United Nations Affairs, New York University, 1949-
Download or read book United Nations Documents Checklist written by and published by . This book was released on 1996-10 with total page 1164 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Official Records of the Session of the General Assembly written by and published by . This book was released on 1997 with total page 982 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United Nations Correspondence Manual a Guide to the Drafting Processing and Dispatch of Official United Nations Communications written by United Nations. Department of General Assembly Affairs and Conference Services and published by . This book was released on 2000 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Human Rights Bibliography Main list by category written by United Nations Library (Geneva, Switzerland) and published by . This book was released on 1993 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: 0203 Right to life
Download or read book UNDOC Current Index written by and published by . This book was released on 1986 with total page 772 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Peacekeeping written by Boris Kondoch and published by Routledge. This book was released on 2017-05-15 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peacekeeping has been the technique most frequently used by, and associated with, the United Nations to end conflicts and to preserve peace. In addition, international and regional organizations have also performed peacekeeping functions. Since the establishment of the first UN peacekeeping mission, UNEF I, in 1956, international lawyers have raised questions about the legal aspects of these operations. Traditionally, they analyzed the constitutional basis for peacekeeping and tried to allocate the authority under the UN Charter for peacekeeping among the Security Council, the General Assembly and the Secretary General. They discussed the use of force by peacekeepers, the applicability of international humanitarian law, as well as the responsibilities and liabilities of peacekeepers. Since the end of the cold war, peacekeeping operations have become more complex. In the first forty years, peacekeepers functioned mainly as buffer zones between warring parties and monitored cease-fires. Nowadays, they are increasingly engaged in internal rather than international conflicts and perform a multitude of tasks. Among others, they act as civilian administrators, oversee elections and monitor human rights. These changes have raised new legal problems. Which human rights obligations exist for peacekeepers? Do peacekeepers have to intervene if they witness war crimes and acts of genocide? How are they protected under international law? What is the legal framework of UN administrations like in Kosovo and East Timor? In order to enhance a better understanding of these legal issues arising from peacekeeping operations, a collection of articles written by the leading experts in the field have been compiled in the volume, International Peacekeeping.
