Download or read book The Construction of the Customary Law of Peace written by Cecilia M. Bailliet and published by Edward Elgar Publishing. This book was released on 2021-06-25 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book explores the emerging construction of a customary law of peace in Latin America and the developing jurisprudence of the Inter-American Court of Human Rights. It traces the evolution of peace as both an end and a means: from a negative form, i.e. the absence of violence, to a positive form that encompasses equality, non-discrimination and social justice, including gendered perspectives on peace.
Download or read book The People and Their Peace written by Laura F. Edwards and published by UNC Press Books. This book was released on 2014-06-30 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the half-century following the Revolutionary War, the logic of inequality underwent a profound transformation within the southern legal system. Drawing on extensive archival research in North and South Carolina, Laura F. Edwards illuminates those changes by revealing the importance of localized legal practice. Edwards shows that following the Revolution, the intensely local legal system favored maintaining the "peace," a concept intended to protect the social order and its patriarchal hierarchies. Ordinary people, rather than legal professionals and political leaders, were central to its workings. Those without rights--even slaves--had influence within the system because of their positions of subordination, not in spite of them. By the 1830s, however, state leaders had secured support for a more centralized system that excluded people who were not specifically granted individual rights, including women, African Americans, and the poor. Edwards concludes that the emphasis on rights affirmed and restructured existing patriarchal inequalities, giving them new life within state law with implications that affected all Americans. Placing slaves, free blacks, and white women at the center of the story, The People and Their Peace recasts traditional narratives of legal and political change and sheds light on key issues in U.S. history, including the persistence of inequality--particularly slavery--in the face of expanding democracy.
Download or read book Peace Treaties and International Law in European History written by Randall Lesaffer and published by Cambridge University Press. This book was released on 2004-08-19 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the formation of the modern law of nations, peace treaties played a pivotal role. Many basic principles and rules that governed and still govern relations between states were introduced and elaborated in the great peace treaties from the Renaissance onwards. Nevertheless, until recently few scholars have studied these primary sources of the law of nations from a juridical perspective. In this edited collection, specialists from all over Europe, including legal and diplomatic historians, international lawyers and an International Relations theorist, analyse peace treaty practice from the late fifteenth century to the Peace of Versailles of 1919. Important emphasis is given to the doctrinal debate about peace treaties and the influence of older, Roman and medieval concepts on modern practices. This book goes back further in time beyond the epochal Peace of Treaties of Westphalia of 1648 and this broader perspective allows for a reassessment of the role of the sovereign state in the modern international legal order.
Download or read book From Cold War to Cyber War written by Hans-Joachim Heintze and published by Springer. This book was released on 2015-08-04 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book follows the history of the international law of peace and armed conflict over the last 25 years. It highlights both the parameters that have remained the same over the years as well as the new challenges now facing international law. The articles analyze new developments concerning the prohibition of the use of force in international relations, self-determination of peoples, human rights and human security as well as international coordination of humanitarian assistance.
Download or read book Peace written by Oliver P. Richmond and published by Oxford University Press. This book was released on 2023-01-24 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: Very Short Introductions: Brilliant, Sharp, Inspiring The concept of peace has always attracted radical thought, action, and practices. It has been taken to mean merely an absence of overt violence or war, but in the contemporary era it is often used interchangeably with 'peacemaking', 'peacebuilding', 'conflict resolution', and 'statebuilding'. The modern concept of peace has therefore broadened from the mere absence of violence to something much more complicated. In this Very Short Introduction, Oliver Richmond explores the evolution of peace in practice and in theory, exploring our modern assumptions about peace and the various different interpretations of its applications. This second edition has been theoretically and empirically updated and introduces a new framework to understand the overall evolution of the international peace architecture. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Download or read book On the Law of Peace written by Christine Bell and published by Oxford University Press. This book was released on 2008-09-25 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of the use of peace agreements from a legal perspective. The book describes and evaluates the development of contemporary peace agreement practice, and the documents which emerge. It sets out what is in essence an anatomy of peace agreement practice, and locates this practice with reference to the role of law. The last fifteen years have seen a proliferation of peace agreements. These peace agreements have been produced as a result of complex peace processes involving multi-party negotiations between the main protagonists of conflict, often with the involvement of international actors. They document attempts to end conflict, and this book argues that they play an underestimated role in a political process that centrally revolves around law. Understanding peace agreements is important to understanding contemporary peace processes. Law plays two key roles with respect to peace agreements: first, to the extent that peace agreements themselves form legal documents, law plays a role in the 'enforcement' or implementation of the peace agreement; second, international law has a relationship to peace agreement negotiation and content, in an enabling or regulatory capacity. The aim of the book is to evaluate the role which law plays both in enforcing peace agreements and through a normative framework which constrains the ways in which they operate. This evaluation reveals a deeper link between the legal status of peace agreements and their normative regulation as mutually shaping, in what is argued to be a developing lex pacificatoria - or law of the peace makers. This lex pacificatoria stands as an account of the way in which international law shapes and is shaped by peace agreements, in ways which impact on contemporary debates about the force of international law.
Download or read book Enforcing International Law written by Benjamin B. Ferencz and published by . This book was released on 1983 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Research Handbook on International Law and Peace written by Cecilia M. Bailliet and published by Edward Elgar Publishing. This book was released on 2019 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peace is an elusive concept, especially within the field of international law, varying according to historical era and between contextual applications within different cultures, institutions, societies, and academic traditions. This Research Handbook responds to the gap created by the neglect of peace in international law scholarship. Explaining the normative evolution of peace from the principles of peaceful co-existence to the UN declaration on the right to peace, this Research Handbook calls for the fortification of international institutions to facilitate the pursuit of sustainable peace as a public good.
Download or read book The Shield of Achilles written by Philip Bobbitt and published by Anchor. This book was released on 2011-07-06 with total page 962 pages. Available in PDF, EPUB and Kindle. Book excerpt: "We are at a moment in world affairs when the essential ideas that govern statecraft must change. For five centuries it has taken the resources of a state to destroy another state . . . This is no longer true, owing to advances in international telecommunications, rapid computation, and weapons of mass destruction. The change in statecraft that will accompany these developments will be as profound as any that the State has thus far undergone." —from the Prologue The Shield of Achilles is a classic inquiry into the nature of the State, its origin in war, and its drive for peace and legitimacy. Philip Bobbitt, a professor of constitutional law and a historian of nuclear strategy, has served in the White House, the Senate, the State Department, and the National Security Council in both Democratic and Republican administrations, and here he brings his formidable experience and analytical gifts to bear on our changing world. Many have observed that the nation-state is dying, yet others have noted that the power of the State has never been greater. Bobbitt reconciles this paradox and introduces the idea of the market-state, which is already replacing its predecessor. Along the way he treats such themes as the Long War (which began in 1914 and ended in 1990). He explains the relation of violence to legitimacy, and the role of key individuals in fates that are partially—but only partially—determined. This book anticipates the coalitional war against terrorism and lays out alternative futures for the world. Bobbitt shows how nations might avoid the great power confrontations that have a potential for limitless destruction, and he traces the origin and evolution of the State to such wars and the peace conferences that forged their outcomes into law, from Augsburg to Westphalia to Utrecht to Vienna to Versailles. The author paints a powerful portrait of the ever-changing interrelatedness of our world, and he uses his expertise in law and strategy to discern the paths that statehood will follow in the coming years and decades. Timely and perceptive, The Shield of Achilles will change the way we think about the world.
Download or read book International Law and Peace Settlements written by Marc Weller and published by Cambridge University Press. This book was released on 2021-01-31 with total page 1120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Kayanerenk wa written by Kayanesenh Paul Williams and published by Univ. of Manitoba Press. This book was released on 2018-10-26 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt: Several centuries ago, the five nations that would become the Haudenosaunee—Mohawk, Oneida, Onondaga, Cayuga, and Seneca—were locked in generations-long cycles of bloodshed. When they established Kayanerenkó:wa, the Great Law of Peace, they not only resolved intractable conflicts, but also shaped a system of law and government that would maintain peace for generations to come. This law remains in place today in Haudenosaunee communities: an Indigenous legal system, distinctive, complex, and principled. It is not only a survivor, but a viable alternative to Euro-American systems of law. With its emphasis on lasting relationships, respect for the natural world, building consensus, and on making and maintaining peace, it stands in contrast to legal systems based on property, resource exploitation, and majority rule. Although Kayanerenkó:wa has been studied by anthropologists, linguists, and historians, it has not been the subject of legal scholarship. There are few texts to which judges, lawyers, researchers, or academics may refer for any understanding of specific Indigenous legal systems. Following the United Nations Declaration on the Rights of Indigenous Peoples, and a growing emphasis on reconciliation, Indigenous legal systems are increasingly relevant to the evolution of law and society. In Kayanerenkó:wa: The Great Law of Peace Kayanesenh Paul Williams, counsel to Indigenous nations for forty years, with a law practice based in the Grand River Territory of the Six Nations, brings the sum of his experience and expertise to this analysis of Kayanerenkó:wa as a living, principled legal system. In doing so, he puts a powerful tool in the hands of Indigenous and settler communities.
Download or read book 100 Years of Peace Through Law Past and Future written by Andreas von Arnauld and published by . This book was released on 2015-12-09 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The King s Peace written by Lisa Ford and published by Harvard University Press. This book was released on 2021-08-10 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the imposition of Crown rule across the British Empire during the Age of Revolution corroded the rights of British subjects and laid the foundations of the modern police state. During the eighteenth and nineteenth centuries, the British Empire responded to numerous crises in its colonies, from North America to Jamaica, Bengal to New South Wales. This was the Age of Revolution, and the Crown, through colonial governors, tested an array of coercive peacekeeping methods in a desperate effort to maintain control. In the process these leaders transformed what it meant to be a British subject. In the decades after the American Revolution, colonial legal regimes were transformed as the king’s representatives ruled new colonies with an increasingly heavy hand. These new autocratic regimes blurred the lines between the rule of law and the rule of the sword. Safeguards of liberty and justice, developed in the wake of the Glorious Revolution, were eroded while exacting obedience and imposing order became the focus of colonial governance. In the process, many constitutional principles of empire were subordinated to a single, overarching rule: where necessary, colonial law could diverge from metropolitan law. Within decades of the American Revolution, Lisa Ford shows, the rights claimed by American rebels became unthinkable in the British Empire. Some colonial subjects fought back but, in the empire, the real winner of the American Revolution was the king. In tracing the dramatic growth of colonial executive power and the increasing deployment of arbitrary policing and military violence to maintain order, The King’s Peace provides important lessons on the relationship between peacekeeping, sovereignty, and political subjectivity—lessons that illuminate contemporary debates over the imbalance between liberty and security.
Download or read book The Common Peace written by Cynthia B. Herrup and published by Cambridge University Press. This book was released on 1987 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Common Peace traces the attitudes behind the enforcement of the criminal law in early modern England. Focusing on five stages in prosecution (arrest, bail, indictment, conviction and sentencing), the book uses a variety of types of sources - court records, biographical information, state papers, legal commentaries, popular and didactic literature - to reconstruct who actually enforced the criminal law and what values they brought to its enforcement. A close study of the courts in eastern Sussex between 1592 and 1640 allows Dr Herrup to show that an amorphous collection of modest property holders participated actively in the legal process. These yeomen and husbandmen who appeared as victims, constables, witnesses and jurors were as important to the credibility of the law as were the justices and judges. The uses of the law embodied the ideas of these middling men about not only law and order but also religion and good government. By arguing that legal administration was part of the routine agenda of obligation for middling property holders, Dr Herrup shows how the expectations produced by legal activities are important for understanding the decades immediately before the outbreak of the English Civil War. As the first book to use early seventeenth-century legal records outside of Essex, The Common Peace adopts an explicitly comparative framework, attempting to trace the ways that social conditions influenced legal process as well as law enforcement in various counties. By blending social history, legal history and political history, this volume offers a complement to more conventional studies of legal records and of local government.
Download or read book Justice for Some written by Noura Erakat and published by Stanford University Press. This book was released on 2019-04-23 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents
Download or read book The Puzzle of Peace written by Gary Goertz and published by Oxford University Press. This book was released on 2016 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Puzzle of Peace moves beyond defining peace as the absence of war and develops a broader conceptualization and explanation for the increasing peacefulness of the international system. The authors track the rise of peace as a new phenomenon in international history starting after 1945. International peace has increased because international society has developed a set of norms dealing with territorial conflict, by far the greatest source of international war over previous centuries. These norms prohibit the use of military force in resolving territorial disputes and acquiring territory, thereby promoting border stability. This includes the prohibition of the acquisition of territory by military means as well as attempts by secessionist groups to form states through military force. International norms for managing international conflict have been accompanied by increased mediation and adjudication as means of managing existing territorial conflicts.
Download or read book War and Peace written by Valentina Vadi and published by BRILL. This book was released on 2020-05-18 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise investigates the emergence of the early modern law of nations, focusing on Alberico Gentili’s contribution to the same. A religious refugee and Regius Professor at the University of Oxford, Alberico Gentili (1552–1608) lived in difficult times of religious wars and political persecution. He discussed issues that were topical in his lifetime and remain so today, including the clash of civilizations, the conduct of war, and the maintenance of peace. His idealism and political pragmatism constitute the principal reasons for the continued interest in his work. Gentili’s work is important for historical record, but also for better analysing and critically assessing the origins of international law and its current developments, as well as for elaborating its future trajectories.
