Download or read book Recognition of Belligerency and the Law of Armed Conflict written by Robert McLaughlin and published by Oxford University Press, USA. This book was released on 2020 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prior to the progressive development of the law of armed conflict heralded by the 1949 Geneva Conventions most particularly in relation to the concepts of international and non-international armed conflict-the customary doctrine on recognition of belligerency functioned for almost 200 years as the definitive legal scheme for differentiating internal conflict from "civil wars", in which the law of war as applicable between states applied de jure. Employing a legal historical approach, this book describes the thematic and practical fundamentals of the doctrine, and analyzes some of the more significant challenges to its application. In doing so, it assesses whether, how, and why the doctrine on recognition of belligerency was considered "fit for purpose," and seeks to inform debate as to its continuity and utility within the modern scheme of the law of armed conflict.
Download or read book Armed Conflict and International Law In Search of the Human Face written by Mariëlle Matthee and published by Springer Science & Business Media. This book was released on 2013-06-26 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is written in memory of Avril McDonald, who passed away in April 2010. Avril was an inspired and passionate scholar in the fields of international humanitarian law, international criminal law, human rights law and law in the field of arms control and disarmament. What in particular made Avril’s work special, was her strong commitment with the human aspects throughout. Fourteen scholars and practitioners have contributed to this liber amicorum, which has led to a rich variety of topics within the disciplines of Avril’s expertise. They all have in common that they deal with the human perspectives of the discipline of law at hand. They concentrate on the impact of the developments in international law on humans, whether they are civilians, victims of war or soldiers. This human perspective of law makes this book an appropriate tribute to Avril McDonald and at the same time a unique and valuable contribution to international legal research in the present society. A society that becomes more and more characterized by detailed legal systems, defined by institutions that may frequently lack sufficient contact with the people concerned.
Download or read book Neutrality in Contemporary International Law written by James Upcher and published by Oxford Monographs in Internati. This book was released on 2020-01-19 with total page 324 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 The Law of Internal Armed Conflict written by Lindsay Moir and published by Cambridge University Press. This book was released on 2002-01-03 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laws regulating armed conflict have existed for centuries, but the bulk of these provisions have been concerned with wars between states. Relatively little attention has been paid to the enormously important area of internal armed conflict. At a time when international armed conflicts are vastly outnumbered by domestic disputes, this book seeks to redress the balance through a comprehensive analysis of those rules which exist in international law to protect civilians during internal armed conflict. From regulations in the nineteenth and early twentieth centuries according to the doctrine of recognition of belligerency, this book traces the subsequent development of international law by the Geneva Conventions and their additional Protocols, as well as through the more recent jurisprudence of the Yugoslav and Rwandan tribunals. The book also considers the application of human rights law during internal armed conflict, before assessing how effectively the applicable law is, and can be, enforced.
Download or read book Recognition of Belligerency and Grant of Belligerent Rights written by Wyndham Legh Walker and published by . This book was released on 1938 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cyclopedia of American Government written by Andrew Cunningham McLaughlin and published by . This book was released on 1914 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Recognition in International Law written by Hersch Lauterpacht and published by Cambridge University Press. This book was released on 2012-11 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published by Hersch Lauterpacht in 1947, this book presents a detailed study of recognition in international law, examining its crucial significance in relation to statehood, governments and belligerency. The author develops a strong argument for positioning recognition within the context of international law, reacting against the widely accepted conception of it as an area of international politics. Numerous examples of the use of law and conscious adherence to legal principle in the practice of states are used to give weight to this perspective. This paperback re-issue in 2012 includes a newly commissioned Foreword by James Crawford, Whewell Professor of International Law at the University of Cambridge and a Fellow of Jesus College, Cambridge.
Download or read book The Accountability of Armed Groups under Human Rights Law written by Katharine Fortin and published by Oxford University Press. This book was released on 2017-08-11 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today the majority of the armed conflicts around the world are fought between States and armed groups, rather than between States. This changed conflict landscape creates an imperative to clarify the obligations of armed groups under international law. While it is generally accepted that armed groups are bound by international humanitarian law, the question of whether they are also bound by human rights law is controversial. This book brings significant new understanding to the question of whether and when armed groups might be bound by human rights law. Its conclusions will benefit international law academics, legal practitioners, and political scientists and anthropologists working on issues related to rebel governance and civil wars. This book addresses the debate on this topic by employing a theoretical, historical, and comparative analysis that spans international humanitarian law, international criminal law, and international human rights law. Embedding these different perspectives in public international law, this book brings several key points of clarification to the legal framework. Firstly, the book draws upon social science literature on armed conflict to present a new viewpoint on the role that human rights law plays vis-à-vis international humanitarian law in non-international armed conflicts. Secondly, the book sheds light on the circumstances in which armed groups acquire obligations under human rights law. It brings illumination to these topics by combining historical and comparative research on belligerency, insurgency, and international humanitarian law with a theoretical analysis of legal personality under international law. In the final part of the book, the author tests the four most utilised theories of how armed groups are bound by human rights law, examining whether armed groups can be bound by virtue of (i) treaty law (ii) control of territory (iii) international criminal law and (iv) customary international law. In the book's conclusions, the author presents final remarks that are designed to provide concrete guidance on how the issue of armed groups and human rights law can be dealt with more thoroughly in practice.
Download or read book Neutrality in International Law written by Kentaro Wani and published by Taylor & Francis. This book was released on 2017-02-24 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Neutrality is a legal relationship between a belligerent State and a State not participating in a war, namely a neutral State. The law of neutrality is a body of rules and principles that regulates the legal relations of neutrality. The law of neutrality obliges neutral States to treat all belligerent States impartially and to abstain from providing military and other assistance to belligerents. The law of neutrality is a branch of international law that developed in the nineteenth century, when international law allowed unlimited freedom of sovereign States to resort to war. Thus, there has been much debate as to whether such a branch of law remains valid in modern international law, which generally prohibits war and the use of force by States. While there has been much debate regarding the current status of neutrality in modern international law, there is a general agreement among scholars as to the basic features of the traditional law of neutrality. Wani challenges the conventional understanding of the traditional neutrality by re-examining the historical development of the law of neutrality from the sixteenth century to 1945. The modification of the conventional understanding will provide a fundamentally new framework for discussing the current status of neutrality in modern international law.
Download or read book Non Participation in Armed Conflict written by Constantine Antonopoulos and published by Cambridge University Press. This book was released on 2022-03-03 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non participation in armed conflict gives rise to the relevance, role and content of the law of neutrality in contemporary international law. Despite scholarly opinion to the contrary the challenges posed by collective security and the prohibition of the use of force have not made neutrality obsolete. The validity of the law of neutrality is reaffirmed in State practice, mainly in the form of national military manuals, and the case-law of international tribunals. The legal framework of neutrality remains unchanged with respect to most rules. At the same time, it has been adapted to the evolution of the law of the sea as a result of the 1982 UN Law of the Sea Convention, the globalization of trade and the use of cyberspace in armed conflict. This has been achieved mainly through soft law documents and national military manuals. Neutrality, however, remains inapplicable in non-international armed conflict.
Download or read book Non International Armed Conflicts in International Law written by Yoram Dinstein and published by Cambridge University Press. This book was released on 2021-03-25 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses the legal implications of non-international armed conflicts at a time when their number is constantly growing.
Download or read book Appletons annual Cyclop dia and Register of Important Events written by and published by . This book was released on 1897 with total page 892 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book House Documents written by USA Congress House of Representatives and published by . This book was released on 1874 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Papers Relating to the Foreign Relations of the United States written by United States. Department of State and published by . This book was released on 1874 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Washington arbitration and general appendix containing the report of Robert S Hale written by United States. Department of State and published by . This book was released on 1874 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book House Documents Otherwise Publ as Executive Documents written by United States. Congress. House and published by . This book was released on 1874 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Papers Relating to the Treaty of Washington Washington arbitration and general appendix containing the report of Robert S Hale written by United States. Dept. of State and published by . This book was released on 1874 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt:
