Download or read book Law War and the Penumbra of Uncertainty written by Sam Selvadurai and published by Cambridge University Press. This book was released on 2022-04-07 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration into how uncertainty and political and ethical biases affect international law governing the use of force.
Download or read book Law War and the Penumbra of Uncertainty written by Sam Selvadurai and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law War and the Penumbra of Uncertainty written by Sam Selvadurai and published by Cambridge University Press. This book was released on 2022-04-07 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that lawyers must often rely on contestable ethical and strategic intuitions when dealing with legal and factual uncertainties in 'hard cases' of resort to force. This area of international law relies on multiple tests which can be interpreted in different ways, do not yield binary 'yes/no' answers, and together define 'paradigms' of lawful and unlawful force. Controversial cases of force differ from these paradigms, requiring lawyers to assess complex, incomplete factual evidence, and to forecast the immediate and long-term consequences of using and not using force. Legal rules cannot resolve such uncertainties; instead, techniques from legal risk management, strategic intelligence assessment and political forecasting may help. This study develops these arguments using the philosophy of knowledge, socio-legal, politico-strategic and ethical theory, structured interviews and a survey with 31 UK-based international lawyers, and systematic analysis of key International Court of Justice cases and scholarly assessments of US-led interventions.
Download or read book What Is War For written by Jack McDonald and published by Policy Press. This book was released on 2023-03-28 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does armed conflict shape global politics? And, critically, can it ever be regulated, a necessary first step to achieving a more peaceful world? This book examines the factors that define and shape war in the contemporary world, and how changes to technology and society are transforming warfare. Focusing on efforts to regulate and eliminate war, it provides a guide to the complex problems it poses now – and threatens in the future.
Download or read book The Use of Armed Force in Occupied Territory written by Marco Longobardo and published by Cambridge University Press. This book was released on 2018-10-18 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the use of armed force in occupied territory under different international law branches.
Download or read book Official Accountability Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice and published by . This book was released on 1976 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Research Handbook on Remote Warfare written by Jens David Ohlin and published by Edward Elgar Publishing. This book was released on 2017-10-27 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: The practice of armed conflict has changed radically in the last decade. With eminent contributors from legal, government and military backgrounds, this Research Handbook addresses the legal implications of remote warfare and its significance for combatants, civilians, policymakers and international lawyers.
Download or read book War Aggression and Self Defence written by Yoram Dinstein and published by Cambridge University Press. This book was released on 2011-10-20 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Yoram Dinstein's influential textbook is an indispensable guide to the legal issues of war and peace, armed attack, self-defence and enforcement measures taken under the aegis of the Security Council. This fifth edition incorporates recent treaties such as the Kampala amendments of the Statute of the International Criminal Court, new case law from the International Court of Justice and other tribunals, and contemporary doctrinal debates. Several new supplementary sections are also included, which take into account recent conflicts around the world, and consideration is given to new resolutions of the Security Council. With many segments having been rewritten to reflect recent State practice, this book remains a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence.
Download or read book Classic Readings and Cases in the Philosophy of Law written by Susan Dimock and published by Routledge. This book was released on 2016-09-16 with total page 1398 pages. Available in PDF, EPUB and Kindle. Book excerpt: With over sixty cases as support, this text presents the philosophy of law as a perpetual series of debates with overlapping lines and cross connections. Using law as a focus to bring into relief many social and political issues of pressing importance in contemporary society, this book encourages readers to think critically and philosophically. Classic Readings and Cases in the Philosophy of Law centers on five major questions: What is law? What, if any, connection must there be between law and morality? When should law be used to restrict the liberty of individuals? To what extent should democratic states permit civil disobedience? What, if anything, justifies the infliction of punishment on those who violate the law? The extensive anthology of cases covers the mundane to the grandest of constitutional issues, including controversial topics like ownership of genetic material, capital punishment, and gay rights. Brief introductions to each case describe the central issue being litigated, the legal reasoning of the justices–both majority and dissenting–the decision of the court, and its philosophical significance.
Download or read book The Concept of Law written by Herbert Lionel Adolphus Hart and published by Oxford University Press, USA. This book was released on 2012-10-25 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Concept of Law is one of the most influential texts in English-language jurisprudence. 50 years after its first publication its relevance has not diminished and in this third edition, Leslie Green adds an introduction that places the book in a contemporary context, highlighting key questions about Hart's arguments and outlining the main debates it has prompted in the field. The complete text of the second edition is replicated here, including Hart'sPostscript, with fully updated notes to include modern references and further reading.
Download or read book Language Meaning and the Law written by Christopher Hutton and published by Edinburgh University Press. This book was released on 2009-01-19 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Language, Meaning and the Law offers an accessible, critical guide to debates about linguistic meaning and interpretation in relation to legal language. Law is an ideal domain for considering fundamental questions relating to how we assign meanings to words, understand and comment on texts, and deal with socially and ideologically significant questions of interpretation. The book argues that theoretical issues of concern to linguists, philosophers, literary theorists and others are illuminated by the demands of the legal context, since law is driven by the need for practical solutions and for determinate outcomes based on explicit reasoning. Topics covered include: the relationship of linguistics to legal theory, indeterminacy and statutory interpretation, the theory and practice of using dictionaries in law, defamation and language in the public sphere, and the distinction between perjury and deception. This book does not assume specialist knowledge of the field, and is designed as a self-contained, advanced introduction to a fascinating area of study. The reader will gain an overall insight into issues and debates about meaning and interpretation, as well as an understanding of how these questions are shaped by the legal context.
Download or read book Accommodating National Identity written by Stephen Tierney and published by BRILL. This book was released on 2021-10-18 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays brings together international lawyers with their perspectives on how the international community has coped with contemporary cases of nationalist crisis and constitutional lawyers from states which are attempting to facilitate the political expression of national identity through developments in federalism, devolution, and the protection of minority rights. The aim is to explore to what extent existing legal mechanisms permit a flexible engagement with, and accommodation of, the aspirations of national and ethnic groups. It would appear that a heightened level of fluidity in the interaction and exchange of normative standards now exists in the relationship between international and domestic law as both types of system confront the challenge which national identity continues to constitute. As this process marks a renewed preparedness on the part of legal systems to expand imaginatively to meet current problems it is hoped that this collection will highlight opportunities for an ongoing process of development in this complex and troubled area.
Download or read book Privatizing War written by Lindsey Cameron and published by Cambridge University Press. This book was released on 2013-03-07 with total page 757 pages. Available in PDF, EPUB and Kindle. Book excerpt: A growing number of states use private military and security companies (PMSCs) for a variety of tasks, which were traditionally fulfilled by soldiers. This book provides a comprehensive analysis of the law that applies to PMSCs active in situations of armed conflict, focusing on international humanitarian law. It examines the limits in international law on how states may use private actors, taking the debate beyond the question of whether PMSCs are mercenaries. The authors delve into issues such as how PMSCs are bound by humanitarian law, whether their staff are civilians or combatants, and how the use of force in self-defence relates to direct participation in hostilities, a key issue for an industry that operates by exploiting the right to use force in self-defence. Throughout, the authors identify how existing legal obligations, including under state and individual criminal responsibility should play a role in the regulation of the industry.
Download or read book Law after Modernity written by Sionaidh Douglas-Scott and published by A&C Black. This book was released on 2014-07-18 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we characterise law and legal theory in the twenty-first century? Law After Modernity argues that we live in an age 'after Modernity' and that legal theory must take account of this fact. The book presents a dynamic analysis of law, which focusses on the richness and pluralism of law, on its historical embeddedness, its cultural contingencies, as well as acknowledging contemporary law's global and transnational dimensions. However, Law After Modernity also warns that the complexity, fragmentation, pluralism and globalisation of contemporary law may all too easily perpetuate injustice. In this respect, the book departs from many postmodern and pluralist accounts of law. Indeed, it asserts that the quest for justice becomes a crucial issue for law in the era of legal pluralism, and it investigates how it may be achieved. The approach is fresh, contextual and interdisciplinary, and, unusually for a legal theory work, is illustrated throughout with works of art and visual representations, which serve to re-enforce the messages of the book.
Download or read book Israel Yearbook on Human Rights Volume 43 2013 written by Yoram Dinstein and published by BRILL. This book was released on 2021-10-11 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Israel Yearbook on Human Rights- an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations).
Download or read book Use of Force War and Neutrality Peace Treaties A M written by Rudolf Bernhardt and published by Elsevier. This book was released on 2014-05-12 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Encyclopedia of Public International Law, 3: Use of Force, War, and Neutrality Peace Treaties (A-M) focuses on hostile inter-State relations and associated questions, including the use of force, war, neutrality, and peace treaties. The publication first elaborates on the Munich Agreement, mines, militias, military reconnaissance, objectives, necessity, government, and forces abroad, mercenaries, liberation movements, land warfare, intervention, international military force, indiscriminate attack, and the Kellogg-Briand Pact (1928). The text then ponders on humanitarian law and armed conflict, flags and uniform in wars, enemies and enemy subjects, disarming of belligerents by neutrals, demarcation line, deserters, economic warfare, combatants, contributions, and contraband. The book examines collective punishment, measures, security, and self-defense, boundary settlements between Germany and her western neighbor states after World War II, bombardment, armistice, arms control, Asama Maru incident, air warfare, and alliance. The text is a vital source of data for researchers interested in the use of force, war, and neutrality peace treaties.
Download or read book Readings in the Philosophy of Law Third Edition written by Keith C. Culver and published by Broadview Press. This book was released on 2017-05-25 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rigorous introduction to profound questions about the nature and role of law.
