Download or read book The Rule of Law in Crisis and Conflict Grey Zones written by Michael John-Hopkins and published by Routledge. This book was released on 2016-12-01 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book responds to ongoing calls for clarification and consensus regarding the meaning, scope and interplay of humanitarian law and human rights law in the ‘grey zones’ of unconventional operational environments such as counterterrorism and counterinsurgency operations. It contributes to the debate in this area by developing objective criteria for determining where the shift from the legal framework of law enforcement to that of non-international armed conflict occurs in relation to targeting law and weaponry law; by developing improved objective criteria for determining what constitutes direct participation in hostilities and de facto membership in an organised armed group; by taking stock of how existing targeting and weaponry rules are being applied to unconventional conflicts within civilian populated areas by key state players as well as by international and regional human rights mechanisms; by arguing for the progressive realisation of targeting and weaponry law so that they are more fitting for operational environments that are increasingly urbanised and civilianised; by seeking to understand how global networked connectivity may affect our understanding of the operational theatre of war and the geographical reach of the legal framework of non-international armed conflict.
Download or read book Ordering the Grey Zone of Crisis and Conflict written by and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book New Zealand Yearbook of International Law written by Christian Riffel and published by BRILL. This book was released on 2019-06-24 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New Zealand Yearbook of International Law provides legal materials and critical commentary on issues of international law, addressing trends, state practice and policies in the development of international law in New Zealand, the South Pacific, Antarctica and globally. This Yearbook covers the period 1 January 2017 to 31 December 2017.
Download or read book Votes Drugs and Violence written by Guillermo Trejo and published by Cambridge University Press. This book was released on 2020-09-03 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most surprising developments in Mexico's transition to democracy is the outbreak of criminal wars and large-scale criminal violence. Why did Mexican drug cartels go to war as the country transitioned away from one-party rule? And why have criminal wars proliferated as democracy has consolidated and elections have become more competitive subnationally? In Votes, Drugs, and Violence, Guillermo Trejo and Sandra Ley develop a political theory of criminal violence in weak democracies that elucidates how democratic politics and the fragmentation of power fundamentally shape cartels' incentives for war and peace. Drawing on in-depth case studies and statistical analysis spanning more than two decades and multiple levels of government, Trejo and Ley show that electoral competition and partisan conflict were key drivers of the outbreak of Mexico's crime wars, the intensification of violence, and the expansion of war and violence to the spheres of local politics and civil society.
Download or read book The Effects of Armed Conflict on Investment Treaties written by Tobias Ackermann and published by Cambridge University Press. This book was released on 2022-08-25 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the multi-faceted impact armed conflict has on investment treaties. Refuting the common association of the outbreak of hostilities with the termination or suspension of treaties, it not only makes a case for the continuity of investment treaties. The book argues that the impact of armed conflict on such agreements goes far beyond these questions: Changed factual circumstances and public interests as well as international humanitarian law heavily influence the application and interpretation of investment protection standards. The book argues that investment treaties can and must channel these effects to remain effective during armed conflict and strike a fair balance between investor and public interests. It shows ways in which contextual and systemic interpretation, respect for reasonable state action, and careful treaty design can ensure that investment treaties continue to fulfil their purpose of strengthening compliance with legal rules also in times of armed conflict.
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: This book explores the international law framework governing the use of armed force in occupied territory through a rigorous analysis of the interplay between jus ad bellum, international humanitarian law, and international human rights law. Through an examination of state practice and opinio juris, treaty provisions and relevant international and domestic case law, this book offers the first comprehensive study on this topic. This book will be relevant to scholars, practitioners, legal advisors, and students across a range of sub-disciplines of international law, as well as in peace and conflict studies, international relations, and political science. This study will influence the way in which States use armed force in occupied territory, offering guidance and support in litigations before domestic and international courts and tribunals.
Download or read book Competition in Order and Progress written by John P. Sullivan and published by Xlibris Corporation. This book was released on 2022-03-10 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition in Order and Progress examines the competition in statemaking between criminal enterprises (gangs, militias, and criminal armed groups) and the state. The title builds from Brazil’s motto Ordem e Progresso to capture the dynamics of state transition in Brazil’s favelas, prisons, and beyond.
Download or read book US Intelligence and Al Qaeda written by de Werd Peter de Werd and published by Edinburgh University Press. This book was released on 2020-09-21 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out a new analytic methodology: analysis by contrasting narratives (ACN), which states that defining an enemy and attempting to counter threats can contribute to the manifestation of that threat. Peter de Werd applies ACN to the problem the US faced in understanding and responding to the phenomenon of Al Qaeda in the 1990s. He demonstrates how this approach can fill a gap in intelligence studies by enhancing the understanding of complex intelligence problems and strengthening the practice of intelligence analysis. Adopting a reflexivist theoretical stance, the book underlines the importance of an integrated approach to interpretation and action, and of a continuous dialogue between intelligence and policy.
Download or read book Israel Yearbook on Human Rights Volume 49 2019 written by Yoram Dinstein and published by BRILL. This book was released on 2019-09-16 with total page 351 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.
Download or read book Hybrid Threats and Grey Zone Conflict written by Aurel Sari and published by Oxford University Press. This book was released on 2024 with total page 745 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hybrid Threats and Grey Zone Conflict explores the legal dimension of strategic competition below the threshold of war, assessing the key legal and ethical questions posed for liberal democracies. Bringing together diverse scholarly and practitioner perspectives, the volume introduces readers to the conceptual and practical difficulties arising in this area, the rich debates the topic has generated, and the challenges that countering hybrid threats and grey zone conflict poses for liberal democracies.
Download or read book European Human Rights Grey Zones written by Andrew Forde and published by Cambridge University Press. This book was released on 2024-04-30 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forde examines the effectiveness of the human rights system of the Council of Europe (CoE) in conflict-affected regions and advances a novel approach to understanding how the European Convention on Human Rights can better serve the 10+ million rights-holders living in so-called human rights 'grey zones'. Building on the premise that nowhere in Europe should be deprived of access to Europe's human rights architecture, Forde argues that areas of conflict give rise to a collective public order imperative on Member States to seek maximal effectiveness of the CoE human rights system. Despite Kosovo's sui generis status, much of the CoE's experience of engagement with Kosovo could inspire more proactive efforts in relation to other areas of conflict. This book advocates a judicious engagement of the CoE's unique assets and acquis in affected regions based on the collective responsibility of Member States and the normative will of the Secretary General.
Download or read book China s Maritime Gray Zone Operations written by Andrew S. Erickson and published by Naval Institute Press. This book was released on 2019-03-15 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: China’s maritime “gray zone” operations represent a new challenge for the U.S. Navy and the sea services of our allies, partners, and friends in maritime East Asia. There, Beijing is waging what some Chinese sources term a “war without gunsmoke.” Already winning in important areas, China could gain far more if left unchecked. One of China’s greatest advantages thus far has been foreign difficulty in understanding the situation, let alone determining an effective response. With contributions from some of the world’s leading subject matter experts, this volume aims to close that gap by explaining the forces and doctrines driving China’s paranaval expansion, operating in the “gray zone” between war and peace. The book covers China’s major maritime forces beyond core gray-hulled Navy units, with particular focus on China’s second and third sea forces: the “white-hulled” Coast Guard and “blue-hulled” Maritime Militia. Increasingly, these paranaval forces, and the “gray zone” in which they typically operate, are on the frontlines of China’s seaward expansion.
Download or read book How International Law Works in Times of Crisis written by George Ulrich and published by Oxford University Press, USA. This book was released on 2019 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.
Download or read book The Future Law of Armed Conflict written by Matthew C. Waxman and published by Oxford University Press. This book was released on 2022 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Warfare is changing-and rapidly. New technologies, new geopolitical alignments, new interests and vulnerabilities, and other developments are changing how, why, and by whom conflict will be waged. Just as militaries must plan ahead for an environment in which threats, alliances, capabilities, and even the domains in which they fight will differ from today, they must plan for international legal constraints that may differ, too. As states, including the United States, plan for how they will conduct warfare in the future, West Point's Lieber Institute for Law and Land Warfare, in collaboration with Columbia Law School's National Security Law Program, convened an expert workshop to consider the future legal context in which conflict will be waged. Titled "Law of Armed Conflict (LOAC) 2040," we assembled leading academics and practitioners from around the world to consider how that body of law and institutions for creating, interpreting, and enforcing it might look two decades ahead-as well as what opportunities may exist to influence it in that time"--
Download or read book Grey Zones in International Economic Law and Global Governance written by Daniel Drache and published by UBC Press. This book was released on 2018-11-14 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 2008 economic meltdown, market-driven globalization has posed new challenges for governments. This volume introduces the concept of “grey zones” of global governance, where state policy and market behaviour interact with respect to trade, the environment, food security, and investment. Grey zones allow for the bending of international rules, which both promotes uniformity in many areas of public life and facilitates diverse forms of capitalism in market societies, enabling governments to balance national and global economic benefits. This exploration of local engagement with international economic law offers an innovative way to interpret public concerns about trade, investment, food security, green energy, subsidies, and anti-dumping actions.
Download or read book Gaining Competitive Advantage in the Gray Zone written by Lyle J. Morris and published by . This book was released on 2019-09-15 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States is entering a period of intensifying strategic competition with several rivals, most notably Russia and China. U.S. officials expect this competition to be played out primarily below the threshold of armed conflict, in what is sometimes termed the gray zone between peace and war. In this report, the authors examine how the United States might respond to Russian and Chinese efforts to seek strategic advantage through coercive actions in the gray zone, including military, diplomatic, informational, and economic tactics. The United States is ill prepared and poorly organized to compete in this space, yet the authors' findings suggest that the United States can begin to treat the ongoing gray zone competition as an opportunity more than a risk. Moreover, leaders in Europe and Asia view Russian and Chinese gray zone aggression as a meaningful threat and are receptive to U.S. assistance in mitigating it. In this report, the authors use insights from their extensive field research in affected countries, as well as general research into the literature on the gray zone phenomenon, to sketch out the elements of a strategic response to the gray zone challenge and develop a menu of response options for U.S. officials to consider.
Download or read book Transitional Justice and Rule of Law Reconstruction written by Padraig McAuliffe and published by Routledge. This book was released on 2013-06-26 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This short and accessible book is the first to focus exclusively on the inter-relation between transitional justice and rule of law reconstruction in post-conflict and post-authoritarian states. In so doing it provides a provocative reassessment of the various tangled relationships between the two fields, exploring the blind-spots, contradictions and opportunities for mutually-beneficial synergies in practice and scholarship between them. Though it is commonly assumed that transitional justice for past human rights abuses is inherently conducive to restoring the rule of law, differences in how both fields conceptualise the rule of law, the scope of transition and obligations to citizens have resulted in divergent approaches to transitional criminal trial, international criminal law, restorative justice and traditional justice mechanisms. Adopting a critical comparative approach that assesses the experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa undergoing transitional justice and justice sector reform simultaneously, it argues that the potential benefits of transitional justice are exaggerated and urges policy-makers to rebalance the compromises inherent in transitional justice mechanisms against the foundational demands of rule of law reconstruction. This book will be of interest to scholars in the fields of transitional justice, rule of law, legal pluralism and peace-building concerned by the failure of transitional justice to leave a positive legacy to the justice system of the states where it operates. ‘This is a bold and nuanced scrutiny of the international system’s approach to transitional justice and the much vaunted rule of law project. Dr McAulifee should be congratulated for this well-researched book which should be a must read for not only scholars and researchers in transitional justice and peace and conflict studies, but also policy-makers in the international system.’ Dr. Hakeem O. Yusuf, Senior Lecturer, University of Strathclyde and author of Transitional Justice, Judicial Accountability and the Rule of Law.
