International Law and Civil Wars

Author: Eliav Lieblich
Publisher: Routledge
ISBN: 0415507901
Format: PDF, ePub
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This book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another - the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter exception is of increasing importance, the numerous questions it raises have received scant attention in the current body of literature. This volume fills this gap by analyzing the consent-exception in a wide context, and attempting to delineate its limits, including cases in which government consent power is not only negated, but might be transferred to opposition groups. The book also discusses the concept of consensual intervention in contemporary international law, in juxtaposition to traditional legal doctrines. It traces the development of law in this context by drawing from historical examples such as the Spanish Civil War, as well as recent cases such those of the Democratic Republic of the Congo, Somalia, Libya, and Syria. This book will be of much interest to students of international law, civil wars, the Responsibility to Protect, war and conflict studies, and IR in general.

International Law

Author: Malcolm N. Shaw
Publisher: Cambridge University Press
ISBN: 1316991741
Format: PDF
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International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.

The Law Against War

Author: Olivier Corten
Publisher: Bloomsbury Publishing
ISBN: 1847316050
Format: PDF, Mobi
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The Law against War is a translated and updated version of a book published in 2008 in French (Le droit contre la guerre, Pedone). The aim of this book is to study the prohibition of the use of armed force in contemporary positive international law. Some commentators claim that the field has undergone substantial changes arising especially since the end of the Cold War in the 1990s. More specifically, several scholars consider that the prohibition laid down as a principle in the United Nations Charter of 1945 should be relaxed in the present-day context of international relations, a change that would seem to be reflected in the emergence of ideas such as 'humanitarian intervention', 'preventive war' or in the possibility of presuming Security Council authorisation under certain exceptional circumstances. The argument in this book is that while marked changes have been observed, above all since the 1990s, the legal regime laid down by the Charter remains founded on a genuine jus contra bellum and not on the jus ad bellum that characterised earlier periods. 'The law against war', as in the title of this book, is a literal rendering of the familiar Latin expression and at the same time it conveys the spirit of a rule that remains, without a doubt, one of the cornerstones of public international law. From the Foreword by Bruno Simma 'Corten's book is weighty not just by its size, but above all through the depth and comprehensiveness with which it analyzes the entirety of what the author calls the law against war, the jus contra bellum... Corten tackles his immense task with a combination of methodical rigour, applying modern positivism and abstaining from constructions of a lex ferenda, and great sensibility for the political context and the ensuing possibilities and limitations of the legal regulation of force.'

Human Rights and the Northern Ireland Conflict

Author: Omar Grech
Publisher: Routledge
ISBN: 1351785486
Format: PDF, ePub, Docs
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This interdisciplinary book explores the Northern Ireland conflict through a human rights framework. The book examines the conflict from the creation of the Northern Ireland state in 1921 to 2014. This timeframe allows an analysis of how human rights impacted upon the conflict in its broadest understanding (i.e. the pre-violent conflict, the violent conflict and the post-violent conflict phases). Furthermore, it allows for a better understanding of how the various stages of the conflict impacted upon how human rights are understood in Northern Ireland today. The study’s main findings are that: (i) human rights had a significant impact on the development of the conflict; (ii) human rights violations were both underlying causes and direct causes of the descent into violence; (iii) the conflict coloured the view of human rights held by the main political actors; and (iv) human rights continue to be partially understood through the prism of the conflict. More generally, this interdisciplinary work explores the relationship between law, politics and conflict. This book will be of much interest to students of human rights, conflict resolution, British politics, law and security studies.

The Responsibility to Protect in International Law

Author: Susan Breau
Publisher: Routledge
ISBN: 1317569598
Format: PDF, Kindle
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This book will consider a rapidly emerging guiding general principle in international relations and, arguably, in international law: the Responsibility to Protect. This principle is a solution proposed to a key preoccupation in both international relations and international law scholarship: how the international community is to respond to mass atrocities within sovereign States. There are three facets to this responsibility; the responsibility to prevent; the responsibility to react, and the responsibility to rebuild. This doctrine will be analysed in light of the parallel development of customary and treaty international legal obligations imposing responsibilities on sovereign states to the international community in key international law fields such as international human rights law, international criminal law and international environmental law. These new developments demand academic study and this book fills this lacuna by rigorously considering all of these developments as part of a trend towards assumption of international responsibility. This must include the responsibility on the part of all states to respond to threats of genocide, crimes against humanity, ethnic cleansings and large-scale war crimes. The discussion surrounding aggravated state responsibility is also explored, with the author concluding that this emerging norm within international law is closely related to the responsibility to protect in its imposition of an international responsibility to act in response to an international wrong. This book will be of great interest to scholars on international law, the law of armed conflict, security studies and IR in general.

International Law Politics and Inhumane Weapons

Author: Alan Bryden
Publisher: Routledge
ISBN: 0415622050
Format: PDF, ePub, Docs
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This book contributes to contemporary debates on the effectiveness of international humanitarian law (IHL) in regulating or prohibiting inhumane weapons, such as landmines. Two treaties have emerged under IHL in response to the humanitarian scourge of landmines. However, despite a considerable body of related literature, clear understandings have not been established on the effectiveness of these international legal frameworks in meeting the challenges that prompted their creation. This book seeks to address this lacuna. An analytical framework grounded in regime theory helps move beyond the limitations in the current literature through a structured focus on principles, norms, rules, procedures, actors and issue areas. On the one hand, this clarifies how political considerations determine opportunities and constraints in designing and implementing IHL regimes. On the other, it enables us to explore how and why 'ideal' policy prescriptions are threatened when faced with complex challenges in post-conflict contexts. This book will be of much interest to students of international humanitarian law, global governance, human security and IR in general.

Transitional Justice and Peacebuilding on the Ground

Author: Chandra Lekha Sriram
Publisher: Routledge
ISBN: 0415637597
Format: PDF, ePub, Docs
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Présentation de l'éditeur : "This book seeks to refine our understanding of transitional justice and peacebuilding, and long-term security and reintegration challenges after violent conflicts. As recent events following political change during the so-called 'Arab Spring' demonstrate, demands for accountability often follow or attend conflict and political transition. While, traditionally, much literature and many practitioners highlighted tensions between peacebuilding and justice, recent research and practice demonstrates a turn away from the supposed 'peace vs justice' dilemma. This volume examines the complex, often contradictory but sometimes complementary relationship between peacebuilding and transitional justice through the lenses of the increased emphasis on victim-centred approaches to justice and the widespread practices of disarmament, demobilization, and reintegration (DDR) of excombatants. While recent volumes have sought to address either DDR or victim-centred approaches to justice, none has sought to make connections between the two, much less to place them in the larger context of the increasing linkages between transitional justice and peacebuilding . This book will be of much interest to students of transitional justice, peacebuilding, human rights, war and conflict studies, security studies and IR."

Global Politics and the Responsibility to Protect

Author: Alex J. Bellamy
Publisher: Routledge
ISBN: 113686864X
Format: PDF, Kindle
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This book provides an in-depth introduction to, and analysis of, the issues relating to the implementation of the recent Responsibility to Protect principle in international relations The Responsibility to Protect (RtoP) has come a long way in a short space of time. It was endorsed by the General Assembly of the UN in 2005, and unanimously reaffirmed by the Security Council in 2006 (Resolution 1674) and 2009 (Resolution 1894). UN Secretary-General Ban Ki-moon has identified the challenge of implementing RtoP as one of the cornerstones of his Secretary-Generalship. The principle has also become part of the working language of international engagement with humanitarian crises and has been debated in relation to almost every recent international crisis – including Sudan, Sri Lanka, Myanmar, Georgia, the Democratic Republic of Congo, Darfur and Somalia. Concentrating mainly on implementation challenges including the prevention of genocide and mass atrocities, strengthening the UN’s capacity to respond, and the role of regional organizations, this book introducing readers to contemporary debates on R2P and provides the first book-length analysis of the implementation agenda. The book will be of great interest to students of the responsibility to protect, humanitarian intervention, human rights, foreign policy, security studies and IR and politics in general.

Understanding Civil Wars

Author: Edward Newman
Publisher: Routledge
ISBN: 1134715420
Format: PDF, Docs
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This volume explores the nature of civil war in the modern world and in historical perspective. Civil wars represent the principal form of armed conflict since the end of the Second World War, and certainly in the contemporary era. The nature and impact of civil wars suggests that these conflicts reflect and are also a driving force for major societal change. In this sense, Understanding Civil Wars: Continuity and change in intrastate conflict argues that the nature of civil war is not fundamentally changing in nature. The book includes a thorough consideration of patterns and types of intrastate conflict and debates relating to the causes, impact, and ‘changing nature’ of war. A key focus is on the political and social driving forces of such conflict and its societal meanings, significance and consequences. The author also explores methodological and epistemological challenges related to studying and understanding intrastate war. A range of questions and debates are addressed. What is the current knowledge regarding the causes and nature of armed intrastate conflict? Is it possible to produce general, cross-national theories on civil war which have broad explanatory relevance? Is the concept of ‘civil wars’ empirically meaningful in an era of globalization and transnational war? Has intrastate conflict fundamentally changed in nature? Are there historical patterns in different types of intrastate conflict? What are the most interesting methodological trends and debates in the study of armed intrastate conflict? How are narratives about the causes and nature of civil wars constructed around ideas such as ethnic conflict, separatist conflict and resource conflict? This book will be of much interest to students of civil wars, intrastate conflict, security studies and international relations in general.

The Oxford Handbook of the Use of Force in International Law

Author: Marc Weller
Publisher: OUP Oxford
ISBN: 019165390X
Format: PDF, Kindle
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The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.