International Law and the Use of Force

Author: Christine Gray
Publisher: Oxford University Press
ISBN: 0192536443
Format: PDF, Docs
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This book explores the large and controversial subject of the use of force in international law. It examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the increasing role of regional organizations in the maintenance of international peace and security. The UN Charter framework is under challenge. Russia's invasion of Georgia and intervention in Ukraine, the USA's military operations in Syria, and Saudi Arabia's campaign to restore the government of Yemen by force all raise questions about the law on intervention. The 'war on terror' that began after the 9/11 terrorist attacks on the USA has not been won. It has spread far beyond Afghanistan: it has led to targeted killings in Pakistan, Somalia, and Yemen, and to intervention against ISIS in Iraq and Syria. Is there an expanding right of self-defence against non-state actors? Is the use of force effective? The development of nuclear weapons by North Korea has reignited discussion about the legality of pre-emptive self-defence. The NATO-led operation in Libya increased hopes for the implementation of 'responsibility to protect', but it also provoked criticism for exceeding the Security Council's authorization of force because its outcome was regime change. UN peacekeeping faces new challenges, especially with regard to the protection of civilians, and UN forces have been given revolutionary mandates in several African states. But the 2015 report Uniting Our Strengths reaffirmed that UN peacekeeping is not suited to counter-terrorism or enforcement operations; the UN should turn to regional organizations such as the African Union as first responders in situations of ongoing armed conflict.

International Law

Author: Anders Henriksen
Publisher: Oxford University Press
ISBN: 0198753012
Format: PDF
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International Law provides a fresh, student-focused approach and European perspective on the central issues in public international law. Providing ideal coverage for short foundational courses, this engaging new textbook introduces all the essential topics in a concise and manageable way. Dedicated chapters on environmental law, economic law, and human rights are included, ensuring that appropriate coverage is given to the various areas affected by international law. The core topics are fully explained in plain terms and the principles and key terminology outlined in an accessible style. Taking a critical perspective throughout, Henriksen introduces the areas of debate and builds students' confidence in understanding the complexities of the international legal system and its operation across borders. Particular emphasis is placed on the key issues in civil law jurisdictions, making this text perfectly suited for students based in mainland Europe. A range of learning features highlight the important areas of debate and encourage students to engage critically with important disputes. Central issues boxes introduce each chapter, highlighting the controversies and key principles explored; chapter summaries provide an overview for students to review their understanding of a particular topic; discussion questions encourage students to apply their knowledge to addressing specific problems within the context of the subject; and carefully selected recommended reading lists guide students' wider research and enable them to broaden and consolidate their learning. Online Resource Centre An accompanying Online Resource Centre offers a range of freely available materials to support lecturers and students in their studies. The resources included with International Law include: - Updates on the law and significant developments within the field of public international law - Short podcasts introducing the core topics covered - Advice on answering the Questions for Discussion at the end of each chapter - Links to other international law resources

Politics of International Law and International Justice

Author: Edwin Egede
Publisher: Edinburgh University Press
ISBN: 0748684522
Format: PDF, ePub, Mobi
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A textbook introduction to international law and justice is specially written for students studying law in other departments, such as politics and IR. Students will engage with debates surrounding sovereignty and global governance, sovereign and diplomati

The Law of Armed Conflict and the Use of Force

Author: Frauke Lachenmann
Publisher: Oxford University Press
ISBN: 0198784627
Format: PDF, Docs
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This volume brings together articles on the law of armed conflict and the use of force from the Max Planck Encyclopedia of Public International Law, the definitive reference work on international law. It provides an invaluable resources for scholars, students, and practitioners of international humanitarian law, giving an accessible, thorough overview of all aspects of the field. Each article contains cross-references to related articles, and includes a carefully selected bibliography of the most important writings and primary materials as a guide to further reading. The Encyclopedia can be used by a wide range of readers. Experienced scholars and practitioners will find a wealth of information on areas that they do not already know well as well as in-depth treatments on every aspect of their specialist topics. Articles can also be set as readings for students on taught courses.

Public International Law

Author: Sam Blay
Publisher:
ISBN: 9780195514223
Format: PDF, ePub, Docs
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This new edition of the respected textbook Public International Law: An Australian Perspective has been fully revised and provides an authoritative account of international law from an Australian perspective. This text clearly and concisely outlines principles of international law within the political framework in which they operate, and highlights the crucial legal aspects of Australia's place in the modern word. It provides an up-to-date account of the legal foundations for the way nations behave, and contains extensive examples of Australian practice and policy in international law. The format follows that of the first edition, but has been updated to take full account of recent major developments in the last seven years, including the use of force, the role of the United Nations, human rights, and international criminal jurisdiction. Public International Law: An Australian Perspective 2e, explains these developments and specifically draws attention to the Australian dimension, by discussing Australian practice and by showing how these changes impact on Australia. This is the only general international law text that deliberately exploits the Australian dimension and each chapter is written by an acknowledged expert in international law. Provides a detailed and up-to-date analysis of: the use of force; human rights; refugee law; state responsibility; jurisdiction; the law of the sea, international environmental law, Antarctica and international law; and modern trends in international legal theoryProven Features: Well-regarded and established text Explains the essentials of international law in an accessible and analytical way Appeals not only to students of international law, but also to those interested in international affairs Authoritative account of the law in a rapidly expanding area Reader friendly and assumes no prior knowledge of the subject Contains detailed examples of Australian practice and policy in international law and highlights the crucial legal aspects of Australia's place in the modern world Contributions from the leading Australian scholars and practitioners in the field Provides an invaluable foundation for students of international law Contributors: Dr Rosalie Balkin, International Maritime Organisation, London Professor Sam Blay, Faculty of Law, University of Technology Sydney Professor Hilary Charlesworth, Faculty of Law, ANU Professor James Crawford, University of Cambridge Emeritus Professor Don Grieg, Faculty of Law, ANU Professor Stuart Kaye, Faculty of Law, University of Wollongong Wendy Lacey, Law School, University of Adelaide Professor Tim McCormack, Law School, University of Melbourne Professor Robert McCorquodale, University of Nottingham Dr Penelope Mathew, Faculty of Law, ANU Dr Peter Nygh (deceased), formerly Principal Member, Refugee Review Tribunal Brian Opeskin, Commissioner, Australian Law Reform Commission Professor Ryszard Piotrowicz, University of Wales, Aberystwyth Dr Rosemary Rayfuse, Faculty of Law, University of New South Wales Associate Professor Donald Rothwell, Faculty of Law, University of Sydney Professor Ivan Shearer, Faculty of Law, University of Sydney Professor B. Martin Tsamenyi, Faculty of Law, University of Wollongong

The Foundations of International Investment Law

Author: Zachary Douglas
Publisher: OUP Oxford
ISBN: 0191508586
Format: PDF, Docs
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International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.

Targeted killing

Author: Heiko F. Schmitz-Elvenich
Publisher: Peter Lang
ISBN: 9783631576465
Format: PDF, Kindle
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Das Thema der -Gezielten Totung von Terroristen- ist aufgrund der jungsten Entwicklungen in der internationalen Terrorismusbekampfung von hochster Aktualitat. Insbesondere der von der US-Administration ausgerufene -Krieg gegen den Terror- und das israelische Vorgehen gegen palastinensische Extremisten haben eine intensive volkerrechtliche Diskussion in Gang gesetzt. Der Verfasser nimmt sich der vielschichtigen, eine ganze Reihe von Grundfragen des Volkerrechts beruhrenden Problematik an, um die politische Diskussion mit einer wissenschaftlich-volkerrechtlichen Analyse zu unterlegen. Er beleuchtet dabei im Schwerpunkt das UN-Chartarecht im Hinblick auf das Gewaltverbot und das volkerrechtliche Selbstverteidigungsrecht, widmet sich aber auch dem humanitaren Volkerrecht und dem internationalen Menschenrechtsschutz."

Promoting Peace Through International Law

Author: Cecilia Marcela Bailliet
Publisher: OUP Oxford
ISBN: 0191034304
Format: PDF, ePub
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Within international law there is no unified concept of peace. This book addresses this gap by considering the liberal conception of peace within Western philosophy alongside the principle of 'peaceful coexistence' supported in the East. By tracing the evolution of the international law of peace through its historical and philosophical origins, this book investigates whether there is a 'right to peace'. The book explores how existing international law and institutions contribute to the establishment of peace, or how they fail to do so. It sets out how international law promotes the negative dimension of peace-the absence of violence-as well as its positive dimension: the presence of underlying conditions for peace. It also investigates whether international actors and institutions have particular obligations in relation to the establishment and maintenance of peace. Discussions include: the relationships between the different regimes of human rights, trade, development, the environment, and regulation of arms trade with peace; the role of women, refugees, and other groups seeking equal treatment; the role of peacekeepers, transitional justice mechanisms, international courts fact-finding missions, and national constitutional frameworks in upholding peace in practice; and how civil society participates in the promotion and safeguarding of peace. The book's comprehensive treatment of the concept of peace in international law makes it an ideal reference work for those working in the field, as well as for students.

The Oxford Handbook of the Use of Force in International Law

Author: Marc Weller
Publisher: OUP Oxford
ISBN: 0191653918
Format: PDF, ePub, Mobi
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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.