The Gulf War 1990 91 in International and English Law

Author: Peter Rowe
Publisher: Routledge
ISBN: 9780203992548
Format: PDF, ePub, Mobi
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There is no doubt that international law was of major importance during the Gulf conflict of 1990-91. Military and other actions were repeatedly justified through reference to international law, and disputes about interpretation were frequent. This book provides a definitive legal analysis of the conflict, with reference both to international and to English law. Some have been tempted to argue that international law is an ineffective means of controlling the activities of a state and its armed forces from the fact that there were no war crimes trials of the leaders of Iraq, or of any other state. International law does, however, provide a set of norms either (a) agreed to by individual states through the ratification of, or accession to, a treaty, or (b) which apply to all states by the operation of customary international law and other secondary sources. This book determines these norms in order to judge the manner in which individual states recognized the binding nature of them in the conduct of their operations. The contributors include lawyers from each of the three British armed services.

The Gulf War 1990 91 in International and English Law

Author: Peter J. Rowe
Publisher: Psychology Press
ISBN: 0415075203
Format: PDF, ePub, Docs
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There is no doubt that international law was of major importance during the Gulf conflict of 1990-91. Military and other actions were repeatedly justified through reference to international law, and disputes about interpretation were frequent. This book provides a definitive legal analysis of the conflict, with reference both to international and to English law. Some have been tempted to argue that international law is an ineffective means of controlling the activities of a state and its armed forces from the fact that there were no war crimes trials of the leaders of Iraq, or of any other state. International law does, however, provide a set of norms either (a) agreed to by individual states through the ratification of, or accession to, a treaty, or (b) which apply to all states by the operation of customary international law and other secondary sources. This book determines these norms in order to judge the manner in which individual states recognized the binding nature of them in the conduct of their operations. The contributors include lawyers from each of the three British armed services.

Gulf War Reparations and the UN Compensation Commission

Author: Cymie Payne
Publisher: Oxford University Press
ISBN: 0199875766
Format: PDF, Docs
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In Gulf War Reparations and the UN Compensation Commission: Environmental Liability, experts who held leadership positions and worked directly with the UNCC draw on their experience with the institution and provide a comprehensive view of the United Nations Compensation Comission and its work in the aftermath of the Gulf War. In this volume, the first of two on the UNCC's work, the authors explain that the United Nations Security Council established the ad hoc compensation commission to address reparations as a component of the ceasefire following Iraq's 1990-91 invasion and occupation of Kuwait. The authors also describe how the work of the United Nations Compensation Commission addressed important questions of state responsibility, environmental liability, mass claims processing, international law, and dispute settlement institutions in the post-armed conflict context. Readers will also learn that the scope and the scale of the UNCC was extraordinary, since almost 2.7 million claims from 80-plus countries were submitted to the Commission (which awarded in excess of $55 billion and has paid out more than half of that total), and that this led to the development of innovative procedural, institutional and managerial approaches in handling mass, environmental, and corporate claims at a scale that is unparalleled. Additionally, the books note that the Commission also contributed to the evolution of international jurisprudence in these areas.

The Conduct of Hostilities Under the Law of International Armed Conflict

Author: Yoram Dinstein
Publisher: Cambridge University Press
ISBN: 9780521542272
Format: PDF, ePub, Docs
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A companion volume to the author's textbook War, Aggression and Self-Defence, Third Edition (Cambridge 2001), this book focuses on issues arising in the course of hostilities between States, emphasizing the most recent conflicts in Iraq and Afghanistan. Main themes considered are lawful and unlawful combatants, war crimes (including command responsibility and defenses), prohibited weapons, the distinction between combatants and civilians, legitimate military objectives, and the protection of the environment and cultural property. Many specific topics that have attracted much interest in recent hostilities are also addressed. Also available: War, Aggression and Self-Defence 0-521-79344-0 Hardback $110.00 C 0-521-79758-6 Paperback $40.00 D

The Ethics of Destruction

Author: Ward Thomas
Publisher: Cornell University Press
ISBN: 0801471680
Format: PDF, Kindle
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Many assume that in international politics, and especially in war, "anything goes." Sherman famously declared war "is all hell." The implication behind the maxim is that in war there is no order, only chaos; no mercy, only cruelty; no restraint, only suffering. Ward Thomas finds that this "anything goes" view is demonstrably wrong. It neither reflects how most people talk about the use of force in international relations nor describes the way national leaders actually use military force. Events such as those in Europe during World War II, in the Persian Gulf War, and in Kosovo cannot be understood, he argues, until we realize that state behavior, even during wartime, is shaped by common understandings about what is ethically acceptable and unacceptable. Thomas makes extensive use of two cases—the assassination of foreign leaders and the aerial bombardment of civilians—to trace the relative influence of norms and interests. His insistence on interconnections between ethical principle and material power leads to a revised understanding of the role of normative factors in foreign policy and the ways in which power and interest shape the international system.

Kuwait

Author: Frank Clements
Publisher: Abc-Clio Incorporated
ISBN: 9781851092123
Format: PDF
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In the eighteenth and nineteenth centuries Kuwait was the home of a prosperous people, dependent largely on trading, pearling and fishing. The country successfully maintained independence from the Ottomans and other powers through the help of close treaty relations with Britain. The first oil concessions in 1934 and the development of the oil industry transformed the country's character and future, a structure later altered by the Gulf War. This bibliography covers all aspects of Kuwait's history and cultural heritage, and the country's significance in both the Gulf and the world arena. Particular attention is paid to the oil industry and the invasion of Kuwait and the Gulf War.

The United Nations Compensation Commission

Author: Marco Frigessi De Rattalma
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041111999
Format: PDF, Docs
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The United Nations Compensation Commission (UNCC) is a unique international institution, established by the Security Council in 1991 entrusted with the power of processing and assessing of claims against Iraq arising from the Gulf War and the payment thereof. The UNCC, as a subsidiary organ of the Council, has been created to determine the validity and amount of claims arising on or after August 2, 1990 based upon any direct loss, damage, including environmental damage and depletion of natural resources, to foreign States, nationals or corporations. Iraq, as a consequence of its unlawful invasion and occupation of Kuwait, is liable under international law for the damages incurred. In the seven years since its establishment, the UNCC's major body, the Governing Council, has issued more than forty decisions of a substantive and procedural nature, covering almost all areas of international law in the field of claims. The Panels of Commissioners, the quasi-arbitral bodies of the UNCC, have issued many reports examining a plethora of new as well as old legal issues which have been approved by the Governing Council; and, last but not least, the UNCC has started the payment of the awards. Not only will the UNCC be providing satisfaction to the numerous victims of Iraq's aggression; indeed, its activity will provide useful guidelines for the handling of mass international claims programs in the future. The "Handbook" contains the complete text of the relevant Security Council Resolutions and Reports of the Secretary General, all Governing Council's decisions, a review of the main legal statements by the Panels of Commissioners, a selected bibliography, an index and an introductory essay dealingwith the origins of the UNCC, the claims procedure, the substantive rules on State responsibility, the legal basis of the UNCC and its activities and the perspectives of the UNCC.