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Books > Law > International law > General
Peace is an elusive concept, especially within the field of
international law, varying according to historical era and between
Research Handbook responds to the gap created by the neglect of
peace in international law scholarship. Explaining the normative
evolution of peace from the principles of peaceful co-existence to
the UN declaration on the right to peace, this Research Handbook
calls for the fortification of international institutions to
facilitate the pursuit of sustainable peace as a public good. It
sets forth a new agenda for research that invites scholars from a
broad array of disciplines and fields of law to analyse the
contribution of international institutions to the construction and
implementation of sustainable peace. With its critical examination
of courts, transitional justice institutions, dispute resolution
and fact-finding mechanisms, this Research Handbook goes beyond the
traditional focus on post-conflict resolution, and includes areas
not usually found in analyses of peace such as investment and trade
law. Bringing together contributions from leading researchers in
the field of international law and peace, this Research Handbook
analyses peace in the context of law applicable to women, refugees,
environmentalism, sustainable development, disarmament, and other
key contemporary issues. This thoughtful Research Handbook will be
a crucial tool for policymakers, practitioners, and academics in
the fields of international law, human rights, jus post bellum, and
development. Its comprehensive insights to the field will also be
of benefit for students of political science, law, and peace
studies. Contributors: B.A. Andreassen, C.M. Bailliet, D. Behn, K.
Egeland, O. Engdahl, O.K. Fauchald, J. Garcia-Godos, C.
Hellestveit, M. Janmyr, S. Kanuck, K.M. Larsen, K. Liden, G.
Nystuen, S. O'Connor, J.C. Sainz-Borgo, K. Skarstad, V.B. Strand,
H. Syse, A Tadjdini, C. Voigt, C. Weiss, P. Wrange, G. Zyberi
Through the analysis of Al-Shaybani?'s most prolific work As-Siyar
Al Kabier, this book offers a unique insight into the classic
Islamic perspective on international law. Despite being recognised
as one of the earliest contributors to the field of international
law, there has been little written, in English, on Al-Shaybani?'s
work; this book will go some way towards filling the lacuna.
International Islamic Law examines Al-Shaybani?'s work alongside
that of other leading scholars such as: Augustine, Gratian,
Aquinas, Vitoria and Grotius, proving a full picture of early
thinking on international law. Individual chapters provide
discussion on Al-Shaybani?'s writing in relation to war, peace, the
consequences of war and diplomatic missions. Khaled Ramadan Bashir
uses contemporary international law vocabulary to enable the reader
to consider Al-Shaybani?'s writing in a modern context. This book
will be a useful and unique resource for scholars in the field of
international Islamic law, bringing together and translating a
number of historical sources to form one accessible and coherent
text. Scholars researching the historical and jurisprudential
origins of public international law topics, such as: international
humanitarian law, ?just war?, international dispute resolution,
asylum and diplomacy will also find the book to be an interesting
and valuable text.
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Peace is an elusive concept, especially within the field of
international law, varying according to historical era and between
Research Handbook responds to the gap created by the neglect of
peace in international law scholarship. Explaining the normative
evolution of peace from the principles of peaceful co-existence to
the UN declaration on the right to peace, this Research Handbook
calls for the fortification of international institutions to
facilitate the pursuit of sustainable peace as a public good. It
sets forth a new agenda for research that invites scholars from a
broad array of disciplines and fields of law to analyse the
contribution of international institutions to the construction and
implementation of sustainable peace. With its critical examination
of courts, transitional justice institutions, dispute resolution
and fact-finding mechanisms, this Research Handbook goes beyond the
traditional focus on post-conflict resolution, and includes areas
not usually found in analyses of peace such as investment and trade
law. Bringing together contributions from leading researchers in
the field of international law and peace, this Research Handbook
analyses peace in the context of law applicable to women, refugees,
environmentalism, sustainable development, disarmament, and other
key contemporary issues. This thoughtful Research Handbook will be
a crucial tool for policymakers, practitioners, and academics in
the fields of international law, human rights, jus post bellum, and
development. Its comprehensive insights to the field will also be
of benefit for students of political science, law, and peace
studies. Contributors: B.A. Andreassen, C.M. Bailliet, D. Behn, K.
Egeland, O. Engdahl, O.K. Fauchald, J. Garcia-Godos, C.
Hellestveit, M. Janmyr, S. Kanuck, K.M. Larsen, K. Liden, G.
Nystuen, S. O'Connor, J.C. Sainz-Borgo, K. Skarstad, V.B. Strand,
H. Syse, A Tadjdini, C. Voigt, C. Weiss, P. Wrange, G. Zyberi
The ever-growing interaction between member States and
international organisations results, all too often, in situations
of non-conformity with international law (eg peacekeeping
operations, international economic adjustment programmes,
counter-terrorism sanctions). Seven years after the finalisation of
the International Law Commission's Articles on the Responsibility
of International Organisations (ARIO), international law on the
allocation of international responsibility between these actors
still remains unsettled. The confusion around the nature and
normative calibre of the relevant rules, the paucity of relevant
international practice supporting them and the lack of a clear and
principled framework for their elaboration impairs their
application and restricts their ability to act as effective
regulatory formulas. This study aims to offer doctrinal clarity in
this area of law and purports to serve as a point of reference for
all those with a vested interest in the topic. For the first time
since the publication of the ARIO, all international responsibility
issues dealing with interactions between member States and
international organisations are put together in one book under a
common approach. Structured around a systematisation of the
interactions between these actors, the study provides an analytical
framework for the regulation of indirect responsibility scenarios.
Based on the ideas of the intellectual fathers of international
law, such as Scelle's 'dedoublement fonctionnel' theory and Ago's
'derivative responsibility' model, the book employs old ideas to
add original argumentation to a topic that has been dealt with
extensively by recent commentators.
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