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Books > Law > International law > Public international law > General
Jus Post bellum: Restraint, Stabilisation and Peace seeks to answer the question "is restraint in war essential for a just and lasting peace"? With a foreword by Professor Brian Orend who asserts this as "a most commendable subject" in extending Just War Theory, the book contains chapters on the ethics of war-fighting since the end of the Cold War and a look into the future of conflict. From the causes of war, with physical restraint and reconciliation in combat and political settlement, further chapters written by expert academics and military participants cover international humanitarian law, practicalities of the use of force and some of the failures in achieving safe and lasting peace in modern-day theatres of conflict.
This book provides the first comprehensive comparison of the Aircraft Maintenance Program (AMP) requirements of the two most widely known aviation regulators: the European Aviation Safety Agency (EASA) and the Federal Aviation Administration (FAA). It offers an in-depth examination of the elements of an AMP, explaining the aircraft accident investigations and events that have originated and modelled the current rules. By introducing the Triangle of Airworthiness model (Reliability, Quality and Safety), the book enables easier understanding of the processes by which an aircraft and its components are deemed to be in a safe condition for operation from a cost-effective and optimization perspective. The book compares the best practices used by top airlines and compiles a series of tools and techniques to improve the standards of the AMP. Aircraft maintenance engineers, students in the field of aerospace engineering, and airlines staff, as well as researchers more widely interested in safety, quality, and reliability will benefit from reading this book
Neumann and Wigen counter Euro-centrism in the study of international relations by providing a full account of political organisation in the Eurasian steppe from the fourth millennium BCE up until the present day. Drawing on a wide range of archaeological and historical secondary sources, alongside social theory, they discuss the pre-history, history and effect of what they name the 'steppe tradition'. Writing from an International Relations perspective, the authors give a full treatment of the steppe tradition's role in early European state formation, as well as explaining how politics in states like Turkey and Russia can be understood as hybridising the steppe tradition with an increasingly dominant European tradition. They show how the steppe tradition's ideas of political leadership, legitimacy and concepts of succession politics can help us to understand the policies and behaviour of such leaders as Putin in Russia and Erdogan in Turkey.
Published annually, Terrorism: International Case Law Reporter is a collection of the most important cases in security law from around the world. Handpicked and introduced by internationally renowned terrorism scholar Michael Newton and by a distinguished board of global experts, the cases included cover topics as diverse as human rights, immigration, freedom of speech, and terrorist financing. This unique resource serves scholars, students, and practitioners seeking an authoritative and comprehensive resource for security law research like no other publication on the market. The 2007 edition includes cases highlighting issues such as: * Whether a terrorism suspect detained in the U.S. can seek treaty-based relief in the European Court of Human Rights. * Whether a corporate creditor of an African nation can seek overdue payment from an African government in a U.K. domestic court. Each annual edition serves a function of unique and growing importance as the one source that juxtaposes international decisions with those emanating from domestic forums. The comprehensive index also helps the reader to synthesize the commonality of issues. This publication can also be purchased on a standing order basis.
Published annually, Terrorism: International Case Law Reporter is a collection of the most important cases in security law from around the world. Handpicked and introduced by internationally renowned terrorism scholar Michael Newton and by a distinguished board of global experts, the cases included cover topics as diverse as human rights, immigration, freedom of speech, and terrorist financing. All cases are also accompanied by headnotes that summarize the key issues for the benefit of researchers. This unique resource serves scholars, students, and practitioners seeking an authoritative and comprehensive resource for security law research like no other publication on the market. With the 2008 edition of the Terrorism: International Case Law Reporter, Oxford introduces detailed headnotes to the series. Professor Michael Newton and his team have provided, for each case, a robust summary and a concise statement of the case's central issues and holding. Professor Newton has also added Israel and the Middle East as necessary new regional topics for a series that covers terrorism-related jurisprudence worldwide. The 2008 edition includes cases highlighting issues such as: * The contentious issue of what legal status "enemy combatants" possess in U.S. courts. * The volatile issue of whether agents of a state may be held criminally liable for terrorism when carrying out official duties; exemplified by one of many prominent cases in this year's edition to come from non-U.S. courts, the Argentinean case Velasco, which appears in this edition is the only English translation available anywhere. * The treatment of terrorist suspects and the wide-ranging comparison of how different jurisdictions balance security interests against the need to provide constitutional and treaty-based protections to criminal defendants. * The financial aspects of terrorism and regional developments related to powerful terrorist groups. Each annual edition serves a function of unique and growing importance as the one source that juxtaposes international decisions with those emanating from domestic forums. The comprehensive index also helps the reader to synthesize the commonality of issues. This publication can also be purchased on a standing order basis.
Over the past decade, the Democratic Republic of the Congo (DR Congo) and South Africa have attracted global attention for high rates of sexual and gender-based violence. Why is it that courts in eastern DR Congo prioritize gender crimes despite considerable logistical challenges, while courts in South Africa, home to a far stronger legal infrastructure and human rights record, have struggled to provide justice to victims of similar crimes? Lake shows that state fragility in DR Congo has created openings for human rights nongovernmental organizations (NGOs) to influence legal processes in ways that have proved impossible in countries like South Africa, where the state is stronger. Yet exploiting opportunities presented by state fragility to pursue narrow human rights goals invites a host of new challenges. Strong NGOs and Weak States documents the promises and pitfalls of human rights and rule of law advocacy undertaken by NGOs in strong and weak states alike.
This book explores the way domestic courts contribute to the
maintenance of theinternational of law by providing judicial
control over the exercises of public powers that may conflict with
international law. The main focus of the book will be on judicial
control of exercise of public powers by states. Key cases that will
be reviewed in this book, and that will provide empirical material
for the main propositions, include Hamdan, in which the US Supreme
Court reviewed detention by the United States of suspected
terrorists against the 1949 Geneva Conventions; Adalah, in which
the Supreme Court of Israel held that the use of local residents by
Israeli soldiers in arresting a wanted terrorist is unlawful under
international law, and the Narmada case, in which the Indian
Supreme Court reviewed the legality of displacement of people in
connection with the building of a dam in the river Narmada under
the ILO Indigenous and Tribal Populations Convention 1957 (nr 107).
In this ambitious study, Anna K. Boucher and Justin Gest present a unique analysis of immigration governance across thirty countries. Relying on a database of immigration demographics in the world's most important destinations, they present a novel taxonomy and an analysis of what drives different approaches to immigration policy over space and time. In an era defined by inequality, populism, and fears of international terrorism, they find that governments are converging toward a 'Market Model' that seeks immigrants for short-term labor with fewer outlets to citizenship - an approach that resembles the increasingly contingent nature of labor markets worldwide.
This book introduces the Original Nation scholarship to examine the historical genealogy of the nation's struggles against the state. A fundamentally different portrait of history, geography, politics, and the role of law emerges when the perspective of the nation and peoples is placed at the center of geopolitical analysis of global affairs. In contrast to traditional and canonical state-centric narratives, the Original Nation scholarship offers a diametrically distinct "on-the-ground" and "bottom-up" portrait of the struggle, resistance, and defiance of the nation and peoples. It exposes persistent global patterns of genocide, ecocide, and ethnocide that have resulted from attempts by the state to occupy, suppress, exploit, and destroy the nation. The Original Nation scholarship offers a powerful and widely applicable intellectual tool to examine the history of resilience, emancipatory struggles, and collective efforts to build a vibrant alternative world among the nation and peoples across the globe.
The use of indicators as a technique of global governance is
increasing rapidly. Major examples include the World Bank's Doing
Business Indicators, the World Bank's Good Governance and Rule of
Law indicators, the Millennium Development Goals, and the
indicators produced by Transparency International. Human rights
indicators are being developed in the UN and regional and advocacy
organizations. The burgeoning production and use of indicators has
not, however, been accompanied by systematic comparative study of,
or reflection on, the implications, possibilities, and pitfalls of
this practice.
This book deals with two areas: Global Commons and Security: inextricably melted together and more relevant than ever in a world which is ever globalized and... with an incognita looming on the horizon: the effects of the Coronavirus pandemic upon the International Relations and globalization. Global Commons have always been relevant. It was Mahan who argued that the first and most obvious light in which the sea presents itself from the political and social point of view, is that of a great highway; or better, perhaps, of a wide common... Nowadays, this view has been further developed and, in addition to the unique legal implications that the Global Commons introduce, they are viewed, more and more intently, as a common pool of resources. Or perhaps, not that common... Resources, the key word! Which has to be always supplemented by two key words: access and security. And still, another one: data, the cyberspace contribution to the equation.
From climate change to nuclear war to the rise of demagogic populists, our world is shaped by doomsday expectations. In this path-breaking book, Alison McQueen shows why three of history's greatest political realists feared apocalyptic politics. Niccolo Machiavelli in the midst of Italy's vicious power struggles, Thomas Hobbes during England's bloody civil war, and Hans Morgenthau at the dawn of the thermonuclear age all saw the temptation to prophesy the end of days. Each engaged in subtle and surprising strategies to oppose apocalypticism, from using its own rhetoric to neutralize its worst effects to insisting on a clear-eyed, tragic acceptance of the human condition. Scholarly yet accessible, this book is at once an ambitious contribution to the history of political thought and a work that speaks to our times.
The law of the external relations of the European Union is a
subject of great importance. The EU institutions have developed an
extensive practice in this area, by concluding many international
agreements, by participating in the work of international
organizations, and by legislating and regulating on matters of
external relations. It is a practice giving rise to many legal
problems and questions, as evidenced by the substantial and fast
expanding body of case-law in this area from the EU Courts. These
problems and questions are often of constitutional significance,
and the external relations law of the EU therefore occupies an
important place in the overall constitutional and institutional
development of the EU.
In 1955, a conference was held in Bandung, Indonesia that was attended by representatives from twenty-nine nations. Against the backdrop of crumbling European empires, Asian and African leaders forged new alliances and established anti-imperial principles for a new world order. The conference came to capture popular imaginations across the Global South and, as counterpoint to the dominant world order, it became both an act of collective imagination and a practical political project for decolonization that inspired a range of social movements, diplomatic efforts, institutional experiments and heterodox visions of the history and future of the world. In this book, leading international scholars explore what the spirit of Bandung has meant to people across the world over the past decades and what it means today. It analyzes Bandung's complicated and pivotal impact on global history, international law and, most of all, justice struggles after the end of formal colonialism.
The rules of state responsibility have an important but
under-utilized role to play in the terrorism context. They
determine both whether a breach of primary obligations has
occurred, through the rules of attribution, and the consequences
which flow from that breach, including the possible adoption of
responsive measures by injured states. This book explores the
substantive international legal obligations and rules of state
responsibility applicable to international terrorism and examines
the problems and prospects for effectively holding states
responsible for internationally wrongful acts related to terrorism.
In particular, it analyses the way in which the implementation of
state responsibility for international terrorism may be affected by
the self-determination debate and any applicable lex specialis
(including the jus in bello), including any sub-systems of
international law (such as the WTO), as well as by the interaction
between determinations of individual criminal responsibility and
the implementation of state responsibility.
This edited volume discusses how even small nation states can make a significant difference in the future of space governance. The book is divided into three main sections covering political theory, case studies, and space technology and applications. Key topics of discussion include planetary defense, space mining, and high-power systems in space. Through these timely subjects, the book presents strategies for developing a truly global governance framework in space, based on the concept of a responsible cosmopolitan state. Authored by a multidisciplinary group of researchers from the Czech Republic, the volume will appeal to other scientific teams and policymakers looking to become pioneers of cosmopolitan space policies at a national and global level.
Transition to Journals
Over the past one hundred years, the conceptual and legal aspects
of collective security have been the subject of much debate. Rapid
developments within the United Nations, its precursor the League of
Nations, and regional security institutions, as well as the
interaction between them, mean this debate has not so far succeeded
in capturing the essence and implications of collective security.
The book examines one of the most debated issues in current
international law: to what extent the international legal system
has constitutional features comparable to what we find in national
law. This question has become increasingly relevant in a time of
globalization, where new international institutions and courts are
established to address international issues. Constitutionalization
beyond the nation state has for many years been discussed in
relation to the European Union. This book asks whether we now see
constitutionalization taking place also at the global level.
Terrorism: International Case Law Reporter is an annual collection of the most important cases in security law from around the world. Handpicked and introduced by internationally renowned terrorism scholar Michael Newton and by a distinguished board of global experts, the cases in this series cover topics as diverse as human rights, immigration, freedom of speech, and organizational status. This unique series serves scholars, students, and practitioners seeking an authoritative and comprehensive resource for security law research like no other product on the market. The 2009 edition highlights the increasingly interconnected nature of terrorism as a transnational legal problem. Several cases address the interface of domestic law with international obligations in the context of armed conflict. This volume is also notable for the depth of consolidated criminal law cases. R v. Horncastle and Others, a case from the United Kingdom, provides an extensive analysis of the parameters for the admissibility of hearsay evidence, and thus helps readers understand the core of perhaps the most important of the controversies surrounding the ongoing trials held at Guantanamo Bay following the amendments to the U.S. Military Commissions Act enacted during the Obama administration. This series serves a unique and growing importance as the one source that juxtaposes international decisions with those emanating from domestic forums. The comprehensive index then helps the reader to synthesize the commonality of issues.
This book is the first systematic scientific study of global quasi-legislation. Taking public opinion and multilateral agreements as the international equivalent to national election and passing laws on the national scale, and extending nation-state concepts to a global society, it analyzes citizens' preferences and the state's willingness to enter into 120 multilateral treaties. After identifying the links as a first step toward conceptualizing quasi-legislative global politics, the book examines how each of the 193 states manifests quasi-legislative behavior by factor-analyzing six instrumental variables such as treaty participation index and six policy domains of multilateral treaties, including peace and trade. It then discusses global change between 1989 and 2008, and conceptually and empirically examines the three theories of global politics that originated during that period: the theory of power transition, theory of civilizational clash and theory of global legislative politics. Lastly, it proposes a theory of global legislative politics. Shedding fresh light on the transformative nature of multilateral treaties, this book attracts researchers and students in political philosophy, international law and international relations as well as practitioners and journalists. Inoguchi and Le have developed a genuinely original perspective on world politics, one that opens up a new research agenda for thinking about state and global actors simultaneously.-- Anne-Marie Slaughter, Bert G. Kerstetter '66 University Professor Emerita of Politics and International Affairs, Princeton University This is one of those books that warrant a global readership given its emphasis on the implied trust that we invest in public institutions as viewed from an interdisciplinary perspective. -- Richard J. Estes, Professor of Social Policy & Practice, University of Pennsylvania, Philadelphia, Pennsylvania This book is innovative and distinctive in carving out a new way to look at "global legislative politics." I do not know of anything that compares in this interesting and novel niche of international relations analysis.-- William R. Thompson, Distinguished Professor and Rogers Chair of Political Science Emeritus, Indiana University
This book argues that Sierra Leone's ten-year civil conflict demonstrates the criticality of freedom of information (FOI) as a facet of good governance where corruption thrives, spanning both public and private sectors, if Sierra Leone's continued security and stability are to be ensured. It argues that it was the absence of an anti-corruption tool like FOI and its attendants, transparency, and accountability, in governance generally, and in the area of the extractive industry in particular, that lead to other social phenomena which directly sparked the war. It proffers that for the continued consolidation of peace, security, stability and development in Sierra Leone, transparency and accountability must be ensured by protecting and implementing the demand driven anti-graft FOI. Straddling the disciplines of law, political science, public policy, and history, the book's major premise is that it was the absence of FOI in the area of governance and the extractive industry, which enabled politicians, civil servants and the politically connected to ransom and exploit Sierra Leone's mineral resources for their own profit with impunity, a state of affairs which led to underdevelopment, state collapse and an embittered civil populace especially the youth. The book postulates that as such any attempt to ensure long-term peace in Sierra Leone, should seek to avoid replicating the conditions that gave rise to that gruesome conflict- elites expropriation of national resources through endemic graft. The book proposes the comprehensive and effective implementation of the Right to Information Act 2013. |
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