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Books > Law > International law > Public international law > International humanitarian law

The Killing of Death - Denying the genocide against the Tutsi (Paperback): Roland Moerland The Killing of Death - Denying the genocide against the Tutsi (Paperback)
Roland Moerland
R2,924 Discovery Miles 29 240 Ships in 12 - 17 working days

This study deals with the phenomenon of genocide denialism, and in particular how it operates in the context of the genocide against the Tutsi. The term genocide denialism denotes that we are not dealing with a single act or type of (genocide) denial but with a more elaborate process of denial that involves a variety of denialist and denial-like acts that are part of the process of genocide. From this study it becomes clear that the process of genocide thrives on a more elaborate denial dynamic than recognized in expert literature until now. This study consists of three parts. The first theoretical part analyses what the elements of denial and genocide entail and how they are (inter)related. The exploration results in a typology of genocide denialism. This model clarifies the different functions denial performs throughout the process of genocide. It furthermore explains how actors engage in denial and on which rhetorical devices speech acts of denial rely. The second part of the study focuses on denial in practice and it analyses how denial operates in the particular case of the genocide against the Tutsi. The analysis reveals a complex denial dynamic: not only those who perpetrated the genocide are involved in its denial, but also certain Western scholars, journalists, lawyers, etc. The latter were originally not involved in the genocide but recycle (elements of) the denial discourse of the perpetrators. The study addresses the implications of such recycling and discusses whether these actors actually have become involved in the genocidal process. This sheds light on the complex relationship between genocide and denial. The insights gained throughout the first two parts of this study have significant implications for many other actors that through their actions engage with the flow of meaning concerning the specific events in Rwanda or genocide in general. The final part of this study critically reflects on the actions of a variety of actors and their significance in terms of genocide denialism. These actors include scholars from various fields, human rights organisations, the ICTR, and the government of Rwanda. On a more fundamental level this study critically highlights how the revisionist scientific climate, in which knowledge and truth claims are constantly questioned, is favourable to genocide denialism and how the post-modern turn in academia has exacerbated this climate. Ultimately, this study reveals that the phenomenon of genocide denial involves more than perpetrators denying their genocidal crimes and the scope of actors and actions relevant in terms of genocide denialism is much broader than generally assumed.

The Law of EU External Relations - Cases, Materials, and Commentary on the EU as an International Legal Actor (Hardcover, 2nd... The Law of EU External Relations - Cases, Materials, and Commentary on the EU as an International Legal Actor (Hardcover, 2nd Revised edition)
Pieter Jan Kuijper, Jan Wouters, Frank Hoffmeister, Geert De Baere, Thomas Ramopoulos
R6,784 Discovery Miles 67 840 Ships in 12 - 17 working days

The two years since publication of the first edition of The Law of EU External Relations: Cases, Materials, and Commentary on the EU as an International Actor have been characterized by the large amount of case law on the new provisions on external relations, which have found their way into the Lisbon Treaty. Moreover, there have been important changes in EU secondary law on external relations as a consequence of these changes to the Lisbon Treaty. In this second edition, new case law and legislative developments are critically discussed and analysed in this comprehensive collection of EU Treaty law. Combining chapters on the general basis of the Union's external action and its relation to international law, with chapters which further explore the law and practice of the EU in the specialized fields of external action, this book presents the law of EU external relations in a concise and accessible manner for students, practitioners, and academics in the field. Topics include the common commercial policy, development cooperation, cooperation with third countries, humanitarian aid, the enlargement and neighbourhood policies, the external environmental policy, and the common foreign and security policy. Carefully selected primary documents are accompanied with analytic commentary on the issues they raise and their significance for the overall structure of EU external relations law. The primary materials selected include many important legal documents that are hard to find elsewhere but give a vital insight into the operation of EU external relations law in practice.

Military Justice - The Rights and Duties of Soldiers and Government (Hardcover): Nigel D. White Military Justice - The Rights and Duties of Soldiers and Government (Hardcover)
Nigel D. White
R3,965 Discovery Miles 39 650 Ships in 12 - 17 working days

While military law is often narrowly understood and studied as the specific and specialist laws, processes and institutions governing service personnel, this accessible book takes a broader approach, examining military justice from a wider consideration of the rights and duties of government and soldiers engaged in military operations. By exploring the relationship between the military and society, Nigel White develops a nuanced rationale for military justice. Making the case for both the continuation of military justice and key reforms, he analyses the military's place in society and recognises the wider influences of justice and law upon it. Throughout the book, military justice is framed broadly to cover all relevant laws including service law, constitutional law, the law of armed conflict, international human rights law and international criminal law. This discussion is supported with analysis of a range of jurisprudence from domestic and international courts. The book considers the legal problems that arise in different military contexts, as well as positioning military justice as a balance between the rights and duties of government and those of soldiers. Tackling an important and timely topic, Military Justice will be key reading for academics, researchers and students within the fields of human rights, public international law, conflict and security law, and especially those with an interest in service law, military history and war studies. It will also be a useful reference point for practitioners working within relevant prosecuting authorities and within law firms offering legal advice to soldiers.

Regulating the Use of Force in International Law - Stability and Change (Paperback): Russell Buchan, Nicholas Tsagourias Regulating the Use of Force in International Law - Stability and Change (Paperback)
Russell Buchan, Nicholas Tsagourias
R1,127 Discovery Miles 11 270 Ships in 12 - 17 working days

This book provides a comprehensive and detailed analysis of the nature, content and scope of the rules regulating the use of force in international law as they are contained in the United Nations Charter, customary international law and international jurisprudence. The book's scope is broad and covers the prohibition on the threat or use of force; the use of force in self-defence; the use of force as part of the United Nations collective security system; the use of force by regional organisations; the use of force in peacekeeping operations; the use of force for humanitarian purposes; the use of force by invitation; armed reprisals; the use of force by and against non-State actors; and the use of force in cyberspace. The book takes an insightful look at the rules regulating the use of force as they are called upon to apply to changing and challenging circumstances such as the emergence of non-State actors, security risks, new technologies and moral considerations. Its arguments balance the interests of stability and change in order to enhance international law's regulatory potential regarding the use of force. This book is an important resource for students and scholars of international law, the use of force and collective security and for practitioners involved in the interpretation and application of these legal frameworks.

Research Handbook on Torture - Legal and Medical Perspectives on Prohibition and Prevention (Hardcover): Malcolm D. Evans, Jens... Research Handbook on Torture - Legal and Medical Perspectives on Prohibition and Prevention (Hardcover)
Malcolm D. Evans, Jens Modvig
R7,993 Discovery Miles 79 930 Ships in 12 - 17 working days

This Research Handbook is of great importance in an era where torture, whilst universally condemned, remains endemic. It explores the nature of the international prohibition of torture and the various means and mechanisms which have been put in place by the international community in an attempt to make that prohibition a reality.   Edited by Chairs of the UN Committee against Torture and of the UN Subcommittee for Prevention of Torture, this Research Handbook considers both the legal and medical dimensions of torture, as well as societal and philosophical perspectives. Contributions from experts with personal experience of working with torture victims and survivors in medical, legal and political settings survey practice within the UN and regional human rights systems, international criminal and domestic legal settings, and in medical and rehabilitative contexts. These expert perspectives combine to offer a unique range of insights into the realities of tackling torture in the contemporary world.   Critical and timely, the Research Handbook on Torture will prove compulsive reading for students and scholars of human rights. Its practical dimension will also engage practitioners in the field, as well as legal and medical professionals working on torture-related issues.

Law-Making and Legitimacy in International Humanitarian Law (Hardcover): Heike Krieger, Jonas Puschmann Law-Making and Legitimacy in International Humanitarian Law (Hardcover)
Heike Krieger, Jonas Puschmann
R4,997 Discovery Miles 49 970 Ships in 12 - 17 working days

International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved. Investigating what law-making processes reveal about the overall state of this legal regime, this thought-provoking book shows that current developments display a far-reaching disagreement about the direction into which IHL should evolve. It explores the most relevant trends in the development of IHL including the absence of formal law-making by states, informal law-making through manual processes and the increasing role of sub and non-state actors. Law-Making and Legitimacy in International Humanitarian Law will be of benefit to scholars and students of international law and relations, as well as practitioners working in the field of IHL, particularly in government ministries, international organizations and NGOs.

The Nature of International Humanitarian Law - A Permissive or Restrictive Regime? (Hardcover): Anne Quintin The Nature of International Humanitarian Law - A Permissive or Restrictive Regime? (Hardcover)
Anne Quintin
R3,965 Discovery Miles 39 650 Ships in 12 - 17 working days

This illuminating book explores the nature of international humanitarian law (IHL), so doing by asking whether it should be seen as a permissive or a restrictive regime. An experienced lawyer in the field, Anne Quintin offers an in-depth expert analysis of this highly debated topic. In the eyes of many, the primary purpose of IHL is to impose restrictions on the actions of parties in armed conflicts, in order to protect victims. But IHL is also increasingly cited as an authority in permitting conduct that would be deemed unlawful in peacetime, for instance some cases of internment or targeting of persons. Considering both international and non-international armed conflicts, Quintin carefully and astutely peels away the layers of this debate, revealing the true nature of IHL and concluding that whilst IHL initially developed as a restrictive regime composed of prohibitions and prescriptions, it nevertheless contains within it rare permissions that allow states to act. Utilising a scientific methodology to offer concrete and realistic outcomes, whilst couching differing interpretations of IHL in wider debates surrounding the nature of international law, this book will be of interest to all academics, practitioners and policy-makers in the field of international humanitarian law. Its analysis of how people are effectively protected during an armed conflict will also be beneficial for the wider humanitarian community.

Autonomous Weapons Systems and the Protection of the Human Person - An International Law Analysis (Hardcover): Diego Mauri Autonomous Weapons Systems and the Protection of the Human Person - An International Law Analysis (Hardcover)
Diego Mauri
R3,498 Discovery Miles 34 980 Ships in 12 - 17 working days

Providing a much-needed study of the weapons paradox in the case of autonomous weapons, this book is a detailed and comprehensive account of the current debate over the use of autonomous weapons - should some form of regulation be applied or a total ban be enforced? How can compliance with existing rules be ensured? Can responsibility be properly allocated? To what extent do concepts such as 'human dignity' and 'humanity' provide legal guidance in coping with technology? This book tackles these momentous challenges and strives to provide sound answers by elaborating on international law and proposing normative solutions for current and future human-machine interactions in this critical field. Diego Mauri expertly explains the complex new technological research involved in autonomous weaponry, with particular focus on technological developments that have elicited intense debates among diplomats, military experts, scientists, philosophers, and international lawyers. Providing innovative and original discussion of the effective protection of the human person in international law, this book will be welcomed by legal scholars, human rights lawyers, and researchers concerned with the relationship between international law and technology.

Research Handbook on Child Soldiers (Paperback): Mark A. Drumbl, Jastine C. Barrett Research Handbook on Child Soldiers (Paperback)
Mark A. Drumbl, Jastine C. Barrett
R1,737 Discovery Miles 17 370 Ships in 12 - 17 working days

Although child soldiers have received considerable media and policy attention, they remain poorly understood and inadequately protected. This Research Handbook addresses this troubling gap by offering a reflective and nuanced review of the complex issue of child soldiering. Containing original contributions from leading experts in many disciplines working across six continents, this comprehensive Handbook showcases diverse experiences and unique perspectives. The Handbook unpacks the life-cycle of youth and militarization: from recruitment, to demobilization, and return to civilian life. Challenging prevailing assumptions and conceptions, this uplifting Handbook focuses on the child soldier's capacity to cope with adversity. In so doing, it emphasizes the resilience, humanity and potential of children affected - rather than 'afflicted' - by armed conflict. The Research Handbook on Child Soldiers will be of interest to academics, practitioners and activists alike, with its extensive incorporation of cutting-edge fieldwork and the voices of the children themselves. Promoting equity between generations, this Handbook will also appeal to individuals from many walks of life who are concerned with the rights of the child in times of conflict, peace, and the in-between.

Mass Graves, Truth and Justice - Interdisciplinary Perspectives on the Investigation of Mass Graves (Hardcover): Ellie Smith,... Mass Graves, Truth and Justice - Interdisciplinary Perspectives on the Investigation of Mass Graves (Hardcover)
Ellie Smith, Melanie Klinkner
R2,800 Discovery Miles 28 000 Ships in 12 - 17 working days

Across the world, mass graves, often containing a multitude of human remains, are sites of human loss, suffering and unimaginable acts of cruelty. While no one mass grave or its investigation is the same, all mass graves contain evidence that is essential to the realisation of justice and accountability goals for victims, affected communities, states in transition and the international community. This book tactfully examines this sensitive topic, demonstrating how mass grave investigations can be highly complex, context-specific, lengthy and expensive processes, requiring significant planning, coordination, expertise and resources. The book analyses the various processes involved in mass grave investigation from a number of disciplinary perspectives and a variety of geographical, cultural and political contexts, including Bosnia, Guatemala, Libya, Nepal and Rwanda. Chapters feature expert contributions from voices in the fields of forensic sciences, advocacy and the judiciary, along with world-leading international legal expertise on mass graves, their protection and investigation. This timely book will be an ideal resource for practitioners and academics in the fields of international criminal law, international human rights law, international humanitarian law and transitional justice. Students interested in forensic archaeology, anthropology, fact-finding and human rights investigations will also find this a stimulating read.

Regulating the Use of Force in International Law - Stability and Change (Hardcover): Russell Buchan, Nicholas Tsagourias Regulating the Use of Force in International Law - Stability and Change (Hardcover)
Russell Buchan, Nicholas Tsagourias
R3,410 Discovery Miles 34 100 Ships in 12 - 17 working days

This book provides a comprehensive and detailed analysis of the nature, content and scope of the rules regulating the use of force in international law as they are contained in the United Nations Charter, customary international law and international jurisprudence. The book's scope is broad and covers the prohibition on the threat or use of force; the use of force in self-defence; the use of force as part of the United Nations collective security system; the use of force by regional organisations; the use of force in peacekeeping operations; the use of force for humanitarian purposes; the use of force by invitation; armed reprisals; the use of force by and against non-State actors; and the use of force in cyberspace. The book takes an insightful look at the rules regulating the use of force as they are called upon to apply to changing and challenging circumstances such as the emergence of non-State actors, security risks, new technologies and moral considerations. Its arguments balance the interests of stability and change in order to enhance international law's regulatory potential regarding the use of force. This book is an important resource for students and scholars of international law, the use of force and collective security and for practitioners involved in the interpretation and application of these legal frameworks.

A Duty to Prevent Genocide - Due Diligence Obligations among the P5 (Hardcover): John Heieck A Duty to Prevent Genocide - Due Diligence Obligations among the P5 (Hardcover)
John Heieck
R3,244 Discovery Miles 32 440 Ships in 12 - 17 working days

The permanent five (P5) members of the United Nations Security Council ? China, France, Russia, the UK, and the USA - have a firm duty to prevent genocide in light of the due diligence standard under conventional, customary, and peremptory international law. This perceptive book explores the positive obligations of these states to act both within and without the Security Council context to prevent or suppress imminent or on-going genocide. John Heieck successfully argues why the duty to prevent genocide is not only a customary, but also an absolute norm of international law, and analyses the scope of the due diligence standard regarding the duty to prevent genocide. In doing so, he considers the ramifications of this on the actions of the P5 members of the Security Council, both within and outside of this eminent body. Significantly, Heieck proposes a legal test for identifying jus cogens norms, and explores the effect of these on the actions and omissions of specifically identified members of the United Nations (UN). Topical and insightful, A Duty to Prevent Genocide will be an important read for both academics and students of international law and politics who wish to further understand the legal nature of the duty of the P5 members to prevent genocide. It will also provide valuable insights for policymakers of the P5 member states.

EU Crisis Management After Lisbon - A New Model to Address Security Challenges in the 21st Century? (Paperback): Nicoletta... EU Crisis Management After Lisbon - A New Model to Address Security Challenges in the 21st Century? (Paperback)
Nicoletta Pirozzi
R1,954 Discovery Miles 19 540 Ships in 12 - 17 working days

This book analyzes the approach of the European Union (EU) to crisis management after the entry into force of the Lisbon Treaty and assesses its suitability for addressing current and future security threats. It primarily provides a framework of analysis with which to interpret current EU crisis management as both a product of the innovations of the Lisbon Treaty and its interaction with the international security environment. It also offers a comprehensive and in-depth examination of the post-Lisbon crisis management system in terms of concepts, structures, process and capabilities. A reality check of this system is conducted by analysing a number of case studies in which the EU recently carried out a crisis management role: the civilian missions EUCAP Sahel Niger, EUCAP Nestor and EUAVSEC South Sudan, and the military operation EUTM Mali. This analysis sheds light on the modalities selected by the EU for intervening in crisis situations, the impact that its interventions have produced and the lessons that the EU has learnt from these experiences.The author points out the structural strengths and weaknesses in the EU's approach to and implementation of crisis management, and shows how they impact on the EU's ability to cope with future crises. This book fills a gap in the existing literature and at the same time provides decision-makers with policy recommendations for improving the EU's performance in this field.

Advanced Introduction to International Humanitarian Law (Paperback): Robert Kolb Advanced Introduction to International Humanitarian Law (Paperback)
Robert Kolb
R822 Discovery Miles 8 220 Ships in 12 - 17 working days

The Advanced Introduction by Robert Kolb to IHL is a concise and brilliantly written journey through the most challenging aspects of the contemporary laws of war: the distinction between international and non-international armed conflicts, between combatants, fighters and civilians in asymmetric warfare and the so-called 'war on terror', the complex relationship between IHL and international human rights law, the geographical scope of the battlefield in times of cyber warfare and targeted killings by armed drones.' - Manfred Nowak, Vienna University, Austria and Former UN Special Rapporteur on Torture'A fascinating and inspiring presentation and discussion of the most crucial and controversial features of international humanitarian law with respect to its application in contemporary armed conflicts' - Professor Fausto Pocar, President, International Institute of Humanitarian Law, Sanremo, Italy and Judge and Former President, ICTY, The Hague, the Netherlands 'Robert Kolb considers that this is not an introduction for the beginner. Indeed, those seeking a descriptive summary of all the rules of humanitarian law should consult another book or the applicable conventions. For all others, however, this also an inductive, refreshing, committed, yet nuanced introduction, focusing in depth on a few, central issues, and written by one who does not only master this branch of international law, but also the relevant legal, political and historical contexts.'- Marco Sassoli, University of Geneva, Switzerland Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This innovative book provides a thought-provoking introduction to international humanitarian law. Robert Kolb explores the field through questions - which are at times challenging and controversial - in order to get to the very essence of the subject and give a fresh perspective. The result is an exposition both of the law as it stands, through its written and unwritten rules, and also of the uncertainties, gaps, controversies and practical problems which have arisen. IHL is revealed as a living tool, an ever-adapting means to an ever-remaining need of protection during times of armed conflict. Key features include: - Focus on key questions, exploring the whole system of law and its practical working - Covers the main principles, sources of law and implementation - Leads the reader to think through the topic - Concise and accessible, whilst taking a rigorous approach. Reflecting on current questions regarding the structure of the law, this concise and readable book offers a thought-provoking view of the system as a whole and its practical working. It covers the main principles, applicability issues and implementation of humanitarian law, as well as shedding light on the challenges ahead. This thoughtful introduction will provide unique insights for academics, advanced students, government officials and practitioners interested in the legal construction of international humanitarian law.

The Humanitarian Civilian - How the Idea of Distinction Circulates Within and Beyond International Humanitarian Law... The Humanitarian Civilian - How the Idea of Distinction Circulates Within and Beyond International Humanitarian Law (Hardcover)
Rebecca Sutton
R3,588 Discovery Miles 35 880 Ships in 12 - 17 working days

In international humanitarian law (IHL), the principle of distinction delineates the difference between the civilian and the combatant, and it safeguards the former from being intentionally targeted in armed conflicts. This monograph explores the way in which the idea of distinction circulates within, and beyond, IHL. Taking a bottom-up approach, the multi-sited study follows distinction across three realms: the kinetic realm, where distinction is in motion in South Sudan; the pedagogical realm, where distinction is taught in civil-military training spaces in Europe; and the intellectual realm, where distinction is formulated and adjudicated in Geneva and the Hague. Directing attention to international humanitarian actors, the book shows that these actors seize upon signifiers of 'civilianness' in everyday practice. To safeguard their civilian status, and to deflect any qualities of 'combatantness' that might affix to them, humanitarian actors strive to distinguish themselves from other international actors in their midst. The latter include peacekeepers working for the UN Mission in South Sudan (UNMISS), and soldiers who deploy with NATO missions. Crucially, some of the distinctions enacted cut along civilian-civilian lines, suggesting that humanitarian actors are longing for something more than civilian status - the 'civilian plus'. This special status presents a paradox: the appeal to the 'civilian plus' undermines general civilian protection, yet as the civilian ideal becomes increasingly beleaguered, a special civilian status appears ever more desirable. However disruptive these practices may be to the principle of distinction in IHL, the monograph emphasizes that even at the most normative level there is no bright line distinction to be found.

Illegally Staying in the EU - An Analysis of Illegality in EU Migration Law (Hardcover): Benedita Menezes Queiroz Illegally Staying in the EU - An Analysis of Illegality in EU Migration Law (Hardcover)
Benedita Menezes Queiroz
R3,270 Discovery Miles 32 700 Ships in 12 - 17 working days

Principally, this book comprises a conceptual analysis of the illegality of a third-country national's stay by examining the boundaries of the overarching concept of illegality at the EU level. Having found that the holistic conceptualisation of illegality, constructed through a combination of sources (both EU and national law) falls short of adequacy, the book moves on to consider situations that fall outside the traditional binary of legal and illegal under EU law. The cases of unlawfully staying EU citizens and of non-removable illegally staying third-country nationals are examples of groups of migrants who are categorised as atypical. By looking at these two examples the book reveals not only the fragmentation of legal statuses in EU migration law but also the more general ill-fitting and unsatisfactory categorisation of migrants. The potential conflation of illegality with criminality as a result of the way EU databases regulate the legal regime of illegality of a migrant's stay is the first trend identified by the book. Subsequently, the book considers the functions of accessing legality (both instrumental and corrective). In doing so it draws out another trend evident in the EU illegality regime: a two-tier regime which discriminates on the basis of wealth and the instrumentalisation of access to legality by Member States for mostly their own purposes. Finally, the book proposes a corrective rationale for the regulation of illegality through access to legality and provides a number of normative suggestions as a way of remedying current deficiencies that arise out of the present supranational framing of illegality.

Rohingya Camp Narratives - Tales From the 'Lesser Roads' Traveled (Hardcover, 1st ed. 2022): Imtiaz A. Hussain Rohingya Camp Narratives - Tales From the 'Lesser Roads' Traveled (Hardcover, 1st ed. 2022)
Imtiaz A. Hussain
R1,875 Discovery Miles 18 750 Ships in 12 - 17 working days

This book presents thirteen chapters which probe the "tales less told" and "pathways less traveled" in refugee camp living. Rohingya camps in Bangladesh since August 2017 supply these "tales" and "pathways". They dwell upon/reflect camp violence, sexual/gender discrimination, intersectionality, justice, the sudden COVID camp entry, human security, children education, innovation, and relocation plans. Built largely upon field trips, these narratives interestingly interweave with both theoretical threads (hypotheses) and tapestries (net-effects), feeding into the security-driven pulls of political realism, or disseminating from humanitarian-driven socioeconomic pushes, but mostly combining them. Post-ethnic cleansing and post-exodus windows open up a murky future for Rohingya and global refugees. We learn of positive offshoots (of camp innovations exposing civil society relevance) and negative (like human and sex trafficking beyond Bangladeshi and Myanmar borders), as of navigating (a) local-global linkages of every dynamic and (b) fast-moving current circumstances against stoic historical leftovers.

Migration in the Mediterranean - Mechanisms of International Cooperation (Hardcover): Francesca Ippolito, Seline Trevisanut Migration in the Mediterranean - Mechanisms of International Cooperation (Hardcover)
Francesca Ippolito, Seline Trevisanut
R3,061 R2,720 Discovery Miles 27 200 Save R341 (11%) Ships in 12 - 17 working days

Mediterranean states have developed various cooperation mechanisms in order to cope with the issues that arise from migration. This book critically analyses how institutional actors act and interact on the international scene in the control and management of migration in the Mediterranean. It highlights how, even though the involvement of 'universal' international organisations guarantees a certain balance in setting the goals of cooperation mechanisms and buttresses a certain coherence of the actions, the protection of migrants' fundamental rights is still an objective as opposed to a reality, and security imperatives and trends still prevail in the aftermath of the 2011 Arab Spring.

The Rights of Unaccompanied Minors - Perspectives and Case Studies on Migrant Children (Hardcover, 1st ed. 2021): Yvonne... The Rights of Unaccompanied Minors - Perspectives and Case Studies on Migrant Children (Hardcover, 1st ed. 2021)
Yvonne Vissing, Sofia Leitao
R3,984 Discovery Miles 39 840 Ships in 12 - 17 working days

This volume explores the various challenges faced by migrant unaccompanied children, using a clinical sociological approach and a global perspective. It applies a human rights and comparative framework to examine the reception of unaccompanied children in European, North American, South American, Asian and African countries. Some of the important issues the volume discusses are: access of displaced unaccompanied children to justice across borders and juridical contexts; voluntary guardianship for unaccompanied children; the diverse but complementary needs of unaccompanied children in care, which if left unaddressed can have serious implications on their social integration in the host societies; and the detention of migrant children as analyzed against the most recent European and international human rights law standards. This is a one-of-a-kind volume bringing together perspectives from child rights policy chairs across the world on a global issue. The contributions reflect the authors' diverse cultural contexts and academic and professional backgrounds, and hence, this volume synthesizes theory with practice through rich firsthand experiences, along with theoretical discussions. It is addressed not only to academics and professionals working on and with migrant children, but also to a wider, discerning public interested in a better understanding of the rights of unaccompanied children.

Armed Conflict and Displacement - The Protection of Refugees and Displaced Persons under International Humanitarian Law... Armed Conflict and Displacement - The Protection of Refugees and Displaced Persons under International Humanitarian Law (Hardcover, New)
Melanie Jacques
R2,995 Discovery Miles 29 950 Ships in 12 - 17 working days

With 'displacement' as the guiding thread, the purpose of this study is twofold. Firstly, it derives from the relevant provisions of international humanitarian law a legal framework for the protection of displaced persons in armed conflict, both from and during displacement. It contains a case study on Israeli settlements in the Occupied Palestinian Territory and the recent Advisory Opinion on the Separation Wall, and addresses such issues as humanitarian assistance for displaced persons, the treatment of refugees in the hands of a party to a conflict and the militarisation of refugee camps. Secondly, it examines the issue of displacement within the broader context of civilian war victims and identifies and addresses the normative gaps of international humanitarian law, including the inadequacy of concepts such as 'protected persons' and the persistence of the dichotomy between international and non-international armed conflicts, which is at odds with the realities of contemporary armed conflicts.

Latin American Experiences with Truth Commission Recommendations: Beyond Words Vol. II - Beyond Words Vol. II (Hardcover): Elin... Latin American Experiences with Truth Commission Recommendations: Beyond Words Vol. II - Beyond Words Vol. II (Hardcover)
Elin Skaar, Eric Wiebelhaus-Brahm, Jemima Garcia-Godos
R3,872 Discovery Miles 38 720 Ships in 12 - 17 working days

Truth commission recommendations are critical to their legacies, yet there is little research examining their fates. Based on fieldwork that is unprecedented in scope, this double-volume project provides the first systematic study of the formulation and implementation of the recommendations of 13 Latin American truth commissions.Beyond Words Vol. I examines the variations in truth commission recommendations across 13 Latin American cases. Insights are provided regarding how the internal dynamics of truth commissions, as well as the political, social and economic context in which they operate, influence how recommendations are formulated. The authors then explore how the nature of these recommendations themselves, along with the aforementioned factors, influence which recommendations are actually implemented. The conclusion considers the findings' relevance for the crafting of future truth commission recommendations and reflects upon how the formulation and implementation of these recommendations shape the impact of truth commissions on societies emerging from periods of violence and repression.Beyond Words Vol. II is a unique collection of 11 Latin American country studies covering all 13 formal truth commissions established in this region that submitted their final reports between 1984 and 2014. Based on qualitative original data and a common analytical framework, the main focus of each of the country chapters is threefold: (1) to provide a brief background to the truth commission(s); (2) to provide a detailed account of the formulation of the truth commission's recommendations; and (3) to analyze the implementation record of the recommendations, taking into account the actors and factors that have aided or obstructed the implementation process.

International Law on the Maintenance of Peace - Jus Contra Bellum (Hardcover): Robert Kolb International Law on the Maintenance of Peace - Jus Contra Bellum (Hardcover)
Robert Kolb
R4,885 Discovery Miles 48 850 Ships in 12 - 17 working days

The law on the use of force in relation to the maintenance of international peace remains one of the most important areas of international law and international relations to date. Rather than simply provide another factual account of the law in this area, this detailed and analytical book seeks to explore its normative aspects. Rooted in public international law, the book provides insight into the historical evolution and sociological environment of this particular branch of law. The competences and practice of the UN and of regional organizations in maintaining peace are examined before the focus is shifted to the inter-State level, the main non-use of force rule and its claimed or recognized exceptions. Robert Kolb analyses each of these rules separately, before concluding with insightful reflections on the current state-of-play and considerations for future developments. Inquiring, yet practical, this book will appeal to students and scholars studying both international law and international relations, particularly with regard to peace and conflict. It will also be of interest to government officials working in the field.

Mischief Reef - China, the Philippines, and a Disputed Atoll in the South China Sea (Hardcover, 1st ed. 2021): Senan Fox Mischief Reef - China, the Philippines, and a Disputed Atoll in the South China Sea (Hardcover, 1st ed. 2021)
Senan Fox
R3,796 Discovery Miles 37 960 Ships in 10 - 15 working days

This seven-chapter book examines the background to and consequences of the disputed occupation of Mischief Reef in the Spratly Islands group of the South China Sea (SCS) by the People's Republic of China (PRC), from the mid-1990s to the present day. Although Mischief Reef has received significant media attention and has been discussed in academic journal articles and policy research reports, no books on the topic have appeared since a 30-page publication in 1996. By covering the topic in historical, domestic political, legal, economic, strategic, and geo-political terms, this book not only fills a gap on a particularly important issue with global consequences, but also acts as a follow-on to a previous Palgrave book by this author on another maritime dispute, Socotra Rock. This book will be of interest to journalists, scholars and legal theorists researching the implications of China's rise for maritime disputes in East Asia.

Yearbook of International Humanitarian Law, Volume 22 (2019) (Hardcover, 1st ed. 2021): Terry D Gill, Robin Geiss, Heike... Yearbook of International Humanitarian Law, Volume 22 (2019) (Hardcover, 1st ed. 2021)
Terry D Gill, Robin Geiss, Heike Krieger, Christophe Paulussen
R3,981 Discovery Miles 39 810 Ships in 12 - 17 working days

The main theme of this volume of the Yearbook of International Humanitarian Law is the 70th anniversary of the Geneva Conventions. The evolution of these crucial treaties and international humanitarian law more generally comes back in six chapters addressing topics such as sieges, compliance, indiscriminate attacks and non-state armed groups. The second part of the book contains a chapter on the acquittal on appeal of Jean-Pierre Bemba Gombo by the International Criminal Court on the basis of command responsibility for war crimes, as well as an extensive Year in Review describing the most important events and legal developments in the area of international humanitarian law that took place in 2019. The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.

Disarming States - The International Movement to Ban Landmines (Hardcover): Kenneth R. Rutherford Disarming States - The International Movement to Ban Landmines (Hardcover)
Kenneth R. Rutherford
R1,945 Discovery Miles 19 450 Ships in 10 - 15 working days

This book provides a detailed history of the global movement to ban anti-personnel landmines (APL), marking the first case of a successful worldwide civil society movement to end the use of an entire category of weapons. In March 1995, Belgium became the first state to pass a domestic anti-personnel landmine ban. In December 1997, 122 states joined Belgium in signing the comprehensive Mine Ban Treaty, also known as the Ottawa Treaty. The movement to ban landmines became a turning point in global politics that continues to influence policy and strategy decisions regarding weapon use today. Disarming States: The International Movement to Ban Landmines describes how non-government organizations (NGOs) brought the landmine issue to international attention by forming the International Campaign to Ban Landmines (ICBL). The author presents new information gleaned from interviews and intensive research conducted around the world. The critical role of mid-size states—such as Austria, Canada, and Switzerland—recruited to back the movement's goals is examined. The book concludes by examining how NGOs affect the international political agenda, especially in seeking legal prohibitions on weapons and changes in states' behaviors.

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