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Books > Law > International law > Public international law > International humanitarian law
The book examines current debates about the emergence of an international legal norm of democratic governance and also considers some of the wider theoretical issues to which those debates give rise. It asks should international law seek to promote democratic political arrangements? If so, on what basis, and using which of the many competing conceptions of democracy?
This authoritative text on international humanitarian law, covering such key issues as the conduct of war, the protection of victims of war, and the punishment of war crimes, has been completely revised and expanded with thirteen new documents. Each of the documents is preceded by a concise explanatory note, and each treaty is followed by details of all states signing or adhering, The Introduction sets the law in its historical context, explains its application to states and individuals, and discusses its relevance in contemporary conflicts.
This book offers a collection of original essays by a leading group of contributors which examine the role played by international human rights instruments and agendas in shaping domestic provisions for the promotion and protection of human rights and fundamental freedoms.
International Law and Infectious Diseases is the first comprehensive analysis of the intersection between international law and infectious diseases. Infectious diseases pose a global threat, and international law plays an important but under-explored role in infectious disease control. The book analyses the globalization of public health; and it examines the history of international law in this area, the International Health Regulations, and international law on trade, human rights, armed conflict and arms control, and the environment. Fidler develops the concepts of microbialpolitik and global health jurisprudence to provide a political perspective and a framework for future legal action. The aim of this series of monographs is to publish important and original pieces of research on all aspects of public international law. Topics that are given particular prominence are those, which, while of interest to the academic lawyer, also have important bearing on issues which, touch the actual conduct of international relations. None the less the series is wide in scope and includes monographs on the history and philosophical foundations of international law.
War is a major theme in Shakespeare's plays. Aside from its
dramatic appeal, it provided him with a context in which his
characters, steeped in the ideals of chivalry, could discuss such
concepts as honor, courage, patriotism, and justice. Well aware of
the decline of chivalry in his own era, Shakespeare gave his
characters lines calling for civilized behavior, mercy,
humanitarian principles, and moral responsibility. In this
remarkable new book, eminent legal scholar Theodor Meron looks at
contemporary international humanitarian law and rules for the
conduct of war through the lens of Shakespeare's plays and discerns
chivalry's influence there.
In an increasingly complex and interdependent world, states resort to a bewildering array of regulatory agreements to deal with problems as disparate as climate change, nuclear proliferation, international trade, satellite communications, species destruction, and intellectual property. In such a system, there must be some means of ensuring reasonably reliable performance of treaty obligations. The standard approach to this problem, by academics and politicians alike, is a search for treaties with "teeth"--military or economic sanctions to deter and punish violation. The New Sovereignty argues that this approach is misconceived. Cases of coercive enforcement are rare, and sanctions are too costly and difficult to mobilize to be a reliable enforcement tool. As an alternative to this "enforcement" model, the authors propose a "managerial" model of treaty compliance. It relies on the elaboration and application of treaty norms in a continuing dialogue between the parties--international officials and nongovernmental organizations--that generates pressure to resolve problems of noncompliance. In the process, the norms and practices of the regime themselves evolve and develop. The authors take a broad look at treaties in many different areas: arms control, human rights, labor, the environment, monetary policy, and trade. The extraordinary wealth of examples includes the Iran airbus shootdown, Libya's suit against Great Britain and the United States in the Lockerbie case, the war in Bosnia, and Iraq after the Gulf War. The authors conclude that sovereignty--the status of a recognized actor in the international system--requires membership in good standing in the organizations and regimes through which the world manages its common affairs. This requirement turns out to be the major pressure for compliance with treaty obligations. This book will be an invaluable resource and casebook for scholars, policymakers, international public servants, lawyers, and corporate executives.
Preventing Torture comprises a documentary and empirical study - of a kind rare in the field of international human rights law - of the European Convention for the Prevention of Torture and the work of the Committee (the CPT) established under it. The authors chart the international human rights background to the Convention (including the historical and contemporary use of torture), describe the travaux préparatoires, analyse the composition and modus operandi of the Committee and set the standards formulated and applied by the CPT against those developed by other human rights bodies. They also assess, on the basis of visits throughout Europe, the reactions to the Committee's work in member states and consider the implications of an enlarged Council of Europe for the CPT in the future.
The notion that a state that emerges victorious in war is entitled
to claim sovereignty over conquered territory in virtue of military
victory or conquest was a recognized principle of international law
until the early years of last century. This study is an inquiry
into the place of the right of conquest in international relations
since the early sixteenth century, and the causes and consequences
of its demise in the twentieth century.
As dictatorships topple around the world and transitional regimes
emerge from the political rubble, the new governments inherit a
legacy of widespread repression against the civilian population.
This repression ranges from torture, forced disappearances, and
imprisonment to the killings of both real and perceived political
opponents. Nonetheless, the official status of the perpetrators
shields them from sanction, creating a culture of impunity in which
the most inhumane acts can be carried out without fear of
repercussions. The new governments wrestle with whether or not to
investigate prior wrongdoings by state officials. They must
determine who, if any, of those responsible for the worst crimes
should be brought to justice, even if this means annulling a
previous amnesty law or risking a violent backlash by military or
security forces. Finally, they have to decide how to compensate the
victims of this repression, if at all.
This book deals with a central issue of international law: the relationship between two of its sources, treaty and custom. In particular, it examines one aspect of this relationship that has not been satisfactorily covered in the literature, whether new customary law may abrogate or modify prior incompatible treaties. State practice in the Law of Sea and other areas of international law contains a number of examples of treaties that have been terminated or revised on account of new conflicting custom. The author draws on these examples as well as on decisions of international tribunals to argue that although new customary law does not automatically affect prior incompatible treaties, it gives a State, under certain conditions, the unilateral right to call for their termination or revision. This is an original position on a controversial subject that was considered too complex to be included in the Vienna codification of the Law of Treaties. This issue may arise in all areas of international law and is of practical importance to all those involved in the field.
Shakespeare's "Henry V" has traditionally been acclaimed for its depiction of the psychological and political impact of warfare, and it remains one of the most widely-discussed plays in the cannon. In this study, Professor Meron uses rare medieval ordinances, and other medieval and Renaissance historical and legal sources to provide new contexts for Shakespeare's famous play. The result is an account of how Shakespeare's "Henry V" and other "histories" dramatically articulated complex medieval and Renaissance attitudes to warfare and the conduct of nations and individuals in time of war. The author uses the play and the campaign itself as a frame for the examination of the medieval laws of war, and examines stability and change in attitudes toward aspects of the law of war. This study should be of interest not only to scholars of war, history of law and literature, but also to anyone interested in this important period in the development of international humanitarian laws. Theodore Meron is the author of "Human Rights in International Law", "Human Rights Law-Making in the UN" and "Human Rights and Humanitarian Norms in International Law".
This collection of papers provides a commentary on and critique of Grotius' "De Jure Pacs ac Belli". It is the product of a joint research project on Grotius' book, carried out by the Research Group on the Fundamental Theory of International Law, headed by the editor. An awareness among a group of young international law scholars in Japan of the need to reconsider the methodology and fundamental problems of international law led to the formation of the group in 1976. Its purpose is to carry out basic research on the theory of international law, including its validity as law, the normativity and rationalizing function of international law, and the relations between international law and, in particular, international politics, justice, war, structural violence and colonialism. Through these researches, the group seeks to clarify its own views, to understand current problems of international law within their philosophical, political, historical and multi-cultural context, and ultimately to develop an approach which can overcome the defects of the so-called "positivistic" approach without reducing the science of international law to an ideology whose actual role is to justify the value
These essays come from a conference organized to draw attention to legal problems arising from the Israeli occupation of the West Bank. Contributors include internationally-renowned experts on international and human rights law as well as a number of Palestinian lawyers actively engaged in promoting the interests of indigenous Palestinians. This book makes an important contribution to the legal literature on the situation in the Occupied Territories, covering such issues as the administration of occupied territory in international law, the right to form trade unions under military rule, taxation and financial administration, land and water resources, and defense and enforcement of human rights in occupied territories.
The Status of Refugees in Asia surveys some of the key issues of law and policy affecting refugees in the Asian region. The movement and presence of refugees in different parts of the region is surveyed, and the general legal position - ranging from multilateral treaties to regional and national initiatives - evaluated. A selection of country profiles to illustrate the implementation of law and policy at the national level is provided, and the performance of three Asian countries which have acceded to the 1951 United Nations Refugee Convention and its 1967 Protocol is assessed: namely, China, Japan, and the Philippines. Attention is given to the five other countries which have not acceded to these instruments - Brunei, Indonesia, Malaysia, Singapore, and Thailand - and current critical refugee problem areas such as Afghanistan and Sri Lanka examined. The book concludes by examining current difficulties with state practice in the region and presents possible solutions and new directions for the future.
Treaties and Indigenous Peoples is an edited version of Professor Ian Brownlie's 1990 Robb Lectures, delivered at the University of Auckland in the sesquicentennial year of the establishment of New Zealand as a British colony. Whereas most sesquicentennial writing necessarily deals with Treaty and related problems in the immediate context of New Zealand law and politics, Professor Brownlie, bringing the external perspective and the expertise of an eminent academic and practising international lawyer, deals with those problems in the international context of the rights of indigenous peoples. The New Zealand constitutional background to the work is provided by Professor Brookfield's annotations.
Winner of the 1988 Paul Reuter Prize awarded by the International Committee of the Red Cross, this book examines two branches of the international law of armed conflict as they apply to national liberation movements. First, it explores the idea that national liberation movements may legitimately resort to the use of force to secure the right of their peoples to self-determination. Second, it examines the application of the humanitarian law of armed conflict in wars of national liberation. After a brief explanation of the traditional law, the book explores the development of the idea that there is a right of peoples to self-determination in international law. The book then expands upon two corollaries which derive from this idea. The first is that in situations of national liberation struggles the use of force should be regarded as legitimate. The second corollary is that, since peoples have status in international law separate and distinct from that of the states governing them, wars of national liberation are international wars by definition, and the international rules governing the conduct of hostilities should apply.
The most authoritative work in the field, this classic study is once again available. Professor Brownlie has confined himself to the pursuit, on historic lines, of an estimation of the extent of legal prohibition of the use of force by states. He includes the deliberations and findings of political organs of the League of Nations and the United Nations, as well as a study of the quality of prohibition of force, making some indication of relevant corollaries.
Although the relationship between international human rights law and the law of armed conflict has been the subject of significant recent academic discussion, there remains a lack of comprehensive guidance in identifying the law applicable to specific situations faced by military forces. Providing guidance for armed forces and practitioners on the detailed application of international human rights law during armed conflict, this book fills that gap. Part 1 of the volume details foundational information relating to international human rights law and human rights institutions, the types of operations that States' armed forces engage in, and how the law of armed conflict and international human rights law apply to regulate different situations. Part 2 provides practical guidance as to the legal regulation of specific situations, including discussion of the conduct of hostilities, detention operations, humanitarian assistance, cyber operations, and investigations. This book is the result of an in-depth process involving both academic and practitioner experts in the law of armed conflict and international human rights law who were convened in meetings at Chatham House chaired by Elizabeth Wilmshurst, Distinguished Fellow at Chatham House. The group included Professor Francoise Hampson, Essex University; Professor Dapo Akande, Oxford University; Charles Garraway, Fellow at Essex University; Professor Noam Lubell, Essex University; Michael Meyer, British Red Cross; and Daragh Murray, Lecturer at Essex University.
Can we achieve justice during war? Should law substitute for realpolitik? Can an international court act against the global community that created it? Justice in a Time of War is a translation from the French of the first complete, behind-the-scenes story of the International Criminal Tribunal for the Former Yugoslavia, from its proposal by Balkan journalist Mirko Klarin through recent developments in the trial of Slobodan Milosevic. It is also a meditation on the conflicting intersection of law and politics in achieving justice and peace. Le Monde's review (November 3, 2000) of the original edition recommended Hazan's book as a nuanced account of the Tribunal that should be a must-read for the new leaders of Yugoslavia. "" The story Pierre Hazan tells is that of an institution which, over the course of the years, has managed to escape in large measure from the initial hidden motives and manipulations of those who created it (and not only the Americans)."" With insider interviews filling out every scene, Hazan tells a chaotic story of war that raged while the Western powers cobbled together a tribunal in order to avoid actual intervention. The international lawyers and judges for this rump world court started with nothing - but they ultimately established the tribunal as an unavoidable actor in the Balkans. The West had created the Tribunal in 1993, hoping to threaten international criminals with indictment and thereby force an untenable peace. In 1999, the Tribunal suddenly became useful to NATO countries as a means by which to criminalize Milosevic's regime and to justify military intervention in Kosovo and in Serbia. Ultimately, this hastened the end of Milosevic's rule and led the way to history's first war crimes trial of a former president by an international tribunal. Hazan's account of the Tribunal's formation and evolution questions the contradictory policies of the Western powers and illuminates a cautionary tale for the reader: realizing ideals in a world enamored of realpolitik is a difficult and often haphazard activity.
An internationally-renowned scholar in the fields of international and transitional justice, Diane Orentlicher provides an unparalleled account of an international tribunals impact in societies that have the greatest stake in its work. In Some Kind of Justice: The ICTYs Impact in Bosnia and Serbia, Orentlicher explores the evolving domestic impact of the International Criminal Tribunal for the former Yugoslavia (ICTY), which operated longer than any other international war crimes court. Drawing on hundreds of research interviews and a rich body of inter-disciplinary scholarship, Orentlicher provides a path-breaking account of how the Tribunal influenced domestic political developments, victims experience of justice, acknowledgement of wartime atrocities, and domestic war crimes prosecutions, as well as the dynamic factors behind its evolving influence in each of these spheres. Highlighting the perspectives of Bosnians and Serbians, Some Kind of Justice offers important and practical lessons about how international criminal courts can improve the delivery of justice.
The interplay between peace and justice plays an important role in any contemporary conflict. Peace can be described in a variety ways, as being 'negative' or 'positive', 'liberal' or 'democratic'. But what is it that makes a peace just? This book draws together leading scholars to study this concept of a 'just peace', analysing different elements of the transition from conflict to peace. The volume covers six core themes: conceptual approaches towards just peace, macro-principles, the nexus to security and stability, protection of persons and public goods, rule of law, and economic reform and accountability. Contributions engage with understudied issues, such as the pros and cons of robust UN mandates, the link between environmental protection and indigenous peoples, the treatment of illegal settlements, the feasibility of vetting practices, and the protection of labour rights in post-conflict economies. Overall, the book puts forward a case that just peace requires not only negotiation, agreement, and compromise, but contextual understandings of law, multiple dimensions of justice, and strategies of prevention. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.
This volume presents a compilation of cross-disciplinary essays
written by representatives of non-governmental and
inter-governmental organisations, practising lawyers, academics,
researchers and a psychiatrist, which reflect the heightened
concern among European refugee and human rights organisations about
the increasing practice of detaining asylum seekers.
Linda Briskman is the Dr Haruhisa Handa Chair in Human Rights Education at Curtin University of Technology. Her research interests include Indigenous policy and refugee and asylum seeker rights. Her most recent book is Social Work with Indigenous Communities (The Federation Press, 2007). Alperhan Babacan is a lecturer in law at the School of Accounting and Law, RMIT University. Alperhan holds degrees in law and political science and a PhD from RMIT University. He has previously worked in the public and private sectors as researcher or solicitor and has written widely in areas of human rights law, comparative asylum and refugee policy, international law, counter-terrorism, citizenship and human security. |
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