|
Showing 1 - 17 of
17 matches in All Departments
This newly revised and updated second edition of the Research
Handbook on International Law and Terrorism provides a
comprehensive overview of international counter-terrorism law and
practice from the perspectives of human rights, the law of armed
conflict, the law on use of force, and international criminal law.
Brand new and revised chapters provide critical commentary on the
law from leading scholars and practitioners in the field. Major
controversies in the global legal response to terrorism are
examined, including up-to-date analyses of the war on terror, drone
strikes and targeted killings, torture and rendition, indefinite
detention, military trials, and UN Security Council measures and
sanctions. New topics for this edition are assessed, focusing on
foreign terrorist fighters, the nexus between organized crime and
terrorism, and the prevention of violent extremism. Exploring
developments from before and after the terrorist attacks of 9/11,
the Research Handbook also includes new analysis of contemporary
threats such as Islamic State, and discusses the law of regional
organizations and selected national practice. International law
scholars and practitioners, as well as government and United
Nations legal advisers, will find this an invaluable reference on a
complex area of legal inquiry. It will also prove a critical read
for academics and students in international relations, terrorism
studies, security studies, war studies, and human rights.
This newly revised and updated second edition of the Research
Handbook on International Law and Terrorism provides a
comprehensive overview of international counter-terrorism law and
practice from the perspectives of human rights, the law of armed
conflict, the law on use of force, and international criminal law.
Brand new and revised chapters provide critical commentary on the
law from leading scholars and practitioners in the field. Major
controversies in the global legal response to terrorism are
examined, including up-to-date analyses of the war on terror, drone
strikes and targeted killings, torture and rendition, indefinite
detention, military trials, and UN Security Council measures and
sanctions. New topics for this edition are assessed, focusing on
foreign terrorist fighters, the nexus between organized crime and
terrorism, and the prevention of violent extremism. Exploring
developments from before and after the terrorist attacks of 9/11,
the Research Handbook also includes new analysis of contemporary
threats such as Islamic State, and discusses the law of regional
organizations and selected national practice. International law
scholars and practitioners, as well as government and United
Nations legal advisers, will find this an invaluable reference on a
complex area of legal inquiry. It will also prove a critical read
for academics and students in international relations, terrorism
studies, security studies, war studies, and human rights.
An international river basin is an ecological system, an economic
thoroughfare, a geographical area, a font of life and livelihoods,
a geopolitical network and, often, a cultural icon. It is also a
socio-legal phenomenon. This book is the first detailed study of an
international river basin from a socio-legal perspective. The
Mekong River Basin, which sustains approximately 70 million people
across Cambodia, China, Laos, Myanmar, Thailand and Vietnam,
provides a prime example of the socio-legal complexities of
governing a transboundary river and its tributaries. The book
applies its socio-legal analysis to bring a fresh approach to
understanding conflicts surrounding water governance in the Mekong
River Basin. The authors describe the wide range of uses being made
of legal doctrine and legal argument in ongoing disputes
surrounding hydropower development in the Basin, putting to rest
lingering caricatures of a single, 'ASEAN' way of navigating
conflict. They call into question some of the common assumptions
concerning the relationship between law and development. The book
also sheds light on important questions concerning the global
hybridization or crossover of public and private power and its
ramifications for water governance. With current debates and
looming conflicts over water governance globally, and over shared
rivers in particular, these issues could not be more pressing.
The 40 experts assembled by Ben Saul who are addressing the
many-faceted legal issues connected to the ever-expanding meaning
of 'terrorism' are remarkable. Even after 50 years of scholarship
on the subject, a book like this one is both relevant and useful.'
- Cherif Bassiouni, DePaul University College of Law, USForeword by
Georges Abi-Saab This landmark Handbook provides a comprehensive
overview of all major areas of international counter-terrorism law
and practice, both before and after the terrorist attacks of
September 11, 2001. The specially commissioned, original chapters
assess how international law addresses terrorism from the
perspectives of human rights, the law of armed conflict, the law on
use of force, and international criminal law. With contributions
from leading scholars and practitioners in the field, the book
addresses the major controversies in the global legal response to
terrorism, including the war on terror, drone strikes and targeted
killings, torture and renditions, indefinite detention, military
trials, UN Security Council measures and sanctions, judicial
supervision, the issue of gender, and the role of Islam. Each
chapter provides a succinct overview and critical commentary of the
law. The law of regional organizations and selected national
practice are also examined. International law scholars and
practitioners, as well as government and United Nations legal
advisers, will find this an invaluable reference on a complex area
of legal inquiry. Contributors: K. Ambos, R. Arnold, J. Atwell, I.
Bantekas, S. Borelli, I. Bottigliero, J. Boulden, E. Chadwick, S.
Chesterman, G. Cheung, J. Cockayne, E. Crawford, F. de Londras, M.
Di Filippo, A. du Plessis, H. Duffy, M. Ewi, D. Fidler, M.
Flanagan, C. Forcese, G. Gilbert, L. Ginsborg, E. Guild, R.
Gunaratna, L.M. Hinojosa-Martinez, J. Huckerby, D. Kretzmer, A.
Lynch, G. Mettraux, C. Murphy, E. Papastavridis, A.R. Perera, M.
Porret, J. Rehman, M. Requena, Y. Ronen, K. Samuel, B. Saul, M.
Sossai, L.S. Sunga, A. Timmermann, K. Trapp, D. Vagts, C. Walker,
S. Witten, M. Wood, A. Zwitter
Refugees living with disabilities are often forgotten or invisible
during acute crises of human displacement. This groundbreaking work
examines the experiences of persons with disabilities who have
crossed borders in search of protection from disasters or conflict,
and analyses the existing legal frameworks for their protection.
The authors deftly explore the intersection between one of the
oldest international human rights treaties, the 1951 Refugee
Convention, with one of the newest, the Convention on the Rights of
Persons with Disabilities (CRPD). Drawing on pioneering fieldwork
in six countries - Malaysia, Indonesia, Pakistan, Uganda, Jordan
and Turkey - this book examines how the CRPD is, or should be,
changing the way that governments and aid agencies engage with and
accommodate refugees with disabilities. Its timeliness is
underscored by the adoption in 2016 of the UN Charter on Inclusion
of Persons with Disabilities in Humanitarian Action at the World
Humanitarian Summit. Engaging and thought-provoking, this book will
captivate any scholar studying international law, development,
disability rights and refugee and forced migration studies. It is
also an imperative resource for practitioners and policymakers in
the humanitarian and development sector, as well as international
human rights organisations.
The Asia-Pacific is known for having the least developed regional
mechanisms for protecting human rights. This edited collection
makes a timely and distinctive contribution to contemporary debates
about building institutions for human rights protection in the
Asia-Pacific region, in the wake of ASEAN's establishment in 2009
of a sub-regional human rights commission. Drawing together leading
scholarly voices, the book focuses on the systemic issue of
institutionalising human rights protection in the Asia-Pacific. It
critically examines the prospects for deepening and widening human
rights institutions in the region, challenging the orthodox
scepticism about whether the Asia-Pacific is "ready" for stronger
human rights institutions and exploring the variety of possible
forms that regional and sub-regional institutions might take. The
volume also analyses the impediments to new institutions, whilst
questioning the justifications for them. The collection provides a
range of perspectives on the issues and many of the chapters bring
interdisciplinary insights to bear. As such, the collection will be
of interest to scholarly, practitioner, and student audiences in
law, as well as to readers in international relations, political
science, Asian studies, and human rights.
The Asia-Pacific is known for having the least developed regional
mechanisms for protecting human rights. This edited collection
makes a timely and distinctive contribution to contemporary debates
about building institutions for human rights protection in the
Asia-Pacific region, in the wake of ASEAN's establishment in 2009
of a sub-regional human rights commission. Drawing together leading
scholarly voices, the book focuses on the systemic issue of
institutionalising human rights protection in the Asia-Pacific. It
critically examines the prospects for deepening and widening human
rights institutions in the region, challenging the orthodox
scepticism about whether the Asia-Pacific is "ready" for stronger
human rights institutions and exploring the variety of possible
forms that regional and sub-regional institutions might take. The
volume also analyses the impediments to new institutions, whilst
questioning the justifications for them. The collection provides a
range of perspectives on the issues and many of the chapters bring
interdisciplinary insights to bear. As such, the collection will be
of interest to scholarly, practitioner, and student audiences in
law, as well as to readers in international relations, political
science, Asian studies, and human rights.
The 40 experts assembled by Ben Saul who are addressing the
many-faceted legal issues connected to the ever-expanding meaning
of 'terrorism' are remarkable. Even after 50 years of scholarship
on the subject, a book like this one is both relevant and useful.'
- Cherif Bassiouni, DePaul University College of Law, USForeword by
Georges Abi-Saab This landmark Handbook provides a comprehensive
overview of all major areas of international counter-terrorism law
and practice, both before and after the terrorist attacks of
September 11, 2001. The specially commissioned, original chapters
assess how international law addresses terrorism from the
perspectives of human rights, the law of armed conflict, the law on
use of force, and international criminal law. With contributions
from leading scholars and practitioners in the field, the book
addresses the major controversies in the global legal response to
terrorism, including the war on terror, drone strikes and targeted
killings, torture and renditions, indefinite detention, military
trials, UN Security Council measures and sanctions, judicial
supervision, the issue of gender, and the role of Islam. Each
chapter provides a succinct overview and critical commentary of the
law. The law of regional organizations and selected national
practice are also examined. International law scholars and
practitioners, as well as government and United Nations legal
advisers, will find this an invaluable reference on a complex area
of legal inquiry. Contributors: K. Ambos, R. Arnold, J. Atwell, I.
Bantekas, S. Borelli, I. Bottigliero, J. Boulden, E. Chadwick, S.
Chesterman, G. Cheung, J. Cockayne, E. Crawford, F. de Londras, M.
Di Filippo, A. du Plessis, H. Duffy, M. Ewi, D. Fidler, M.
Flanagan, C. Forcese, G. Gilbert, L. Ginsborg, E. Guild, R.
Gunaratna, L.M. Hinojosa-Martinez, J. Huckerby, D. Kretzmer, A.
Lynch, G. Mettraux, C. Murphy, E. Papastavridis, A.R. Perera, M.
Porret, J. Rehman, M. Requena, Y. Ronen, K. Samuel, B. Saul, M.
Sossai, L.S. Sunga, A. Timmermann, K. Trapp, D. Vagts, C. Walker,
S. Witten, M. Wood, A. Zwitter
An international river basin is an ecological system, an economic
thoroughfare, a geographical area, a font of life and livelihoods,
a geopolitical network and, often, a cultural icon. It is also a
socio-legal phenomenon. This book is the first detailed study of an
international river basin from a socio-legal perspective. The
Mekong River Basin, which sustains approximately 70 million people
across Cambodia, China, Laos, Myanmar, Thailand and Vietnam,
provides a prime example of the socio-legal complexities of
governing a transboundary river and its tributaries. The book
applies its socio-legal analysis to bring a fresh approach to
understanding conflicts surrounding water governance in the Mekong
River Basin. The authors describe the wide range of uses being made
of legal doctrine and legal argument in ongoing disputes
surrounding hydropower development in the Basin, putting to rest
lingering caricatures of a single, 'ASEAN' way of navigating
conflict. They call into question some of the common assumptions
concerning the relationship between law and development. The book
also sheds light on important questions concerning the global
hybridization or crossover of public and private power and its
ramifications for water governance. With current debates and
looming conflicts over water governance globally, and over shared
rivers in particular, these issues could not be more pressing.
Indigenous Peoples and Human Rights explores how general human
rights standards have enabled, empowered and constrained indigenous
peoples in claiming and defending their essential economic, social,
cultural, civil and political interests. The book examines the
jurisprudence of United Nations treaty committees and regional
human rights bodies (in Africa, the Americas and Europe) that have
interpreted and applied human rights standards to the special
circumstances and experiences of indigenous peoples. It focuses
particularly on how human rights laws since the 1960s have been
drawn upon by indigenous activists and victims to protect their
interests in ancestral lands, natural resources, culture and
language. It further explores the right to indigenous
self-determination; civil and political rights; economic, social
and cultural rights (including labour rights); family and
children's rights; violence and discrimination against indigenous
peoples; and access to justice and remedies for violations. The
book also discusses international and regional efforts to define
who is 'indigenous' and who is a 'minority', and the legal
relationship between indigenous individuals and their communities.
The jurisprudence considered in this book significantly shaped the
UN Declaration on the Rights of Indigenous Peoples 2007, which
particularises and adapts general human rights standards for
indigenous peoples. The book concludes by exploring future
normative and implementation challenges in the light of the
standard setting and consolidation, and political momentum,
surrounding the UN Declaration and associated UN human rights
mechanisms.
International humanitarian law is the law that governs the conduct
of participants during armed conflict. This branch of law aims to
regulate the means and methods of warfare as well as to provide
protections to those who do not, or who no longer, take part in the
hostilities. It is one of the oldest branches of international law
and one of enduring relevance today. The Oxford Guide to
International Humanitarian Law provides a practical yet
sophisticated overview of this important area of law. Written by a
stellar line up of contributors, drawn from those who not only have
extensive practical experience but who are also regarded as leading
scholars of the subject, the text offers a comprehensive and
authoritative exposition of the field. The Guide provides
professionals and advanced students with information and analysis
of sufficient depth to enable them to perform their tasks with
understanding and confidence. Each chapter illuminates how the law
applies in practice, but does not shy away from the important
conceptual issues that underpin how the law has developed. It will
serve as a first port of call and a regular reference work for
those interested in international humanitarian law.
Antarctica, one of the world's last great wildernesses, presents
special challenges for international law. Fears that Antarctica
would become a front in the Cold War catalysed agreement on the
1959 Antarctic Treaty which neither legitimised nor challenged the
existing sovereign claims to the continent. The unique Antarctic
Treaty System has provided the foundation for peaceful, harmonious
and effective governance. There are, however, new anxieties about
the frozen continent and the Southern Ocean. Antarctica already
feels the effects of climate change and ocean acidification.
Claimant states assert rights to the Antarctic continental shelf
and interest in Antarctic resources grows. Tourism brings new
environmental and safety risks. China and other powers are
increasing their activities, with some questioning the consensus of
the 'Antarctic club'. Security concerns are increasingly discussed,
despite Antarctica's dedication to peaceful purposes. This book
brings together the main primary international materials concerning
the regulation and governance of Antarctica, including multilateral
and bilateral treaties, United Nations materials, 'soft laws' and
judicial decisions. It covers the spectrum of Antarctic issues from
environmental protection to scientific cooperation to tourism. As
it shows, Antarctic law has constantly adapted to meet new
challenges and is a sophisticated, inclusive, dynamic and
responsive regime.
The growing economic and political significance of Asia has exposed
a tension in the modern international order. Despite expanding
power and influence, Asian states have played a minimal role in
creating the norms and institutions of international law; today
they are the least likely to be parties to international agreements
or to be represented in international organizations. That is
changing. There is widespread scholarly and practitioner interest
in international law at present in the Asia-Pacific region, as well
as developments in the practice of states. The change has been
driven by threats as well as opportunities. Transnational issues
such as climate change and occasional flashpoints like the
territorial disputes of the South China and the East China Seas
pose challenges while economic integration and the proliferation of
specialized branches of law and dispute settlement mechanisms have
also encouraged greater domestic implementation of international
norms across Asia. These evolutions join the long-standing interest
in parts of Asia (notably South Asia) in post-colonial theory and
the history of international law. The Oxford Handbook of
International Law in Asia and the Pacific brings together
pre-eminent and emerging specialists to analyse the approach to and
influence of key states of the region, as well as whether truly
'Asian' trends can be identified and what this might mean for
international order.
While the Asia Pacific region is one of the world's largest by
population size, it has long been known for having the least
developed regional and national institutional mechanisms for
protecting human rights, particularly compared to the
well-developed systems in Europe, the Americas, and increasingly in
Africa. Asia has the least uptake of human rights treaties of any
region in the world, and serious human rights violations are
documented as occurring in numerous countries in the region. Asia
has also presented conceptual challenges to the universality of
international human rights, for instance through arguments about
'Asian values' (the collective over the individual, the economic
over the political, compromise over adjudication) being
inconsistent with western notions of rights. At the same time,
innovative human rights practices and protections have been
developed in some jurisdictions, and increasingly at the
transnational level. There is increasing scholarly and practitioner
interest in human rights in the Asia and Pacific regions, driven in
part by recent efforts by the Association of South East Asian
Nations (ASEAN) and the Pacific Islands Forum (PIF) to enhance
human rights protections in those sub-regions. This edited
collection makes a timely and distinctive contribution to the
literature by bringing together the leading scholars in the field
who have written across the gamut of thematic human rights issues
in Asia and the Pacific. A particular strength of the collection is
its inclusion of significant Asian and Pacific authors, who are
sometimes under-represented in the mainstream legal debates. The
work will be of interest to a scholarly and student audience in law
(international, comparative Asian, public, constitutional, and
human rights), as well as to readers in international relations,
political science, Asian studies, and human rights.
Despite numerous efforts since the 1920s, the international
community has failed to define or criminalize 'terrorism' in
international law. This book first explores the policy reasons for
defining and criminalizing terrorism, before proposing the basic
elements of an international definition. Terrorism should be
defined and criminalized because it seriously undermines
fundamental human rights, jeopardizes the State and peaceful
politics, and may threaten international peace and security.
Definition would also help to distinguish political from private
violence, eliminating the overreach of the many 'sectoral'
anti-terrorism treaties. A definition may also help to confine the
scope of UN Security Council resolutions since 11 September 2001,
which have encouraged States to pursue unilateral and excessive
counter-terrorism measures.
Defining terrorism as a discrete international crime normatively
recognizes and protects vital international community values and
interests, symbolically expresses community condemnation, and
stigmatizes offenders. Any definition of terrorism must also
accommodate reasonable claims to political violence, particularly
against repressive governments, and this book examines the range of
exceptions, justifications, excuses, defenses and amnesties
potentially available to terrorists, as well as purported
exceptions such as self-determination struggles, 'State terrorism'
and armed conflicts.
While this book seeks to minimize recourse to violence, it
recognizes that international law should not become complicit in
oppression by criminalizing legitimate forms of political
resistance. In the absence of an international definition, the
remainder of the bookexplores how the international community has
responded to terrorism in international and 'regional' treaties,
the United Nations system, and in customary law. The final part of
the book explores the distinctive prohibitions and crime of
'terrorism' in armed conflict under international humanitarian law.
Despite numerous efforts since the 1920s, the international
community has failed to define or criminalize 'terrorism' in
international law. This book first explores the policy reasons for
defining and criminalizing terrorism, before proposing the basic
elements of an international definition. Terrorism should be
defined and criminalized because it seriously undermines
fundamental human rights, jeopardizes the State and peaceful
politics, and may threaten international peace and security.
Definition would also help to distinguish political from private
violence, eliminating the overreach of the many 'sectoral'
anti-terrorism treaties. A definition may also help to confine the
scope of UN Security Council resolutions since 11 September 2001,
which have encouraged States to pursue unilateral and excessive
counter-terrorism measures. Defining terrorism as a discrete
international crime normatively recognizes and protects vital
international community values and interests, symbolically
expresses community condemnation, and stigmatizes offenders. Any
definition of terrorism must also accommodate reasonable claims to
political violence, particularly against repressive governments,
and this book examines the range of exceptions, justifications,
excuses, defences and amnesties potentially available to
terrorists, as well as purported exceptions such as
self-determination struggles, 'State terrorism' and armed
conflicts. While this book seeks to minimize recourse to violence,
it recognises that international law should not become complicit in
oppression by criminalizing legitimate forms of political
resistance. In the absence of an international definition, the
remainder of the book explores how the international community has
responded to terrorism in international and 'regional' treaties,
the United Nations system, and in customary law. The final part of
the book explores the distinctive prohibitions and crime of
'terrorism' in armed conflict under international humanitarian law.
This book explores Australia's ambivalent legal and political
response to irregular migration, including the unplanned arrival of
people variously known as asylum seekers, boat people, illegals,
queue jumpera and economic migrants. Part 1 outlines how many
people arrive, who they are, where they come from, and why they
come. It also compares Australia's experience of irregular
migration to that of other countries, in light of the vast global
movements of people and increasingly exploitative practices such as
people smuggling and people trafficking. The core of the book
addresses the complex system of refugee law and policy in
Australia. It explains the legal definition of who is a refugee and
the administrative and judicial procedures for applying this
definition to determine refugee status. It traces the changes to
law and policy since 2001 following the infamous Tampa affair, the
introduction of the Pacific Strategy, and the extension to West
Papuans in 2006 of the policy of interdicting, deflecting, and
processing asylum seekers offshore on Nauru and Christmas Island.
The final part of this book examines equally controversial laws and
policies requiring the mandatory detention of unlawful
non-citizens, including the key High Court decisions which
confirmed the parliament's power to detain a person indefinitely
and in breach of international human rights law. The living
conditions in the detention centres and how Australia's laws
compare with other countries are also discussed. Future Seekers II
builds on a shorter book by two of the authors in 2002. This book
responds to the many changes to refugee and migration law between
2002 and 2006 and its deeper coverage of the issues reflects the
growing sophistication of public understanding of and concern about
refugee issues in Australia.
|
|