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This innovative Research Handbook brings together leading
international law scholars from around the world to discuss and
highlight the contemporary debate regarding issues of conflict
prevention and the legality of resorting to the use of armed force
through to those arising during an armed conflict and in the phase
between conflict and peace. The Handbook covers key conceptual
topics drawn from across the three areas of jus ad bellum, jus in
bello and jus post bellum. The subject matter of the included
chapters range from conflict prevention through to reparation and
compensation, via coverage of issues such as disarmament, the role
of the Security Council, self-defense, humanitarian intervention
and the responsibility to protect, targets, war crimes, private
military contractors, peacekeeping, and the protection of human
rights. Being the first to examine topics under these areas in one
volume, the book will be of interest to scholars, academics,
postgraduate and research students as well as government lawyers
from various disciplinary backgrounds looking for a contemporary
grounding in issues under the broad theme of international conflict
and security law. Contributors: C. Bell, R. Cryer, C. De Cock, C.
Gray, V. Hadzi-Vidanovic, M. Happold, C. Henderson, K. Hulme, D.
Kritsiotis, C. Lehnardt, K. Manusama, M. Milanovic, M.E. O'Connell,
A. Orakhelashvili, N. Ronzitti, T. Ruys, M. Sossai, N. Tsagourias,
D. Turns, N.D. White, R. Wilde
This timely and pertinent collection looks at the variety of
questions involved in the operation of Commissions of Inquiry
(CoIs). Traditionally existing as pure fact-finding bodies, in
recent times the function of CoIs has arguably shifted and
broadened so as to provide a form of legal adjudication. This shift
in their application merits scrutiny and this edited collection of
essays addresses institutional and procedural aspects of CoIs, as
well as issues in regards to the application and interpretation of
the substantative law applied to them. Essay topics include the
relationship of CoIs with, and impact upon, traditional forms of
adjudication, the influences of international law upon the work of
CoIs, through to issues of procedural fairness. Drawing upon the
expertise of scholars working within in the field, it offers an
insightful and critical analysis of CoIs.
This book provides a comprehensive, dispassionate empirical
analysis and assessment of the discernible impact that the US has
had upon the jus ad bellum in the post-Cold War era. The work
focuses on the substantive areas of the jus ad bellum with which
the US has most often and significantly engaged with through either
its actions, justifications for actions, or adopted policies. In
doing so, it draws upon the theory of interpretive communities as
its framework of analysis in order to gauge any impact upon this
fundamental area of international law. The Persistent Advocate and
the Use of Force provides a much needed examination of one of the
most controversial issues of international law in recent times
whilst, on a more general level, offering a timely defence of the
robustness of the jus ad bellum to the practice of powerful states.
This book provides a comprehensive, dispassionate empirical
analysis and assessment of the discernible impact that the US has
had upon the jus ad bellum in the post-Cold War era. The work
focuses on the substantive areas of the jus ad bellum with which
the US has most often and significantly engaged with through either
its actions, justifications for actions, or adopted policies. In
doing so, it draws upon the theory of interpretive communities as
its framework of analysis in order to gauge any impact upon this
fundamental area of international law. The Persistent Advocate and
the Use of Force provides a much needed examination of one of the
most controversial issues of international law in recent times
whilst, on a more general level, offering a timely defence of the
robustness of the jus ad bellum to the practice of powerful states.
Newly revised, this textbook provides an authoritative conceptual
and practical overview of international law governing the resort to
force. Following an introductory chapter, with a section on the key
issues in identifying the law and actual and potential changes to
it, the book addresses the breadth and scope of the prohibition of
the threat or use of force and the meaning of 'force' as the focus
of this. The book proceeds to address the use of force through the
United Nations and regional organisations, the use of force in
peacekeeping operations, the right of self-defence and the
customary limitations upon this right, the controversial right of
humanitarian intervention, and forcible interventions in civil
conflicts. Updated to include greater focus on aspects such as
cyber operations, the threat of force, and the 'human element' to
the use force, as well as the inclusion of recent developments such
as the 2022 Russian invasion of Ukraine, it seeks to address the
contemporary legal framework through the prism of contemporary
challenges that it currently faces.
This innovative Research Handbook brings together leading
international law scholars from around the world to discuss and
highlight the contemporary debate regarding issues of conflict
prevention and the legality of resorting to the use of armed force
through to those arising during an armed conflict and in the phase
between conflict and peace. The Handbook covers key conceptual
topics drawn from across the three areas of jus ad bellum, jus in
bello and jus post bellum. The subject matter of the included
chapters range from conflict prevention through to reparation and
compensation, via coverage of issues such as disarmament, the role
of the Security Council, self-defense, humanitarian intervention
and the responsibility to protect, targets, war crimes, private
military contractors, peacekeeping, and the protection of human
rights. Being the first to examine topics under these areas in one
volume, the book will be of interest to scholars, academics,
postgraduate and research students as well as government lawyers
from various disciplinary backgrounds looking for a contemporary
grounding in issues under the broad theme of international conflict
and security law. Contributors: C. Bell, R. Cryer, C. De Cock, C.
Gray, V. Hadzi-Vidanovic, M. Happold, C. Henderson, K. Hulme, D.
Kritsiotis, C. Lehnardt, K. Manusama, M. Milanovic, M.E. O'Connell,
A. Orakhelashvili, N. Ronzitti, T. Ruys, M. Sossai, N. Tsagourias,
D. Turns, N.D. White, R. Wilde
Newly revised, this textbook provides an authoritative conceptual
and practical overview of international law governing the resort to
force. Following an introductory chapter, with a section on the key
issues in identifying the law and actual and potential changes to
it, the book addresses the breadth and scope of the prohibition of
the threat or use of force and the meaning of 'force' as the focus
of this. The book proceeds to address the use of force through the
United Nations and regional organisations, the use of force in
peacekeeping operations, the right of self-defence and the
customary limitations upon this right, the controversial right of
humanitarian intervention, and forcible interventions in civil
conflicts. Updated to include greater focus on aspects such as
cyber operations, the threat of force, and the 'human element' to
the use force, as well as the inclusion of recent developments such
as the 2022 Russian invasion of Ukraine, it seeks to address the
contemporary legal framework through the prism of contemporary
challenges that it currently faces.
This comprehensive four-volume compilation presents seminal works
from leading authors on the use of force and armed conflict,
beginning with detailed analysis of the prohibition of forcible
intervention, including interpretation of the rule and notable
exceptions to it. In addition, the collection offers a wealth of
important material on the law of armed conflict in connection with
its foundations, applicability, sources, substance, practical
application, and implementation. Together with an original
introduction by the editors, the collection provides a thorough
grounding in the law relating to the initial use of force and
subsequent armed conflict, and is an essential source of reference
for practitioners, academics and students alike.
This timely and pertinent collection looks at the variety of
questions involved in the operation of Commissions of Inquiry
(CoIs). Traditionally existing as pure fact-finding bodies, in
recent times the function of CoIs has arguably shifted and
broadened so as to provide a form of legal adjudication. This shift
in their application merits scrutiny and this edited collection of
essays addresses institutional and procedural aspects of CoIs, as
well as issues in regards to the application and interpretation of
the substantative law applied to them. Essay topics include the
relationship of CoIs with, and impact upon, traditional forms of
adjudication, the influences of international law upon the work of
CoIs, through to issues of procedural fairness. Drawing upon the
expertise of scholars working within in the field, it offers an
insightful and critical analysis of CoIs.
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