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Which law applies to armed conflict? This book investigates the
applicability of international humanitarian law and international
human rights law to armed conflict situations. The issue is
examined by three scholars whose professional, theoretical, and
methodological backgrounds and outlooks differ greatly. These
multiple perspectives expose the political factors and intellectual
styles that influence scholarly approaches and legal answers, and
the unique trialogical format encourages its participants to
decenter their perspectives. By focussing on the authors'
divergence and disagreement, a richer understanding of the law
applicable to armed conflict is achieved. The book, firstly,
provides a detailed study of the law applicable to armed conflict
situations. Secondly, it explores the regimes' interrelation and
the legal techniques for their coordination and prevention of
potential norm conflicts. Thirdly, the book moves beyond the
positive analysis of the law and probes the normative principles
that guide the interpretation, application and development of law.
Strategic human rights litigation (SHRL) is a growing area of
international practice yet one that remains relatively
under-explored. Around the globe, advocates increasingly resort to
national, regional and international courts and bodies
'strategically' to protect and advance human rights. This book
provides a framework for understanding SHRL and its contribution to
various forms of personal, legal, social, political and cultural
change, as well as the many tensions and challenges it gives rise
to. It suggests a reframing of how we view the impact of SHRL in
its multiple dimensions, both positive and negative. Five detailed
case studies, drawn predominantly from the author's own experience,
explore litigation in a broad range of contexts (genocide in
Guatemala; slavery in Niger; forced disappearance in Argentina;
torture and detention in the 'war on terror'; and Palestinian land
rights) to reveal the complexity of the role of SHRL in the real
world. Ultimately, this book considers how impact analysis might
influence the development of more effective litigation strategies
in the future.
Helen Duffy's analysis of international law and practice in
relation to terrorism and counter-terrorism provides a framework
for analysing the lawfulness of the many legislative, policy and
judicial developments which have proliferated since 9/11. Among the
many specific issues she addresses are targeted killings and the
death of Osama bin Laden, detentions (including Guantanamo Bay),
sanctions regimes, surveillance, extraordinary renditions, the
prohibition on 'association' or 'support' for terrorism and the
evolving preventive role of criminal law. She also considers the
unfolding responses to political and judicial wrongs committed in
the war on terror, such as the impact of the courts on human rights
protection. While exploring areas of controversy, uncertainty and
flux, she questions post-9/11 allegations of gaping holes,
inadequacies or transformation in the international legal order and
concludes by highlighting characteristics of the 'war on terror'
and questioning its longer term implications.
Helen Duffy's analysis of international law and practice in
relation to terrorism and counter-terrorism provides a framework
for analysing the lawfulness of the many legislative, policy and
judicial developments which have proliferated since 9/11. Among the
many specific issues she addresses are targeted killings and the
death of Osama bin Laden, detentions (including Guantanamo Bay),
sanctions regimes, surveillance, extraordinary renditions, the
prohibition on 'association' or 'support' for terrorism and the
evolving preventive role of criminal law. She also considers the
unfolding responses to political and judicial wrongs committed in
the war on terror, such as the impact of the courts on human rights
protection. While exploring areas of controversy, uncertainty and
flux, she questions post-9/11 allegations of gaping holes,
inadequacies or transformation in the international legal order and
concludes by highlighting characteristics of the 'war on terror'
and questioning its longer term implications.
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R398
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