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This timely Handbook contains a wide-ranging overview of the
diverse research methods used within international law. Providing
an insightful examination of how international legal knowledge is
analysed and adopted, this Handbook offers the reader a deeper
understanding on the role and place of research methods in
international legal theory, reasoning and practice. Split into five
parts, the chapters cover key topics across doctrinal, empirical,
socio-legal, interdisciplinary research methods and methodology.
The contributors also apply their knowledge and insight to explore
the relationship between different research methods and their role
in international legal theory, reasoning and practice. Covering a
range of diverse subjects yet written in a methodical style, the
contributors furthermore engage with rethinking international law
methods. This comprehensive Handbook will be invaluable for
researchers in international law, as well as being an excellent
resource for graduate and doctoral students.
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.
This revised and expanded edition of the Research Handbook on
International Law and Cyberspace brings together leading scholars
and practitioners to examine how international legal rules,
concepts and principles apply to cyberspace and the activities
occurring within it. In doing so, contributors highlight the
difficulties in applying international law to cyberspace, assess
the regulatory efficacy of these rules and, where necessary,
suggest adjustments and revisions. More specifically, contributors
explore the application of general concepts and principles to
cyberspace such as those of sovereignty, power, norms,
non-intervention, jurisdiction, State responsibility, human rights,
individual criminal responsibility and international investment law
and arbitration. Contributors also examine how international law
applies to cyber terrorism, cyber espionage, cyber crime, cyber
attacks and cyber war as well as the meaning of cyber operations,
cyber deterrence and the ethics of cyber operations. In addition,
contributors consider how international and regional institutions
such as the United Nations, the European Union, NATO and
Asia-Pacific institutions and States such as China and Russia
approach cyber security and regulation. This Research Handbook is
an essential resource for scholars of international law,
international relations and public and private law as well as for
legal practitioners and policymakers.
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.
This timely Research Handbook contains an analysis by leading
scholars and practitioners of various legal questions concerning
cyberspace and cyber activities. Comprehensive and thorough, it
succeeds in mapping out the range of international rules that apply
to cyberspace and to specific cyber activities, assesses their
regulatory efficacy and offers insightful suggestions, where
necessary, for revised standards. Contributors examine the
application of fundamental international law principles to
cyberspace such as the principle of sovereignty, jurisdiction,
state responsibility, individual criminal responsibility, human
rights and intellectual property rights. They explore the
application of international rules to cyber terrorism, cyber
espionage, cyber crime, cyber attacks and to cyber war. They deal
with the meaning of cyber operations, the ethics of cyber
operations as well as with cyber deterrence. Finally, they comment
on the cyber security policies of international and regional
institutions such as those of the United Nations, the European
Union, NATO and of Asian-Pacific institutions. This Research
Handbook will benefit scholars in the fields of international law,
international relations, public and private law. Researchers will
find the suggested future research avenues in this field invaluable
whilst policy-makers and practitioners will gain fresh insights
into topical issues concerning the regulation of cyberspace and of
cyber activities. Contributors: K. Ambos, C. Antonopoulos, L.
Arimatsu, K. Bannelier-Christakis, R. Buchan, P. Ducheine, D.P.
Fidler, C. Focarelli, T.D. Gill, K. Heath, C. Henderson, P.
Kastner, U. Kohl, F. Megret, E. Myjer, H. Nasu, A. Rahmatian, M.
Roscini, N.C. Rowe, B. Saul, M. Schmitt, H. Trezise, N. Tsagourias,
D. Turns, R.A. Wessel, K. Ziolkowski
Drawing together key documents, case law, reports and other
essential materials, International Humanitarian Law offers
students, lecturers and practitioners an accessible and critically
informed account of the theory, law and practice of international
humanitarian law. Providing comprehensive, thematic and targeted
coverage of national and international cases and materials, this
book successfully balances doctrine with practical application to
help readers understand how the theories are applied in practice
and navigate through jurisprudence with ease. Employing a critical
and targeted commentary throughout, this book also helps readers to
better understand the implications of the law and the challenges
facing international humanitarian law today including: cyber war,
detention, direct participation in hostilities, human rights in
armed conflict and terrorism. Suitable for advanced undergraduate
and postgraduate students and practitioners, International
Humanitarian Law offers a thematic and comprehensive treatment of
the subject.
An interdisciplinary perspective is adopted to examine
international and European models of constitutionalism. In
particular the book reflects critically on a number of
constitutional themes, such as the nature of European and
international constitutional models and their underlying
principles; the telos behind international and European
constitutionalism; the role of the state and of central courts; and
the relationships between composite orders. Transnational
Constitutionalism brings together a group of European and
international law scholars, whose thought-provoking contributions
provide the necessary intellectual insight that will assist the
reader in understanding the political and legal phenomena that take
place beyond the state. This edited collection represents an
original and pioneering contribution to the international and
European constitutional discourse.
By drawing together key documents, case law, reports and other
materials on international humanitarian law from diverse sources,
the book presents in a systematic and analytically coherent manner
this body of law and to offer students, teachers and practitioners
an easily accessible, targeted but also critically informed account
of the relevant rules and of how they apply in practice. It covers
all areas of international humanitarian law and specifically
addresses issues of contemporary interest such as cyber warfare,
targeting, occupation, detention, human rights in armed conflict,
peacekeeping, neutrality, responsibility and accountability,
enforcement, reparations. The book is ideal for instruction,
research, reference and application purposes either as a standalone
resource or as accompaniment to textbooks and more specialist
references.
By drawing together key documents, case law, reports and other
materials on international humanitarian law from diverse sources,
the book presents in a systematic and analytically coherent manner
this body of law and to offer students, teachers and practitioners
an easily accessible, targeted but also critically informed account
of the relevant rules and of how they apply in practice. It covers
all areas of international humanitarian law and specifically
addresses issues of contemporary interest such as cyber warfare,
targeting, occupation, detention, human rights in armed conflict,
peacekeeping, neutrality, responsibility and accountability,
enforcement, reparations. The book is ideal for instruction,
research, reference and application purposes either as a standalone
resource or as accompaniment to textbooks and more specialist
references.
This analysis of collective security covers its institutional,
operational and legal parameters along with the United Nations
system, presenting it as a global public order institution for
maintaining peace. The authors study its constitutional premises as
they are shaped by the forces of law and politics. After an
historical account of initiatives and projects for global peace,
the authors explain the morphology of collective security as a
global public order institution and outline its triggers,
institutions, actors, components and tools. They go on to analyse
its legal properties and the processes of political, legal and
criminal accountability. The analysis and assessment are informed
throughout by practice drawn from examples including Korea, Iraq
and Libya, and by a wealth of cases from national and international
jurisdictions.
This analysis of collective security covers its institutional,
operational and legal parameters along with the United Nations
system, presenting it as a global public order institution for
maintaining peace. The authors study its constitutional premises as
they are shaped by the forces of law and politics. After an
historical account of initiatives and projects for global peace,
the authors explain the morphology of collective security as a
global public order institution and outline its triggers,
institutions, actors, components and tools. They go on to analyse
its legal properties and the processes of political, legal and
criminal accountability. The analysis and assessment are informed
throughout by practice drawn from examples including Korea, Iraq
and Libya, and by a wealth of cases from national and international
jurisdictions.
An interdisciplinary perspective is adopted to examine
international and European models of constitutionalism. In
particular the book reflects critically on a number of
constitutional themes, such as the nature of European and
international constitutional models and their underlying
principles; the telos behind international and European
constitutionalism; the role of the state and of central courts; and
the relationships between composite orders. Transnational
Constitutionalism brings together a group of European and
international law scholars, whose thought-provoking contributions
provide the necessary intellectual insight that will assist the
reader in understanding the political and legal phenomena that take
place beyond the state. This edited collection represents an
original and pioneering contribution to the international and
European constitutional discourse.
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