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With a Foreword by Catherine Ashton, High Representative of the
Union for Foreign Affairs and Security Policy/Vice-President of the
European Commission Like conflict prevention and crisis management,
'peacebuilding' forms an integral part of the European Union's
external policy efforts to break the cycle of conflict, insecurity
and poverty. A concept developed in the context of the United
Nations, the EU's Lisbon Treaty mentions 'post-conflict
stabilisation' among the tasks which the EU is set to perform in
the implementation of the Common Security and Defence Policy. The
Union's advance in this field has been universally welcomed by
peacebuilding actors, especially since the EU's ongoing
contributions in financial, technical and logistical terms in
post-conflict areas have been couched in an increasing number of
European Security and Defence Policy missions. The proliferation of
the EU's institutional and operational mechanisms to build peace in
post-conflict environments has led to a whole series of new policy
and legal questions, which are addressed by leading practitioners
and academics in this unique compilation. Specific to this book: *
Contributions take into account the final text of the Lisbon Treaty
and the lessons learned from more than twenty military and civilian
operations * Addresses policy and legal potential and limits, and
outlines the parameters for future decision-making and
capacity-building * Combines thematic contributions with concrete
case studies, and offers insights into how the EU's peacebuilding
tools are implemented in practice
The United Nations and the European Union: An Ever Stronger
Partnership provides a comprehensive overview of EU-UN cooperation,
identifying the role of the various actors involved in the
decision-making process and its influence in areas stretching from
environmental protection to human rights, crisis management, public
health and the protection of refugees. By collecting contributions
by renowned EU and UN experts, diplomats and scholars, the book
will be of interest to a wide range of readers, including
academics, students, policy makers as well as civil society actors.
Specific to this book:* Allows readers to get a better insight into
the way EU coordination is realized in practice in the various
organs and whether this has proven successful* Allows readers to
gain a better understanding of the rapid evolution of EU-UN
cooperation in security matters; illustrates how this newly emerged
partnership has been tested in the field* Illustrates how EU-UN
cooperation has been/will be affected by the processes of EU
enlargement and UN reform; makes up the balance of the present
strengths and weaknesses of the partnership
This textbook offers for the first time a comprehensive analysis of
the classic doctrines and main areas of international law from a
European perspective, meeting the needs of the many European law
schools teaching public international law in English. Special
attention is devoted to the practice of the European Union, the
Council of Europe and European States - both civil law and common
law countries - with regard to international law. In particular the
book analyses the interplay between international law, EU law and
national law in the case law of the Court of Justice of the EU, the
European Court of Human Rights and national jurisdictions in
Europe. It provides the reader with insights into how the
international legal practice of the EU and its Member States
impacts the development of international law, both in terms of
doctrines such as treaty-making and customary law, the exercise of
(extraterritorial) jurisdiction, state responsibility and the
settlement of disputes, as well as particular sub-fields of
international law, such as human rights law and international
economic law. In addition the book covers other important areas
such as the use of force and collective security, the law of armed
conflict, and global and regional international organisations. It
provides European perspectives on all these issues and will be of
great value to students, scholars and practitioners.
Few topics of international law speak to the imagination as much as
international immunities. Questions pertaining to immunity from
jurisdiction or execution under international law surface on a
frequent basis before national courts, including at the highest
levels of the judicial branch and before international courts or
tribunals. Nevertheless, international immunity law is and remains
a challenging field for practitioners and scholars alike.
Challenges stem in part from the uncertainty pertaining to the
customary content of some immunity regimes said to be in a 'state
of flux', the divergent - and at times directly conflicting -
approaches to immunity in different national and international
jurisdictions, or the increasing intolerance towards impunity that
has accompanied the advance of international criminal law and human
rights law. Composed of thirty-four expertly written contributions,
the present volume uniquely provides a comprehensive tour d'horizon
of international immunity law, traversing a wealth of national and
international practice.
The international law on the use of force is one of the oldest
branches of international law. It is an area twinned with the
emergence of international law as a concept in itself, and which
sees law and politics collide. The number of armed conflicts is
equal only to the number of methodological approaches used to
describe them. Many violent encounters are well known. The Kosovo
Crisis in 1999 and the US-led invasion of Iraq in 2003 spring
easily to the minds of most scholars and academics, and gain
extensive coverage in this text. Other conflicts, including the
Belgian operation in Stanleyville, and the Ethiopian Intervention
in Somalia, are often overlooked to our peril. Ruys and Corten's
expert-written text compares over sixty different instances of the
use of cross border force since the adoption of the UN Charter in
1945, from all out warfare to hostile encounters between individual
units, targeted killings, and hostage rescue operations, to ask a
complex question. How much authority does the power of precedent
really have in the law of the use of force?
This book examines to what extent the right of self-defence, as
laid down in Article 51 of the Charter of the United Nations,
permits States to launch military operations against other States.
In particular, it focuses on the occurrence of an 'armed attack' -
the crucial trigger for the activation of this right. In light of
the developments since 9/11, the author analyses relevant physical
and verbal customary practice, ranging from the 1974 Definition of
Aggression to recent incidents such as the 2001 US intervention in
Afghanistan and the 2006 Israeli intervention in Lebanon. The
notion of 'armed attack' is examined from a threefold perspective.
What acts can be regarded as an 'armed attack'? When can an 'armed
attack' be considered to take place? And from whom must an 'armed
attack' emanate? By way of conclusion, the different findings are
brought together in a draft 'Definition of Armed Attack'.
This book examines to what extent the right of self-defence, as
laid down in Article 51 of the Charter of the United Nations,
permits States to launch military operations against other States.
In particular, it focuses on the occurrence of an 'armed attack' -
the crucial trigger for the activation of this right. In light of
the developments since 9/11, the author analyses relevant physical
and verbal customary practice, ranging from the 1974 Definition of
Aggression to recent incidents such as the 2001 US intervention in
Afghanistan and the 2006 Israeli intervention in Lebanon. The
notion of 'armed attack' is examined from a threefold perspective.
What acts can be regarded as an 'armed attack'? When can an 'armed
attack' be considered to take place? And from whom must an 'armed
attack' emanate? By way of conclusion, the different findings are
brought together in a draft 'Definition of Armed Attack'.
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