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This book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another - the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter exception is of increasing importance, the numerous questions it raises have received scant attention in the current body of literature. This volume fills this gap by analyzing the consent-exception in a wide context, and attempting to delineate its limits, including cases in which government consent power is not only negated, but might be transferred to opposition groups. The book also discusses the concept of consensual intervention in contemporary international law, in juxtaposition to traditional legal doctrines. It traces the development of law in this context by drawing from historical examples such as the Spanish Civil War, as well as recent cases such those of the Democratic Republic of the Congo, Somalia, Libya, and Syria. This book will be of much interest to students of international law, civil wars, the Responsibility to Protect, war and conflict studies, and IR in general.
Exploring the history and theories of political thought of international relations in the seventeenth century, this volume addresses one of the great paradoxes of post-medieval Europe: why instead of bringing peace to a disorganised and violent world, modernity instead produced a seemingly endless string of conflicts and social upheavals?Bringing together political scientists, philosophers, historians of political thought, jurists and scholars of international relations, the collection offers a sophisticated and fresh account of the interactions of law, conflict and the nation state in an early-modern European context
Hilaire McCoubrey wrote extensively in the area of armed conflict law, and on the issues of collective security law and the law relating to arms control. Although he died at the early age of 46 in 2000 he had contributed significantly to the separate study of these areas, but also to the idea of studying the issues as a whole subject. The collection covers difficult and controversial issues in the area of conflict and security law. The contributors, drawn both from academe and practice, provide expert analysis of many aspects of the law governing armed conflict and collective security. As well as providing a fitting tribute to the main aspects of Hilaire's contribution to knowledge, the volume provides a coherent reconsideration and development of key aspects of conflict and security law at a time when that law is being applied, breached, debated or reformed on almost a daily basis.
The Emergence of a Holistic Approach in International Affairs.
Author: Walter Kälin
Experience and research have long shown an intrinsic link between human rights, conflict and development. This interdependence between different areas, doctrines, and disciplines calls for a genuinely coherent, holistic approach in International Affairs. With the challenges the work for the protection and respect of humanity encounters, this book intends to bring together articles and ideas that indicate the complexity of such an endeavor. The chapters, written by academics and practitioners encompass snapshots of crucial development lines as well as conceptual ideas and frameworks. In doing so the book provides insight to the principal understanding that peace efforts, encapsulating human rights, conflict management and development, can only be sustained and flourish as long as conflicting parties have at least a minimal consensus and will to settle their differences peacefully. As a Liber Amicorum for Joseph Voyame the book honors the determination for humanity and respect for human dignity and peaceful mitigation of conflict which marked his life and work.
This volume presents the research analysis of a range of scholars and experts on post conflict peacebuilding and international law from a variety of perspectives and missions. The selected essays show that peacebuilding, like the concept of peacekeeping, is not specifically provided for in the UN Charter. They also demonstrate that the record of peacebuilding, like that of peacekeeping, is varied and while both concepts are intrinsically linked, neither lends itself to precise definition. The essays consider the historical approaches to peacebuilding such as the role played by the UN in the Congo in the early 1960s and the work of the United States and its allies in rebuilding Germany and Japan in the aftermath of World War II. Finally, essays consider the major challenge for contemporary peacebuilding operations to make international administrations accountable and to ensure the involvement of the international community in helping rebuild communities and prevent the resurgence of violence.
Are civil conflicts and coups d'etat matters of international concern, or questions of national interest only? How can the increasingly common practice of condemnation and intervention by the United Nations and individual States into situations of extreme political violence be understood? Will civil conflict one day be considered illegal under international law, in the same way as international war? Offering a penetrating analysis that unpacks the relationships between political violence, international policy and international law, and explores international practice in more than 30 civil conflicts, this book challenges many assumptions we hold about the dividingline between domestic and international affairs, whether democracy is an international norm, and how long the international community is prepared to sit on the sidelines and allow ruthless political violence to determine political leadership in nations. This book fills an important void andcaptures the complexities and tensions inherent in an area where practice has moved faster than theory, and pragmatism clashes with idealism.
This fully revised and updated second edition of International Law and the Use of Force explores the whole of the large and controversial subject of the use of force in international law- not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the growing importance of regional organizations in the maintenance of international peace and security.
This unique volume examines the opportunities for, and initiates work in, interdisciplinary research between the fields of international law and international relations;disciplines that have engaged little with one another since the Second World War.Written by leading experts in the fields of international law and international relations, it argues that such interdisciplinary research is central to the creation of a knowledge base among IR scholars and lawyers for the effective analysis and governance of macro and micro phenomena.International law is at the heart of international relations, but due to challenges of codification and enforceability, its apparent impact has been predominantly limited to commercial and civil arrangements. International lawyers have been saying for years that 'law matters' in international affairs and now current events are proving them right.International Law and International Relations makes a powerful contribution to the theory and practice of global security by initiating a research agenda, building an empirical base and offering a multidisciplinary approach that provides concrete answers to real-world problems of governance.This book will be of great interest to all students of international law, international relations and governance.