Search Results: international-law-and-civil-wars

International Law and Civil Wars

Intervention and Consent

Author: Eliav Lieblich

Publisher: Routledge

ISBN: 0415507901

Category: History

Page: 286

View: 2305

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.

International Law

Author: Malcolm N. Shaw

Publisher: Cambridge University Press

ISBN: 1316061272

Category: Law

Page: N.A

View: 9859

This new edition of International Law confirms the text's status as the definitive book on the subject. Combining both his expertise as academic and practitioner, Malcolm Shaw's survey of the subject motivates and challenges both student and professional. By offering an unbeatable combination of clarity of expression and academic rigour, he ensures both understanding and critical analysis in an engaging and authoritative style. The text has been updated throughout to reflect recent case law and treaty developments. It retains the detailed references which encourage and assist further reading and study.

International Law and Diplomacy in the Libyan Civil War

Author: Stefan Talmon

Publisher: Oxford University Press, USA

ISBN: 9780198702368

Category: Law

Page: 300

View: 3876

The Libyan civil war presented questions for international law and diplomacy never encountered before in a non-international armed conflict. Alongside problems common to civil wars in general, such as recognition of the contesting parties, access to state property abroad, and non-intervention, the Libyan conflict contained several unique aspects: the elaborate UN, US, and EU sanctions regime and its effect on Libya's sovereign wealth fund (the Libyan Investment Authority), the referral of the situation in Libya to the International Criminal Court, and the open calls for regime change. These elements raised complex and unique political and international law issues. Adopting a similar approach to Norman J. Padelford's seminal 1939 book, International Law and Diplomacy in the Spanish Civil Strife, this book presents thirty case studies, providing a detailed legal assessment of each of the key issues of international law and diplomacy raised by the conflict. It focuses on the practical legal problems with which government legal advisers and diplomats were concerned during the civil war, many of which have received little public attention. The book also includes an overview of the Libyan civil conflict as a whole, and a public international law obituary of Muammar Qadhafi, which examines his most prominent actions and their impact on international law. The book also investigates how the Libyan civil war was utilized as a laboratory for the testing of the new 'responsibility to protect' doctrine, raised in deliberations among the United Nations Security Council members. For the first time, the Security Council authorized states to get involved in a civil war and to use 'all necessary measures' to enforce a no-fly zone and to protect civilians and civilian populated areas under threat of attack. This book is important reading for scholars, students, and practitioners concerned with the interaction between law and diplomacy in times of armed conflict

The International Law of Civil War

Author: Quincy Wright,Richard A. Falk

Publisher: Lawbook Exchange Limited

ISBN: 9781584777212

Category: Law

Page: 452

View: 3965

Originally published: Baltimore: Johns Hopkins Press, [1971]

The Human Dimension of International Law

Selected Papers of Antonio Cassese

Author: Antonio Cassese

Publisher: Oxford University Press

ISBN: 0199232911

Category: Law

Page: 539

View: 717

This volume collects the most important papers of Antonio Cassese, one of the pre-eminent figures in international criminal justice. The papers offer the definitive statement of Cassese's thought, and a unique insight into some of the key developments in modern international law.

Elements of International Law and Laws of War

Author: Henry Wager Halleck

Publisher: N.A

ISBN: N.A

Category: International law

Page: 364

View: 355

International Law and New Wars

Author: Christine Chinkin,Mary Kaldor

Publisher: Cambridge University Press

ISBN: 1316764532

Category: Law

Page: N.A

View: 5488

International Law and New Wars examines how international law fails to address the contemporary experience of what are known as 'new wars' - instances of armed conflict and violence in places such as Syria, Ukraine, Libya, Mali, the Democratic Republic of Congo and South Sudan. International law, largely constructed in the nineteenth and twentieth centuries, rests to a great extent on the outmoded concept of war drawn from European experience - inter-state clashes involving battles between regular and identifiable armed forces. The book shows how different approaches are associated with different interpretations of international law, and, in some cases, this has dangerously weakened the legal restraints on war established after 1945. It puts forward a practical case for what it defines as second generation human security and the implications this carries for international law.

The Thin Justice of International Law

A Moral Reckoning of the Law of Nations

Author: Steven R. Ratner

Publisher: OUP Oxford

ISBN: 0191009113

Category: Law

Page: 500

View: 3513

In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.

The Contemporary Law of Armed Conflict

Author: Leslie C. Green

Publisher: Manchester University Press

ISBN: 9780719035401

Category: Law

Page: 374

View: 8711

Violence and Restraint in Civil War

Civilian Targeting in the Shadow of International Law

Author: Jessica A. Stanton

Publisher: Cambridge University Press

ISBN: 1316720594

Category: Political Science

Page: N.A

View: 4061

Media coverage of civil wars often focuses on the most gruesome atrocities and the most extreme conflicts, which might lead one to think that all civil wars involve massive violence against civilians. In truth, many governments and rebel groups exercise restraint in their fighting, largely avoiding violence against civilians in compliance with international law. Governments and rebel groups make strategic calculations about whether to target civilians by evaluating how domestic and international audiences are likely to respond to violence. Restraint is also a deliberate strategic choice: governments and rebel groups often avoid targeting civilians and abide by international legal standards to appeal to domestic and international audiences for diplomatic support. This book presents a wide range of evidence of the strategic use of violence and restraint, using original data on violence against civilians in civil wars from 1989 to 2010 as well as in-depth analyses of conflicts in Azerbaijan, El Salvador, Indonesia, Sudan, Turkey, and Uganda.

International Law Reports

Author: Elihu Lauterpacht,Christopher J. Greenwood,A. G Oppenheimer

Publisher: Cambridge University Press

ISBN: 0521879205

Category: Law

Page: 830

View: 6312

Reports in English on decisions of international courts and arbitrators and judgments of national courts.

Non-International Armed Conflicts in International Law

Author: Yoram Dinstein

Publisher: Cambridge University Press

ISBN: 1316061507

Category: Law

Page: N.A

View: 6751

This dispassionate analysis of the legal implications of non-international armed conflicts explores the rules regulating the conduct of internal hostilities, as well as the consequences of intervention by foreign States, the role of the Security Council, the effects of recognition, State responsibility for wrongdoing by both Governments and insurgents, the interface with the law of human rights and the notion of war crimes. The author addresses both conceptual and specific issues, such as the complexities of 'failing' States or the recruitment and use of child soldiers. He makes use of the extensive case law of international courts and tribunals, in order to identify and set out customary international law. Much attention is also given to the contents of available treaty texts (primarily, the Geneva Conventions, Additional Protocol II and the Rome Statute of the International Criminal Court): what they contain and what they omit.

The Vietnam War and International Law

Author: Richard A. Falk

Publisher: Princeton University Press

ISBN: 1400885906

Category: Political Science

Page: 644

View: 7003

International lawyers and distinguished scholars consider the question: Is it legally justifiable to treat the Vietnam War as a civil war or as a peculiar modern species of international law? Originally published in 1968. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Justice in Blue and Gray

A Legal History of the Civil War

Author: Stephen C. Neff

Publisher: Harvard University Press

ISBN: 9780674054363

Category: History

Page: 360

View: 6348

Stephen Neff offers the first comprehensive study of the wide range of legal issues arising from the American Civil War, many of which resonate in debates to this day. Neff examines the lawfulness of secession, executive and legislative governmental powers, and laws governing the conduct of war. Whether the United States acted as a sovereign or a belligerent had legal consequences, including treating Confederates as rebellious citizens or foreign nationals in war. Property questions played a key role, especially when it came to the process of emancipation. Executive detentions and trials by military commissions tested civil liberties, and the end of the war produced a raft of issues on the status of the Southern states, the legality of Confederate acts, clemency, and compensation. A compelling aspect of the book is the inclusion of international law, as Neff situates the conflict within the general laws of war and details neutrality issues, where the Civil War broke important new legal ground. This book not only provides an accessible and informative legal portrait of this critical period but also illuminates how legal issues arise in a time of crisis, what impact they have, and how courts attempt to resolve them.

International Law in the Twentieth Century

Author: N.A

Publisher: Ardent Media

ISBN: N.A

Category:

Page: N.A

View: 1654

Law and War

International Law and American History

Author: Peter Maguire

Publisher: Columbia University Press

ISBN: 0231518196

Category: Political Science

Page: 360

View: 7098

In this classic text, Peter Maguire follows America's legal relationship with war, both before and after the Nuremberg trials of the 1940s. Maguire argues that the precedents set by the trials were nothing less than revolutionary, and he traces the development of these new attitudes throughout American history. The text has been revised throughout, with a new preface and postscript discussing the George W. Bush administration's attempt to rewrite the laws of war after 9/11. Maguire connects these efforts to the decline in American power and reputation. Praise for the previous edition: "[An] intriguing historical analysis."—Harvard Law Review "Outstanding... impressive... a terrific book."—American Historical Review "A five-star accomplishment that will intrigue the reader and prove that, in history, truth is often more fascinating than fiction."—H. W. William Caming, former Nuremberg prosecutor "Perceptive."—Journal of American History "An important and fascinating study, marked by impressive research and moral passion."—Ronald Steel, University of Southern California "A 'must read' for all those interested in international criminal law, war crimes, and war crime trials."—J. C. Watkins Jr., University of Alabama "A sobering exploration of the hypocrisy and double standards that shape the laws of war. Maguire reveals the conflict between American ideology and American imperialism, the Faustian compromises made by our leaders during their elusive quest for justice."—Iris Chang, author of The Rape of Nanking "A pioneering account.... Law and War goes back to the middle of the nineteenth century to trace the history of modern war crimes, their shock value, and the efforts made to bring their perpetrators to account."—Thomas Keenan, Bardian

International Law and Ethnic Conflict

Author: David Wippman

Publisher: Cornell University Press

ISBN: 9780801434334

Category: Law

Page: 354

View: 5118

Contents.

International Law and Diplomacy of the Spanish-American War

Author: Elbert Jay Benton

Publisher: The Lawbook Exchange, Ltd.

ISBN: 158477665X

Category: History

Page: 300

View: 2107

This is a most curious work as it offers an analysis that now seems frozen in amber. Drawing on the example of Le Fur's Etude sur la Guerre Hispano-Americaine de 1898, Envisagee au Point de Vue du Droit International Public (1899) and similar studies, Benton set out to provide an exploration of Spanish-American relations prior to and during the war. This work is critical, but it leans heavily toward a pro-American point of view. He concludes, for instance, that American military and diplomatic objectives were achieved to varying degrees, that at the end of the conflict Cuba was granted complete sovereignty, and that the treaty of peace was fulfilled. Most curiously for the modern scholar, he ends with the recognition that "the occasion of the recent intervention provided for in the Platt Amendment is outside the scope of this work" (291). Benton was a professor of History at Western Reserve University.

International Law and the Use of Force

Beyond the U.N. Charter Paradigm

Author: Anthony Clark Arend,Robert J. Beck

Publisher: Routledge

ISBN: 1136143726

Category: Political Science

Page: 288

View: 534

When the United Nations Charter was adopted in 1945, states established a legal `paradigm' for regulating the recourse to armed force. In the years since then, however, significant developments have challenged the paradigm's validity, causing a `pardigmatic shift'. International Law and the Use of Force traces this shift and explores its implications for contemporary international law and practice.

Political Violence and the International Community

Developments in International Law and Policy

Author: Kirsti Samuels

Publisher: BRILL

ISBN: 1571053743

Category: Political Science

Page: 450

View: 1525

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.

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