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Fighting at the Legal Boundaries

Fighting at the Legal Boundaries Author Kenneth Watkin
ISBN-10 9780190457976
Release 2016-04-21
Pages 728
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The international law governing armed conflict is at a crossroads, as the formal framework of laws designed to control the exercise of self-defense and conduct of inter-state conflict finds itself confronted with violent 21st Century disputes of a very different character. Military practitioners who seek to stay within the bounds of international law often find themselves applying bodies of law-IHRL, IHL, ICL-in an exclusionary fashion, and adherence to those boundaries can lead to a formal and often rigid application of the law that does not adequately address contemporary security challenges. Fighting at the Legal Boundaries offers a holistic approach towards the application of the various constitutive parts of international law. The author focuses on the interaction between the applicable bodies of law by exploring whether their boundaries are improperly drawn, or are being interpreted in too rigid a fashion. Emphasis is placed on the disconnect that can occur between theory and practice regarding how these legal regimes are applied and interact with one another. Through a number of case studies, Fighting at the Legal Boundaries explores how the threat posed by insurgents, terrorists, and transnational criminal gangs often occurs not only at the point where these bodies of law interact, but also in situations where there is significant overlap. In this regard, the exercise of the longstanding right of States to defend nationals, including the conduct of operations such as hostage rescue, can involve the application of human rights based law enforcement norms to counter threats transcending the conflict spectrum. This book has five parts: Part I sets out the security, legal, and operational challenges of contemporary conflict. Part II focuses on the interaction between the jus ad bellum, humanitarian law and human rights, including an analysis of the historical influences that shaped their application as separate bodies of law. Emphasis is placed on the influence the proper authority principle has had in the human rights based approach being favored when dealing with "criminal" non-State actors during both international and non-international armed conflict. Part III analyzes the threats of insurgency and terrorism, and the state response. This includes exploring their link to criminal activity and the phenomenon of transnational criminal organizations. Part IV addresses the conduct of operations against non-State actors that span the conflict spectrum from inter-state warfare to international law enforcement. Lastly, Part V looks at the way ahead and discusses the approaches that can be applied to address the evolving, diverse and unique security threats facing the international community.



The Use of Armed Force in Occupied Territory

The Use of Armed Force in Occupied Territory Author Marco Longobardo
ISBN-10 9781108473415
Release 2018-10-18
Pages 320
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Explores the use of armed force in occupied territory under different international law branches.



Outsourcing War and Peace

Outsourcing War and Peace Author Laura Anne Dickinson
ISBN-10 9780300168525
Release 2011
Pages 271
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This timely book describes the services that are now delivered by private contractors and the threat this trend poses to core public values of human rights, democratic accountability, and transparency. --



International Law

International Law Author Malcolm N. Shaw
ISBN-10 9781316991749
Release 2017-09-30
Pages
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International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.



The Accountability of Armed Groups under Human Rights Law

The Accountability of Armed Groups under Human Rights Law Author Katharine Fortin
ISBN-10 9780192536068
Release 2017-08-10
Pages 448
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Today the majority of the armed conflicts around the world are fought between States and armed groups, rather than between States. This changed conflict landscape creates an imperative to clarify the obligations of armed groups under international law. While it is generally accepted that armed groups are bound by international humanitarian law, the question of whether they are also bound by human rights law is controversial. This book brings significant new understanding to the question of whether and when armed groups might be bound by human rights law. Its conclusions will benefit international law academics, legal practitioners, and political scientists and anthropologists working on issues related to rebel governance and civil wars. This book addresses the debate on this topic by employing a theoretical, historical, and comparative analysis that spans international humanitarian law, international criminal law, and international human rights law. Embedding these different perspectives in public international law, this book brings several key points of clarification to the legal framework. Firstly, the book draws upon social science literature on armed conflict to present a new viewpoint on the role that human rights law plays vis-à-vis international humanitarian law in non-international armed conflicts. Secondly, the book sheds light on the circumstances in which armed groups acquire obligations under human rights law. It brings illumination to these topics by combining historical and comparative research on belligerency, insurgency, and international humanitarian law with a theoretical analysis of legal personality under international law. In the final part of the book, the author tests the four most utilised theories of how armed groups are bound by human rights law, examining whether armed groups can be bound by virtue of (i) treaty law (ii) control of territory (iii) international criminal law and (iv) customary international law. In the book's conclusions, the author presents final remarks that are designed to provide concrete guidance on how the issue of armed groups and human rights law can be dealt with more thoroughly in practice.



Necessity in International Law

Necessity in International Law Author Jens David Ohlin
ISBN-10 9780190622954
Release 2016-09-08
Pages 216
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Necessity is a notoriously dangerous and slippery concept-dangerous because it contemplates virtually unrestrained killing in warfare and slippery when used in conflicting ways in different areas of international law. Jens David Ohlin and Larry May untangle these confusing strands and perform a descriptive mapping of the ways that necessity operates in legal and philosophical arguments in jus ad bellum, jus in bello, human rights, and criminal law. Although the term "necessity" is ever-present in discussions regarding the law and ethics of killing, its meaning changes subtly depending on the context. It is sometimes an exception, at other times a constraint on government action, and most frequently a broad license in war that countenances the wholesale killing of enemy soldiers in battle. Is this legal status quo in war morally acceptable? Ohlin and May offer a normative and philosophical critique of international law's prevailing notion of jus in bello necessity and suggest ways that killing in warfare could be made more humane-not just against civilians but soldiers as well. Along the way, the authors apply their analysis to modern asymmetric conflicts with non-state actors and the military techniques most likely to be used against them. Presenting a rich tapestry of arguments from both contemporary and historical Just War theory, Necessity in International Law is the first full-length study of necessity as a legal and philosophical concept in international affairs.



Rebel Law

Rebel Law Author Frank Ledwidge
ISBN-10 9781849049238
Release 2017-05-15
Pages
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In most societies, courts are where the rubber of government meets the road of the people. If a state cannot settle disputes and ensure that its decisions are carried out, for practical purposes it is no longer in charge. This is why successful rebels put courts and justice at the top of their agendas. Rebel Law examines this key weapon in the armory of insurgent groups, ranging from the Ireland of the 1920s, where the IRA sapped British power using 'Republican Tribunals' to today's 'Caliphate of Law' - the Islamic State, by way of Algeria in the 1950s and the Afghan Taliban. Frank Ledwidge tells how insurgent courts bleed legitimacy from government, decide cases and enforce judgments on the battlefield itself. Astute counterinsurgents, especially in "ungoverned space," can ensure that they retain the initiative. The book describes French, Turkish and British colonial "judicial strategy" and contrasts their experience with the chaos of more recent "stabilization operations" in Iraq and Afghanistan, drawing lessons for contemporary counterinsurgents. Rebel Law builds on his insights and shows that the courts themselves can be used as weapons for both sides in highly unconventional warfare.



Understanding Conflict and Conflict Analysis

Understanding Conflict and Conflict Analysis Author Ho-Won Jeong
ISBN-10 9781473902893
Release 2008-04-08
Pages 280
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'...effectively fills a long-standing void and will no doubt be hailed as a much-needed new addition to the literature... This text very much exemplifies the strength of Ho-Won Jeong as a theorist and one of the more prolific writers in the larger peace and conflict studies field... the final three chapters on 'De-escalation Dynamics' (which includes a brief section on third party intervention), on 'Conciliation Strategies,' and especially the one on 'Ending Conflict,' which provides a range of outcomes beyond the usual focus on third party intervention (read mediation) epitomizes the value of this new text' - Journal of Peace Research '...an awesome tour d'horizon of modern war, violence, and confrontation within and between nations. Illustrating via just about every conflict in every corner of the world, the author invokes an endless array of insights and interpretations, ranging from the micro to the macro, beautifully written in a seamless sequence of closely linked and discursive essays.' - Professor J. David Singer, University of Michigan 'Ho-Won Jeong has written an illuminatinbg analysis of the dynamics of conflict. He lays out the tools we have to analyze conflict in a literate and comprehensive way. A valuable book for anyone interested in a more comprehensive understanding of conflict, its sources, and its deescalation and termination' - Janice Gross Stein, Belzberg Professor of Conflict Management, Director, Munk Centre for International Studies, University of Toronto 'Jeong has successfully combined behavioral and structural analysis of the dynamics of social conflict. This volume covers the multiple dimensions - escalation, entrapment, de-escalation, termination, and resolution - both of violent and non-violent confrontation between adversaries, as well as the utility and limitations of external intervention. For students of the social sciences, it should serve as an excellent introduction to the complex realities of social conflict.' - Milton Esman, John S. Knight Professor of International Studies, Emeritus, Cornell University By examining the dynamic forces which shape and re-shape major conflicts, this timely book provides students with the knowledge base needed to successfully study conflict sources, processes and transformations. Broad in focus, it addresses the multiple social, political and psychological features central to understanding conflict situations and behaviour. A range of both recent and historical examples (including the Arab-Israeli conflict, the 'War on Terrorism', the Cold War, and the civil wars in Sudan, former Yugoslavia and Sri Lanka) are discussed, illustrating the application of concepts and theories essential to the analysis of inter-group, inter-state and intra-state conflict and conflict resolution in a wider context. Understanding Conflict and Conflict Analysis is key reading for students of international relations, peace and conflict studies, conflict resolution, international security and international law.



The Law in War

The Law in War Author Geoffrey Corn
ISBN-10 9781317436201
Release 2018-05-30
Pages 302
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This book provides a comprehensive yet concise overview of key issues related to the regulation of armed hostilities between States, and between States and non-State groups. Coverage begins with an explanation of the conditions that result in the applicability of international humanitarian law, and then subsequently addresses how the law influences a broad range of operational, humanitarian, and accountability issues that arise during military operations. Each chapter provides a clear and comprehensive explanation of humanitarian law, focusing especially on how it impacts operations. The chapters also highlight both contemporary controversies in the field and potentially emerging norms of the law. The book is an ideal text for students studying international humanitarian law for the first time, as well as an excellent introduction for students and practitioners of public international law and international relations.



Land Conflicts

Land Conflicts Author Babette Wehrmann
ISBN-10 3000239405
Release 2008
Pages 110
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Land Conflicts has been writing in one form or another for most of life. You can find so many inspiration from Land Conflicts also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Land Conflicts book for free.



Managing Conflict in a World Adrift

Managing Conflict in a World Adrift Author CHESTER A.. HAMPSON CROCKER (FEN OSLER. AALL, PAMELA.)
ISBN-10 9781928096092
Release 2015
Pages 629
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"The eagerly anticipated follow up to Leashing the Dogs of War. In the midst of a global political shift where power moves from central institutions to smaller, more disbursed units, another landmark text edited by Chester A. Crocker, Fen Osler Hampson and Pamela Aall provides essential insights and practical guidance. In Managing Conflict in a World Adrift, 40 of the world's leading international affairs analysts examine the relationship between political, social or economic change and the outbreak and spread of conflict. They then consider what this means for conflict management." --



Military Interventions in Sierra Leone

Military Interventions in Sierra Leone Author Larry J. Woods
ISBN-10 9781437923100
Release 2010-01
Pages 115
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Analyzes the massive turmoil afflicting the nation of Sierra Leone, 1995-2002, and the efforts of outside forces to bring stability to that small country. The taxonomy of intervention ranged from private mercenary armies, through the Economic Community of West African States, to the U.N. and the U.K. In every case, those who intervened encountered a common set of difficulties that had to be overcome. Unsurprisingly, they also discovered challenges unique to their own org. and political circumstances. Serving soldiers can often profit vicariously from the mistakes of others as recounted in detailed case studies of historical events. ¿A cautionary tale that political leaders and military planners contemplating intervention in Africa ignore at their peril.¿



Principles of International Economic Law

Principles of International Economic Law Author Matthias Herdegen
ISBN-10 9780198790563
Release 2016-09-01
Pages 624
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Principles of International Economic Law provides a comprehensive overview of the central topics in international economic law, with an emphasis on the interplay between the different economic and political interests on both the international and domestic levels. Following recent tendencies, the book sets the classic topics of international economic law, like WTO law, investment protection, commercial law and monetary law in context with aspects of human rights, environmental protection and the legitimate claims of developing countries. The book draws a concise picture of the architecture of international economic law with all its complexities, without getting lost in fragmented details. Providing a perfect introductory text to the field of international economic law, the book thoroughly analyses legal developments within their wider political, economic, or social context. Topics covered range from codes of conduct for multinational enterprises, to the human rights implications of the exploitation of natural resources. The book demonstrates the economic foundations and economic implications of legal frameworks. It puts into profile the often complex relationship between, on the one hand, international standards on liberalization and economic rationality and, on the other, state sovereignty and national preferences. It describes the new forms of economic cooperation which have developed in recent decades, such as the growing number of transnational companies in the private sector, and forms of cooperation between states such as the G8 or G20. This fully updated second edition covers new aspects and developments including the growing importance of corporate social responsibility, mega-regional-agreements like CETA, TTIP, and TPP, trade and investment related aspects of human rights law.



Warfighting

Warfighting Author A.M. Gray
ISBN-10 9780307823304
Release 2013-07-24
Pages 128
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Warfighting is an authentic American philosophy of action that will thrill the millions of fans of SunTzu's The Art of War and Musashi's The Book of Five Rings. This modern classic of strategy and philosophy is the quintessential guide to prevailing in competitive situations, be it war, work, play, or daily living. Sometimes life is war and sometimes business is war and sometimes you need to call in the Marines. Over the past two hundred years, the Marines have developed a reputation for getting the job done—fearlessly, boldly, and taking no prisoners. What better role model for the hidden warriors in ourselves? What better advice to call on when the stakes are high and sensitivity just isn't going to work? Written in 1989 as a philosophical and strategic guide-book for the US. Marine Corps, Warfighting is a worthy successor to SunTzu's The Art Of War. With clarity, brevity, and wisdom, it describes the basic forces at work in every competitive situation whether on the field of battle, in the boardroom, or in the courtroom. With twentieth-century technology and its emphasis on speed and versatility, the rules of war and competition have changed. Warfighting's exploration of maneuver warfare takes readers beyond Sun Tzu's classic lessons and provides them a more thorough understanding of what it takes to fight and win in the modern world. Currency's edition of Warfighting features interviews with famous former Marines including F. Lee Bailey, Ed McMahon, and Donald Regan. They tell how they have used the Marine Corps' battle strategies of strength and straightforwardness as their secret weapons in every confrontation, whether at a corporate, departmental, or personal level.



The Paris Agreement on Climate Change

The Paris Agreement on Climate Change Author Daniel Klein
ISBN-10 9780192506375
Release 2017-07-20
Pages 328
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The most important climate agreement in history, the Paris Agreement on Climate Change represents the commitment of the nations of the world to address and curb climate change. Signed in December 2015, it will come into force on the 4th November, and efforts toward fulfilling its ambitious goals are already under way. The Paris Climate Agreement: Commentary and Analysis combines a comprehensive legal appraisal and critique of the new Agreement with a practical and structured commentary to all its Articles. Part I discusses the general context for the Paris Agreement, detailing the scientific, political, and social drivers behind it, providing an overview of the pre-existing regime, and tracking the history of the negotiations. It examines the evolution of key concepts such as common but differentiated responsibilities, and analyses the legal form of the Agreement and the nature of its provisions. Part II comprises individual chapters on each Article of the Agreement, with detailed commentary of the provisions which highlights central aspects from the negotiating history and the legal nature of the obligations. It describes the institutional arrangements and considerations for national implementation, providing practical advice and prospects for future development. Part III reflects on the Paris Agreement as a whole: its strengths and weaknesses, its potential for further development, and its relationship with other areas of public international law and governance. The book is an invaluable resource for academics and practitioners, policy makers, and actors in the private sector and civil society, as they negotiate the implementation of the Agreement in domestic law and policy.



Humanitarian Military Intervention

Humanitarian Military Intervention Author Taylor B. Seybolt
ISBN-10 0199252432
Release 2007-01
Pages 294
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Military intervention in a conflict without a reasonable prospect of success is unjustifiable, especially when it is done in the name of humanity. Couched in the debate on the responsibility to protect civilians from violence and drawing on traditional 'just war' principles, the central premise of this book is that humanitarian military intervention can be justified as a policy option only if decision makers can be reasonably sure that intervention will do more good than harm. This book asks, 'Have past humanitarian military interventions been successful?' It defines success as saving lives and sets out a methodology for estimating the number of lives saved by a particular military intervention. Analysis of 17 military operations in six conflict areas that were the defining cases of the 1990s-northern Iraq after the Gulf War, Somalia, Bosnia and Herzegovina, Rwanda, Kosovo and East Timor-shows that the majority were successful by this measure. In every conflict studied, however, some military interventions succeeded while others failed, raising the question, 'Why have some past interventions been more successful than others?' This book argues that the central factors determining whether a humanitarian intervention succeeds are the objectives of the intervention and the military strategy employed by the intervening states. Four types of humanitarian military intervention are offered: helping to deliver emergency aid, protecting aid operations, saving the victims of violence and defeating the perpetrators of violence. The focus on strategy within these four types allows an exploration of the political and military dimensions of humanitarian intervention and highlights the advantages and disadvantages of each of the four types. Humanitarian military intervention is controversial. Scepticism is always in order about the need to use military force because the consequences can be so dire. Yet it has become equally controversial not to intervene when a governmentsubjects its citizens to massive violation of their basic human rights. This book recognizes the limits of humanitarian intervention but does not shy away from suggesting how military force can save lives in extreme circumstances.



Scarcity and Surfeit

Scarcity and Surfeit Author Jeremy Lind
ISBN-10 1919913181
Release 2002
Pages 388
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Scarcity and Surfeit has been writing in one form or another for most of life. You can find so many inspiration from Scarcity and Surfeit also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Scarcity and Surfeit book for free.