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The Threat of Force in International Law

The Threat of Force in International Law Author Nikolas Stürchler
ISBN-10 9781139464918
Release 2007-07-19
Pages
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Threats of force are a common feature of international politics, advocated by some as an economical guarantee against the outbreak of war and condemned by others as a recipe for war. Article 2(4) of the United Nations Charter forbids states to use threats of force, yet the meaning of the prohibition is unclear. This book provides the first comprehensive appraisal of the no-threat principle: its origin, underlying rationale, theoretical implications, relevant jurisprudence, and how it has withstood the test of time from 1945 to the present. Based on a systematic evaluation of state and United Nations practices, the book identifies what constitutes a threat of force and when its use is justified under the United Nations Charter. In so doing, it relates the no-threat principle to important concepts of the twentieth century, such as deterrence, escalation, crisis management, and what has been aptly described as the 'diplomacy of violence'.



Securing the Safety of Navigation in East Asia

Securing the Safety of Navigation in East Asia Author Shicun Wu
ISBN-10 9781782421603
Release 2013-11-21
Pages 304
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Safe navigation of the seas is of global importance. Sea lanes provide vital connections for the growth of the global economy and the wellbeing of people everywhere. The sea lanes are of particular importance for the East Asian region, as most trade is undertaken on the ocean. Booming economies in the region such as China and Vietnam put more pressure on sea lanes, triggering concern for the safety of navigation. Securing the Safety of Navigation in East Asia identifies salient issues for academic debate, and further explores those that have practical implications for the safety of navigation in East Asia. Contemporary maritime security concentrates on safe navigation and inhibiting transnational crimes, including sea piracy and maritime terrorism. Maritime environmental security and search and rescue at sea are also important. Securing the Safety of Navigation in East Asia is structured into four sections: the first part introduces the topic, and looks at the safety of navigation and the search for a cooperative mechanism. The second part considers the international legal framework and its implications for East Asia. The third part presents national perspectives on the safety of navigation, and fi nally part four considers navigational issues in the South China Sea. Places a special focus on East Asia Accommodates national perspectives in East Asia on navigation given by scholars from China, Japan, South Korea, Malaysia, the Philippines, and Singapore Presents a special section on the South China Sea, located in Southeast Asia and connecting the Indian and Pacific oceans; a critical sea route for maritime transport



Threats of Force

Threats of Force Author Francis Grimal
ISBN-10 9781135132033
Release 2012-12-12
Pages 222
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Despite recent attempts by scholars to examine the absolute prohibition of threats of force under Article 2(4) of the UN Charter, threats remain a largely un-chartered area in international law when compared with actual uses of force. Adopting an interdisciplinary approach and utilising strategic literature and international relations theory, this book examines the theoretical nature behind a threat of force, which, helps to inform and explain why and how the normative structure operates in the way that it does. In addition to considering the normative rules regarding threats of force, this book focuses heavily on understanding the theory of threats of force or "threat theory". Drawing on strategic studies for an insight into practical workings of international law, the heart of the book examines whether international law, or indeed the international community, should distinguish between a threat of force which is little more than mere "sabre rattling" and one that is serious enough to send a state to DEFCON 1. Finally, the book considers the point at which a state pursuing nuclear capabilities may breach Article 2(4) with particular reference to both North Korean and Iranian efforts to pursue nuclear technology. This topical book will be of great interest not only to scholars and postgraduates in international law but also to academics and students in the fields of political science, international relations and strategic studies.



An Equitable Framework for Humanitarian Intervention

An Equitable Framework for Humanitarian Intervention Author Ciarán Burke
ISBN-10 9781782251279
Release 2013-05-09
Pages 398
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This book aims to resolve the dilemma regarding whether armed intervention as a response to gross human rights violations is ever legally justified without Security Council authorisation. Thus far, international lawyers have been caught between giving a negative answer on the basis of the UN Charter's rules ('positivists'), and a 'turn to ethics', declaring intervention legitimate on moral grounds, while eschewing legal analysis ('moralists'). In this volume, a third solution is proposed. The idea is presented that many equitable principles may qualify as 'general principles of law recognised by civilised nations' - one of the three principal sources of international law (though a category that is often overlooked) - a conclusion based upon detailed research of both national legal systems and international law. These principles, having normative force in international law, are then used to craft an equitable framework for humanitarian intervention. It is argued that the dynamics of their operation allow them to interact with the Charter and customary law in order to fill gaps in the existing legal structure and soften the rigours of strict law in certain circumstances. It is posited that many of the moralists' arguments are justified, albeit based upon firm legal principles rather than ethical theory. The equitable framework proposed is designed to provide an answer to the question of how humanitarian intervention may be integrated into the legal realm. Certainly, this will not mean an end to controversies regarding concrete cases of humanitarian intervention. However, it will enable the framing of such controversies in legal terms, rather than as a choice between the law and morality. '...has potential to become one of the most important books in public international law of the decade, or in a generation'. Martin Scheinin, Professor of Public International Law, European University Institute, Florence



The Challenge of Child Labour in International Law

The Challenge of Child Labour in International Law Author Franziska Humbert
ISBN-10 9781139480321
Release 2009-08-27
Pages
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Child labour remains a widespread problem around the world. Over 200 million children can be regarded as child labourers, and about 10 million children are involved in producing either agricultural or manufactured products for export. Franziska Humbert explores the status of child labour in international law. Offering a wide-ranging analysis of the problem, she explores the various UN and ILO instruments and reveals the weaknesses of the current frameworks installed by these bodies to protect children from economic exploitation. After assessing to what extent trade measures such as conditionalities, labelling and trade restrictions and promotional activities can reduce child labour, she suggests an alternative legal framework which takes into account the needs of children.



The Use of Force and International Law

The Use of Force and International Law Author Christian Henderson
ISBN-10 9781108643412
Release 2018-05-10
Pages
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The Use of Force and International Law offers an authoritative overview of international law governing the resort to force. Looking through the prism of the contemporary challenges that this area of international law faces, including technology, sovereignty, actors, compliance and enforcement, this book addresses key aspects of international law in this area: the general breadth and scope of the prohibition of force, what is meant by 'force', the use of force through the UN and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, forcible intervention in civil conflicts, the controversial doctrine of humanitarian intervention. Suitable for advanced undergraduate and postgraduate students, academics and practitioners, The Use of Force and International Law offers a contemporary, comprehensive and accessible treatment of the subject.



Police Use of Force under International Law

Police Use of Force under International Law Author Stuart Casey-Maslen
ISBN-10 9781316510025
Release 2017-08-10
Pages
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Policing is commonly thought to be governed by domestic legal systems and not international law. However, various international legal standards are shown to have an impact in situations where police use force. Police Use of Force under International Law explores this tension in detail for the first time. It critically reviews the use of force by law enforcement agencies in a range of scenarios: against detainees, during protests, and in the context of counterterrorism and counterpiracy operations. Key trends, such as the growing use of private security services, are also considered. This book provides a human rights framework for police weaponry and protection of at-risk groups based on critical jurisprudence from the last twenty years. With pertinent case law and case studies to illustrate the key principles of the use of force, this book is essential reading for anyone interested in policing, human rights, state use of force or criminology.



Reading Humanitarian Intervention

Reading Humanitarian Intervention Author Anne Orford
ISBN-10 113943571X
Release 2003-06-26
Pages
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During the 1990s, humanitarian intervention seemed to promise a world in which democracy, self-determination and human rights would be privileged over national interests or imperial ambitions. Orford provides critical readings of the narratives that accompanied such interventions and shaped legal justifications for the use of force by the international community. Through a close reading of legal texts and institutional practice, she argues that a far more circumscribed, exploitative and conservative interpretation of the ends of intervention was adopted during this period. The book draws on a wide range of sources, including critical legal theory, feminist and postcolonial theory, psychoanalytic theory and critical geography, to develop ways of reading directed at thinking through the cultural and economic effects of militarized humanitarianism. The book concludes by asking what, if anything, has been lost in the move from the era of humanitarian intervention to an international relations dominated by wars on terror.



Shipping Interdiction and the Law of the Sea

Shipping Interdiction and the Law of the Sea Author Douglas Guilfoyle
ISBN-10 9780521760195
Release 2009-08-13
Pages 374
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In this comparative study of shipping interdiction, Douglas Guilfoyle considers the State action of stopping, searching and arresting foreign flag vessels and crew on the high seas in cases such as piracy, slavery, drug smuggling, fisheries management, migrant smuggling, the proliferation of weapons of mass destruction and maritime terrorism. Interdiction raises important questions of jurisdiction, including: how permission to board a foreign vessel is obtained; whether boarding State or flag State law applies during the interdiction (or whether both apply); and which State has jurisdiction to prosecute any crimes discovered. Rules on the use of force and protection of human rights, compensation for wrongful interdiction and the status of boarding State officers under flag State law are also examined. A unified and practical view is taken of the law applicable across existing interdiction regimes based on an extensive survey of state practice.



United Nations Sanctions and the Rule of Law

United Nations Sanctions and the Rule of Law Author Jeremy Matam Farrall
ISBN-10 9781139468510
Release 2007-12-13
Pages
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The United Nations Security Council has increasingly resorted to sanctions as part of its efforts to prevent and resolve conflict. In this 2007 book, Farrall traces the evolution of the Security Council's sanctions powers and charts the contours of the UN sanctions system. He also evaluates the extent to which the Security Council's increasing commitment to strengthening the rule of law extends to its sanctions practice. The book identifies shortcomings in respect of key rule of law principles and advances pragmatic policy-reform proposals designed to ensure that UN sanctions promote, strengthen and reinforce the rule of law. In its appendices United Nations Sanctions and the Rule of Law contains summaries of all 25 UN sanctions regimes established to date by the Security Council. It forms an invaluable source of reference for diplomats, policymakers, scholars and advocates.



The Oxford Handbook of the Use of Force in International Law

The Oxford Handbook of the Use of Force in International Law Author Marc Weller
ISBN-10 9780191653902
Release 2015-01-15
Pages 1328
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The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.



The Use of Force in International Law

The Use of Force in International Law Author Tom Ruys
ISBN-10 9780191087189
Release 2018-04-26
Pages 750
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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?



Legitimacy and Legality in International Law

Legitimacy and Legality in International Law Author Jutta Brunnée
ISBN-10 9781139491471
Release 2010-08-05
Pages
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It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.



Underwater Cultural Heritage and International Law

Underwater Cultural Heritage and International Law Author Sarah Dromgoole
ISBN-10 9781107292192
Release 2013-07-25
Pages
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The UNESCO Convention on the Protection of the Underwater Cultural Heritage 2001, which entered into force internationally in 2009, is designed to deal with threats to underwater cultural heritage arising as a result of advances in deep-water technology. However, the relationship between this new treaty and the UN Convention on the Law of the Sea is deeply controversial. This study of the international legal framework regulating human interference with underwater cultural heritage explores the development and present status of the framework and gives some consideration to how it may evolve in the future. The central themes are the issues that provided the UNESCO negotiators with their greatest challenges: the question of ownership rights in sunken vessels and cargoes; sovereign immunity and sunken warships; the application of salvage law; the ethics of commercial exploitation; and, most crucially, the question of jurisdictional competence to regulate activities beyond territorial sea limits.



International Law and the Arctic

International Law and the Arctic Author Michael Byers
ISBN-10 9781107042759
Release 2013-08-01
Pages 337
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Sets out the international law relevant to the Arctic, from indigenous peoples to environmental protection to oil and gas exploration.



The Right to Reparation in International Law for Victims of Armed Conflict

The Right to Reparation in International Law for Victims of Armed Conflict Author Christine Evans
ISBN-10 9781107019973
Release 2012-06-28
Pages 277
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Christine Evans assesses the right to reparation for victims of armed conflict in international law and in national practice.



Governmental Illegitimacy in International Law

Governmental Illegitimacy in International Law Author Brad R. Roth
ISBN-10 0199243018
Release 2000
Pages 439
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When is a de facto authority not entitled to be considered a 'government' for the purposes of International Law? In this book, Brad Roth offers a detailed examination of collective non-recognition of governments.