Essays On Law And War At The Fault Lines
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Essays On Law And War At The Fault Lines
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Author : Michael N. Schmitt
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-11-15
Essays On Law And War At The Fault Lines written by Michael N. Schmitt and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-15 with Law categories.
This collection of essays by Professor Michael N. Schmitt of Durham University draws together those of his articles published over the past two decades that have explored particular fault lines in the law of armed conflict. As such, they examine the complex interplay between warfare and law, seeking to identify where the law and warfare appear to diverge, and where such apparent divergence can be accommodated through contextual interpretation of the law. Each essay examines a particular issue in either the jus ad bellum (the law governing resort to force) or jus in bello (international humanitarian law) that has proven contentious in terms of applying extant norms to the evolving face of armed conflict. Among the topics addressed are counter-terrorism, cyber operations, asymmetrical warfare, assassination, environmental warfare and the participation of civilians in hostilities.
International Law And Armed Conflict Exploring The Faultlines
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Author : Michael N. Schmitt
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2007
International Law And Armed Conflict Exploring The Faultlines written by Michael N. Schmitt and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday's wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the" jus ad bellum" and "jus in bello" are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein's classic works - "War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict "? the book addresses both "ius ad bellum" and "ius in bello" topics.
International Law And Armed Conflict
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Author : Michael N. Schmitt
language : en
Publisher:
Release Date : 2007
International Law And Armed Conflict written by Michael N. Schmitt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with War (International law) categories.
Essays On The Modern Law Of War
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Author : Leslie C Green
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2023-12-11
Essays On The Modern Law Of War written by Leslie C Green and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-11 with Law categories.
The essays convey collectively a picture of the law of armed conflict that is multidimensional in scope and insight. The second revised and expanded edition is an up-to-date, as well as a classically authoritative contribution to this immensely important field.
Essays On War In International Law
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Author : C. J. Greenwood
language : en
Publisher:
Release Date : 2006
Essays On War In International Law written by C. J. Greenwood and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Humanitarian law categories.
The essays contained in this volume deal both with the law concerning resort to force (jus ad bellum) and the law which regulates the conduct of hostilities once the decision to resort to force has been taken (jus in bello). The collection looks at Iraqi invasion of Kuwait in 1990 and shift towards the interpretation of decisions of the Security Council rather than the reliance on the law of self-defence in assessing the legality or illegality of a state's resort to force. Also addressed are questions of whether international law permits the pre-emptive use of force and humanitarian intervention. The collection also contributes to the debates surrounding the law on the conduct of hostilities (the laws of war, properly so called), including intense debate over whether nuclear weapons could ever lawfully be employed, whether there is a role for belligerent reprisals in modern international law, the system for the prosecution of war crimes and the duties of the belligerent occupant.
Essays On The Modern Law Of War
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Author : Leslie C. Green
language : en
Publisher: Brill Nijhoff
Release Date : 1999
Essays On The Modern Law Of War written by Leslie C. Green and has been published by Brill Nijhoff this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Lebanon categories.
The essays convey collectively a picture of the law of armed conflict that is multidimensional in scope and insight. The second revised and expanded edition is an up-to-date, as well as a classically authoritative contribution to this immensely important field.
The War On Terror And The Framework Of International Law
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Author : Helen Duffy
language : en
Publisher: Cambridge University Press
Release Date : 2015-04-09
The War On Terror And The Framework Of International Law written by Helen Duffy and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-09 with Law categories.
This book analyses the international legal framework governing terrorism and counter-terrorism and assesses the legal issues relating to post-9/11 international practice.
The Law Of Maritime Blockade
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Author : Phillip Drew
language : en
Publisher: Oxford University Press
Release Date : 2017-12-08
The Law Of Maritime Blockade written by Phillip Drew and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-08 with Law categories.
Although appearing to be a relatively benign method of warfare when viewed from a distance, a close examination of maritime blockade unveils a sinister character that can, in cases where countries are highly reliant on imports of foodstuffs to feed their populations, prove incredibly deadly, particularly for the young and elderly. This book is unique in that it is the only contemporary book that is dedicated to the study of the law of maritime blockade in the context of modern humanitarian law. Reviewing the development of blockade law over the past four centuries, The Law of Maritime Blockade provides a historical analysis of the law as it emerged, tracing its evolution through armed conflicts between 1684 and the present. Referring to the starvation caused by the blockade of Germany during World War I and the humanitarian crisis caused by the sanctions regime against Iraq (1991-2003), this book demonstrates that blockade can have extremely deleterious effects for vulnerable civilian populations. In this context the current law of blockade is examined, and found to be deficient in terms of its protection for civilians. Recognizing and advocating that blockade should remain as a valid and effective method of warfare, the book offers a template for a modern law of maritime blockade that incorporates many of the traditional aspects of the law, while reducing the possibilities that blockades can cause or exacerbate humanitarian disasters.
The Morality Of The Laws Of War
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Author : Marcela Prieto Rudolphy
language : en
Publisher: Oxford University Press
Release Date : 2023-05-04
The Morality Of The Laws Of War written by Marcela Prieto Rudolphy and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-04 with Law categories.
Combatants are equal under the laws of armed conflict, regardless of whether the wars they fight are just or unjust, legal or illegal. They are permissible targets and can kill each other in battle. This basic feature of international law has been recently put into question by a group of moral philosophers known as revisionists, who argue that just combatants in an unjust war should be considered innocents, and their deaths considered murder. Dr. Prieto Rudolphy explains and assesses the conflict between the revisionist argument and the existing legal norms in The Morality of the Laws of War: War, Law, and Murder. The book provides an in-depth assessment of modern ethical thought on killing in wartime, deconstructing the revisionist view of war and offering a new perspective on the legal equality of combatants. Prieto Rudolphy not only examines the tension between the revisionist morality and the traditional thesis of symmetry between combatants but proposes a contingent justification of the latter and an alternative morality of war. Underlying both is the inescapable fact that regulating war is always a moral compromise. At the same time, she argues that there is urgent moral pressure to improve our laws - to bring them closer to an ideal whereby war does not exist. The Morality of the Laws of War is a must-read for scholars of moral philosophy and international law, from students to experts, providing a thorough account of contemporary debates on the ethics of warfare and using nuanced arguments to illuminate a fresh perspective.
Of War And Law
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Author : David Kennedy
language : en
Publisher: Princeton University Press
Release Date : 2006-09-10
Of War And Law written by David Kennedy and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-09-10 with Law categories.
Retelling the history of modern war and statecraft as a tale of the changing role of law and the dramatic growth of law's power, this book focuses on what can go wrong when humanitarian and military planners speak the same legal language - wrong for humanitarianism, and wrong for warfare.