Fighting At The Legal Boundaries


Fighting At The Legal Boundaries
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Fighting At The Legal Boundaries


Fighting At The Legal Boundaries
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Author : Kenneth Watkin OMM, CD, QC
language : en
Publisher: Oxford University Press
Release Date : 2016-05-03

Fighting At The Legal Boundaries written by Kenneth Watkin OMM, CD, QC 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 2016-05-03 with Law categories.


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.



Fighting At The Legal Boundaries


Fighting At The Legal Boundaries
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Author : Kenneth Watkin
language : en
Publisher: Oxford University Press
Release Date : 2016

Fighting At The Legal Boundaries written by Kenneth Watkin 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 2016 with Law categories.


"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." --



The Frontiers Of Public Law


The Frontiers Of Public Law
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Author : Jason NE Varuhas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-01-09

The Frontiers Of Public Law written by Jason NE Varuhas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-09 with Law categories.


This major collection contains selected papers from the third Public Law Conference, an international conference hosted by the University of Melbourne in July 2018. The collection includes contributions by leading academics and senior judges from across the common law world, including Australia, Canada, New Zealand, the United Kingdom and the United States. The collection explores the frontiers of public law, examining cutting-edge issues at the intersection of public law and other fields. The collection addresses four principal frontiers: public law and international law; public law and indigenous peoples; public law and other domestic fields, specifically criminal law and private law; and public law and public administration. In common with the two books from the previous Public Law Conferences, this collection offers authoritative insights into the most important issues emerging in public law, and is essential reading for those working in the field.



Between Crime And War


Between Crime And War
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Author : Jens David Ohlin
language : en
Publisher: Oxford University Press
Release Date : 2022

Between Crime And War written by Jens David Ohlin 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 2022 with Law categories.


"The threat posed by the recent rise of transnational non-state armed groups does not fit easily within either of the two basic paradigms for state responses to violence. The crime paradigm focuses on the interception of demonstrable immediate threats to the safety of others. Its aim is to protect specific persons and members of the general public from violence by identifiable individuals, who may be acting alone or in concert. In pursuit of this aim, the state uses police operations and the criminal justice system. Both of these tools are governed by human rights principles that significantly constrain state power. A state may not restrict liberty unless it has demonstrable evidence that an individual may pose a danger to others. It may not use force if other means will be effective to stop a threat. If using force is unavoidable, it must be the minimum amount necessary. Furthermore, a state generally may not take life unless no other measure will intercept an immediate threat to life"--



The Law Of Armed Conflict


The Law Of Armed Conflict
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Author : Geoffrey S. Corn
language : en
Publisher: Aspen Publishing
Release Date : 2018-09-14

The Law Of Armed Conflict written by Geoffrey S. Corn and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-14 with Law categories.


The Law of Armed Conflict provides a complete operational scenario and introduction to the operational organization of United States forces. The focus remains on United States law perspective, balanced with exposure to areas where the interpretation of its allied forces diverge. Jus ad bellum and jus in bello issues are addressed at length. The casebook comes to students with stunning authority. All of the authors are active or retired United States Army officers with more than 140 years of collective military operational experience among them. Several have experience in both legal and operational assignments as well. They deliver a comprehensive coverage of all aspects of the law of armed conflict, explaining the difference between law and policy in regulation of military operations.



International Law


International Law
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Author : Malcolm N. Shaw
language : en
Publisher: Cambridge University Press
Release Date : 2021-07-22

International Law written by Malcolm N. Shaw 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 2021-07-22 with Law categories.


An authoritative and engaging work, combining straightforward exposition with extensive footnotes for further research.



International Law And Armed Conflict


International Law And Armed Conflict
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Author : Laurie R. Blank
language : en
Publisher: Aspen Publishing
Release Date : 2018-09-14

International Law And Armed Conflict written by Laurie R. Blank and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-14 with Law categories.


Experienced authors with over 45 years combined teaching and working in the field use fundamental principles and sources to instruct and guide discussion about the application of the law of armed conflict to contemporary and future questions. Students can gain a solid foundation in the law and develop the tools they need to analyze complex legal problems. International Law and Armed Conflict shows how the law informs operational and policy decision-making. Placing the law of armed conflict in context with related fields, such as human rights law and national security law, the text provides a complete framework for understanding legal paradigms during and after conflict. Innovative materials allow flexibility across a range of class scenarios, from a stand-alone course to part of a broader survey class. New to the Second Edition: New technologies and the law of armed conflict, including cyber, unmanned aerial vehicles and autonomous weapons systems The conflict in Syria, including ISIS, genocide and chemical weapons attacks Humanitarian assistance and the challenges of protecting the civilian population in urban conflicts Contemporary debates regarding detention in non-international armed conflict, human rights law, and targeted killing Professors and students will benefit from: Experienced authors with over 45 years combined teaching and working in the law of armed conflict field in the military, at think tanks, and in academia Use of the fundamental principles and sources of the law to inform discussions and questions about contemporary and future questions An approach that gives students a solid foundation in the law and the analytical tools they need to analyze complex legal situations and problems and to understand how the law informs and impacts operational and policy decision-making Context that ties together the law of armed conflict with other related fields, such as human rights law and national security law, to provide a complete framework for understanding the legal paradigm applicable during and after conflict Teaching materials include: Substantive and innovative tools and materials to teach this topic as a stand-alone class or as part of a broader class on a range of related topics A Teacher’s manual with additional sources, discussion points, and key background information, all designed for maximum use and flexibility in a range of class scenarios



Military Professionalism And Humanitarian Law


Military Professionalism And Humanitarian Law
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Author : Yishai Beer
language : en
Publisher: Oxford University Press
Release Date : 2018

Military Professionalism And Humanitarian Law written by Yishai Beer 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 2018 with Law categories.


Revitalizing the concept of military necessity -- Lawful war of self-defense : when not to be a sitting duck -- Military strategy : the blind spot of international humanitarian law -- Defensive deterrence : legalizing the stepchild of international law.



Yearbook Of International Humanitarian Law Volume 20 2017


Yearbook Of International Humanitarian Law Volume 20 2017
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Author : Terry D. Gill
language : en
Publisher: Springer
Release Date : 2018-12-20

Yearbook Of International Humanitarian Law Volume 20 2017 written by Terry D. Gill and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-20 with Law categories.


The main theme of this volume of the Yearbook of International Humanitarian Lawis the development and interpretation of international humanitarian law (IHL). It iselaborated upon in several chapters that examine the role of non-state armed groupsin the development and interpretation of IHL, the impact of international criminal lawon the development of IHL, the notion of external non-international armed conflicts,and the regulation of prolonged occupation under international law. The second theme of this volume is dedicated to targeting in armed conflicts. Specifictopics include precautions in attack in urban and siege warfare, the targeting of theIslamic State’s religious personnel in Iraq and Syria, and the targeting of illicit cropsthrough aerial spraying in Colombia. Besides the chapters that address both themes,this volume also contains a Year in Review describing the most important events andlegal developments that took place in 2017. The Yearbook of International Humanitarian Law is the world’s only annual publicationdevoted to the study of the laws governing armed conflict. It provides a truly internationalforum for high-quality, peer-reviewed academic articles focusing on this crucialbranch of international law. Distinguished by contemporary relevance, the Yearbookof International Humanitarian Law bridges the gap between theory and practice andserves as a useful reference tool for scholars, practitioners, military personnel, civilservants, diplomats, human rights workers and students.



The Limits Of Human Rights


The Limits Of Human Rights
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Author : Bardo Fassbender
language : en
Publisher: Oxford University Press, USA
Release Date : 2019-11-26

The Limits Of Human Rights written by Bardo Fassbender and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-26 with Law categories.


What are the limits of human rights, and what do these limits mean? This volume engages critically and constructively with this question to provide a distinct contribution to the contemporary discussion on human rights. Fassbender and Traisbach, along with a group of leading experts in the field, examine the issue from multiple disciplinary perspectives, analysing the limits of our current discourse of human rights. It does so in an original way, and without attempting to deconstruct, or deny, human rights. Each contribution is supplemented by an engaging comment which furthers this important discussion. This combination of perspectives paves the way for further thought for scholars, practitioners, students, and the wider public. Ultimately, this volume provides an exceptionally rich spectrum of viewpoints and arguments across disciplines to offer fresh insights into human rights and its limitations.