International Economic Law And Armed Conflict
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International Economic Law And Armed Conflict
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Author : Harry H.G. Post
language : en
Publisher: BRILL
Release Date : 2023-07-24
International Economic Law And Armed Conflict written by Harry H.G. Post and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-24 with Law categories.
The impact of (international) armed conflict on international economic law has become a subject of renewed interest since, in particular, the Iran--Iraq War of 1980--1988 and, to a lesser extent, the Falkland/Malvinas War of 1982. The military operations against Iraq during the 1990--1991 Kuwait crisis, and, more recently, the events in the former Yugoslavia have added a new dimension to this part of international law. The subject of this book is the reciprocal effect of armed conflict and international economic relations. The rules on visit, search, diversion and capture, instruments such as blockade or the rules on termination or suspension of trade agreements and the law of neutrality provide classic examples. `Traditional' and `classic' do not necessarily mean that these long-standing rules are now invalid. One of the purposes of this book is to examine the state of important rules of international prize law and of fundamental principles of the law of neutrality. The essays collected here contribute to a few important capita of international economic law.
International Investment Law And The Law Of Armed Conflict
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Author : Katia Fach Gómez
language : en
Publisher: Springer
Release Date : 2019-08-05
International Investment Law And The Law Of Armed Conflict written by Katia Fach Gómez and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-05 with Law categories.
Assessing the extent to which armed conflict impacts the obligations that states have towards foreign investors and their investments under international investment treaties requires considering a wide range of issues, many of which are systemic in nature. These include substantive and procedural topics, not only with regard to international investment law, but also concerning the law on the use of force, international humanitarian law and human rights law, the law of treaties, the law of state responsibility and the law of state succession.This volume provides an in-depth assessment of the overlap between international investment law and the law of armed conflict by charting the terrain of the multifaceted and complex relationship between these two fields of public international law, fostering debate and offering novel perspectives on the matter.
The Relationship Between Economic Social And Cultural Rights And International Humanitarian Law
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Author : Amrei Müller
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-05-15
The Relationship Between Economic Social And Cultural Rights And International Humanitarian Law written by Amrei Müller 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 2013-05-15 with Law categories.
In The Relationship between Economic, Social and Cultural Rights and International Humanitarian Law, Amrei Müller offers a detailed analysis of the legal consequences of the parallel application of economic, social and cultural (ESC) rights and international humanitarian law (IHL) to non-international armed conflicts. With a focus on health related issues, the book covers important topics like the scope of limitations to and derogations from ESC rights, questions related to the integration of the right to health in military-target decisions, states’ obligations to mitigate the adverse public health impact of armed conflicts and obligations relating to the provision of humanitarian assistance. It moves the discussion about the parallel application of IHL and human rights to a new level, highlighting its potential to enhance the protection of people affected by armed conflicts but also the difficulties involved.
War Economies And International Law
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Author : Mark B. Taylor
language : en
Publisher: Cambridge University Press
Release Date : 2021-07-15
War Economies And International Law written by Mark B. Taylor 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 2021-07-15 with Law categories.
This book describes how international law regulates the problems that arise where economic activity meets violent conflict.
Economic Social And Cultural Rights In Armed Conflict
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Author : Gilles Giacca
language : en
Publisher: OUP Oxford
Release Date : 2014-10-02
Economic Social And Cultural Rights In Armed Conflict written by Gilles Giacca and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-02 with Law categories.
This book addresses the international legal obligation to protect economic, social, and cultural human rights in times of armed conflict and other situations of armed violence. These rights provide guarantees to individuals of their fundamental rights to work, to an adequate standard of living (food, water, housing), to education, and to health. Armed violence can take many forms, from civil unrest or protest and other forms of internal disturbances and tensions to higher levels of violence that may amount to armed conflict, whether of an international or of a non-international character. However, in all such cases the protection of ESC rights is sorely challenged. Situations of actual or potential violence present a number of challenges to the application and implementation of human rights law in general and socio-economic rights obligations more specifically. This book sets out the legal framework, defining what constitutes a minimum universal standard of human rights protection applicable in all circumstances. It assesses the concept and content of ESC rights' obligations, and evaluates how far they can be legally applicable in various scenarios of armed violence. By looking at the specific human rights treaty provisions, it discusses how far ESC rights obligations can be affected by practical and legal challenges to their implementation. The book addresses the key issues facing the protection of such rights in times of armed conflict: the legal conditions to limit ESC rights on security grounds, including the use of force; the extraterritorial applicability of international human rights treaties setting out ESC rights; the relationship between human rights law and international humanitarian law; and the obligations of non-state actors under human rights law and with particular relevance to the protection of ESC rights. The book assesses the nature of these potential challenges to the protection of ESC rights, and offers solutions to reinforce their continued application.
The International Law Of Economic Warfare
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Author : Teoman M. Hagemeyer-Witzleb
language : en
Publisher: Springer Nature
Release Date : 2021-07-14
The International Law Of Economic Warfare written by Teoman M. Hagemeyer-Witzleb and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-14 with Law categories.
Since the prohibition of the threat or use of force and the resurgence of (economic) nationalism, economic warfare has become an increasingly important substitute for actual hostilities between states. Its manifestations range from medieval sieges to modern day trade wars. Despite its long history, economic warfare remains an elusive term, foreign to international law. This book seeks to identify those portions of international law that are applicable to economic warfare. What is the status quo of regulation? Is there a jus ad bellum oeconomicum? A jus in bello oeconomico? After putting forward its own definition of economic warfare, the book reviews historical case studies – reflecting the three main branches of international economic law: trade, investment and currency – to identify pertinent legal boundaries. While the case studies reveal that numerous rules of international (economic) law regulate (specific measures of) economic warfare, it remains to be seen whether – analogously to the prohibition of the threat or use of force – these selective limitations have the potential to coalesce into a general prohibition of economic warfare in the future.
War Law
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Author : Michael Byers
language : en
Publisher: Open Road + Grove/Atlantic
Release Date : 2007-12-01
War Law written by Michael Byers and has been published by Open Road + Grove/Atlantic this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-01 with Law categories.
“Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law.” —Chris Patten, Chancellor of Oxford University International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky
The Law Of Armed Conflict And The Use Of Force
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Author : Frauke Lachenmann
language : en
Publisher: Oxford University Press
Release Date : 2017
The Law Of Armed Conflict And The Use Of Force written by Frauke Lachenmann 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 with Law categories.
"Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law."
The Law Of Non International Armed Conflict
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Author : Sandesh Sivakumaran
language : en
Publisher: Oxford University Press
Release Date : 2012-08-09
The Law Of Non International Armed Conflict written by Sandesh Sivakumaran 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 2012-08-09 with Law categories.
Non-international armed conflicts now far outnumber international ones, but the protection afforded by international law to combatants and civilian is not always clear. This book will set out the legal rules and state practice applicable to internal armed conflicts, drawing on armed conflicts from the US civil war to present day.
Principles Of International Law
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Author : John Balouziyeh, Esq.
language : en
Publisher: Vandeplas Publishing
Release Date : 2016-06-17
Principles Of International Law written by John Balouziyeh, Esq. and has been published by Vandeplas Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-17 with Law categories.
This book offers law students and practitioners alike a clear and concise overview of public international law. It introduces the reader to the sources and history of international law while examining the institutions that create, interpret, and enforce the law, with special attention given to the International Court of Justice and its jurisprudence. The main branches of international law, along with the major treaties and customs governing them, are explained. The chapters take the reader through a step-by-step exposition of the following topics: - States and governments in the international order - International humanitarian law (the law of armed conflict) - International criminal law - Human rights and related topics - State responsibility and immunities from jurisdiction - International environmental law - The law of the sea, air, and space - International economic and trade law The procedures implemented in resolving international disputes are similarly examined. The book's lucid writing style and user-friendly format guarantee its accessibility to lawyers and non-lawyers alike. It will similarly be useful to students as a companion to any international law casebook or compendium of primary source documents.