International Law In The Transition To Peace
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International Law And Transition To Peace In Colombia
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Author : César Rojas-Orozco
language : en
Publisher: Theory and Practice of Public
Release Date : 2021
International Law And Transition To Peace In Colombia written by César Rojas-Orozco and has been published by Theory and Practice of Public this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
"In International Law and Transition to Peace in Colombia, César Rojas-Orozco analyses the role of international law in transition from armed conflict to peace, by using the analytical framework of jus post bellum and Colombia as a case study. While contemporary attention to jus post bellum has focused on its theoretical development and regarding international warfare, this book is the first work to comprehensively assess the concept in practice and in the context of a non-international armed conflict. Discussing the creative formulas adopted in Colombia to conciliate international legal requirements and the practical needs of peace, the book offers concrete elements to understand the concept of jus post bellum as a framework to guide other transitions around the world"--
International Law In The Transition To Peace
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Author : Carina Lamont
language : en
Publisher: Routledge
Release Date : 2021-11-14
International Law In The Transition To Peace written by Carina Lamont and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-14 with Law categories.
This book proposes a normative framework specifically designed for the complex and legally uncertain time period between armed conflicts and peace. As such, it contributes both to the furthering of a jus post bellum framework, and to enhanced legal clarity in complex and legally uncertain environments. This, in turn, contributes to strengthened protection engagements, and thus to improved prospects of enabling sustainable peace and security in both national and international perspectives. The book offers a novel but persuasive argument for a legal framework specific for transitional environments. Such legal framework, it is argued, is warranted in order to enable legal clarity to contemporary and outstanding legal issues, as well as to furthering peace efforts in complex environments. The legal framework suggested proposes a dividing line between applicable legal frameworks that, it is submitted, enhances both legal clarity on protection engagements and the quest for sustainable peace. The framework proposed is founded on a legal analysis of the protective nature and function of law. It thus provides a rare but important perspective on law that is of value in the quest for sustainable peace and security. The research draws uniquely on both contemporary legal debates, and on peace and conflict research. It does so in order to enable legal analysis that is both legally sound, as well as appropriate and adequate in today’s peace and security realities. The book provides a valuable resource for academics, researchers and policy-makers in the areas of Public International Law, International Humanitarian Law, International Human Rights Law, (the law of) Peace Operations, and Peace and Security Studies.
Jus Post Bellum
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Author : Carsten Stahn
language : en
Publisher: T.M.C. Asser Press
Release Date : 2008
Jus Post Bellum written by Carsten Stahn and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Jus ad bellum and jus in bello are established concepts in contemporary international law. This book is the first work to treat the origins, contents and contemporary challenges of jus post bellum. It offers new analysis and fresh thinking on one of the greatest challenges of warfare and armed force: the management and restoration of peace after conflict. Fundamental issues, such as the extraterritorial application of human rights obligations, the accountability of occupying powers and international organizations and approaches towards justice and reconciliation, are at the heart of contemporary debate. New concepts, such as the notion of responsibility to protect are gradually emerging. This book addresses these issues from a novel perspective. It identifies legal gaps and policy challenges and inquires to what extent they may be addressed under a common normative umbrella: Jus Post Bellum. The individual contributions offer guidance on shortcomings, directions and possible avenues of reform. In this way, the authors – from various disciplines, such as philosophy, legal history, political science and international law – contribute to the emerging scholarship in this field. Carsten Stahn is a Reader in Public International Law and International Criminal Justice, at the Swansea University School of Law, UK. Jann K. Kleffner is Assistant Professor at the Amsterdam University Center of International Law, The Netherlands, and the Managing Editor of the Yearbook of International Humanitarian Law.
Environmental Protection And Transitions From Conflict To Peace
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Author : Carsten Stahn
language : en
Publisher: Oxford University Press
Release Date : 2017-10-13
Environmental Protection And Transitions From Conflict To Peace written by Carsten Stahn 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 2017-10-13 with Law categories.
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Environmental protection is fundamental for the establishment of sustainable peace. Applying traditional legal approaches to protection raises particular challenges during the transition from conflict to peace. In the jus post bellum context, protection of the environment and natural resources needs to be considered in tandem with a broad range of simultaneously applicable normative frameworks, such as human rights, transitional justice, arms control/disarmament, UN law and practice, development, and domestic law. While certain multilateral environment agreements, such as the Convention Concerning the Protection of the World Cultural and Natural Heritage protect the environment; international humanitarian law and international criminal law continue to treat environmental protection largely from an anthropocentric perspective. This book is the first targeted work in the legal literature that investigates environmental challenges in the aftermath of conflict. Addressing these challenges, it brings together academics, policy-makers, and practitioners from different disciplines to clarify policies and practices of environmental protection and key normative frameworks. It draws on experiences and practices in post-conflict settings to specify substantive principles and techniques to remedy and prevent harm.
State Renaissance For Peace
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Author : Emmanuel De Groof
language : en
Publisher: Cambridge University Press
Release Date : 2020-08-27
State Renaissance For Peace written by Emmanuel De Groof 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 2020-08-27 with Law categories.
Explores how international law applies to transitional governance from a multi-actor perspective in conflict-riven countries.
International Law And Post Conflict Reconstruction Policy
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Author : Matthew Saul
language : en
Publisher: Routledge
Release Date : 2015-05-15
International Law And Post Conflict Reconstruction Policy written by Matthew Saul and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-15 with Law categories.
The trend for international engagement in post-conflict reconstruction has produced a host of best-practice postulates on topics such as local involvement in decision-making, accountability for past atrocities, sensitivity to context, and the construction of democratic institutions of governance. International law has potential relevance for many of these themes, yet the question of how the implementation of best-practice policy recommendations might be affected by international law remains under-examined. This book offers a fuller understanding of the role of international law in the practice of post-conflict reconstruction. It explores how international legal issues that arise in the post-conflict period relate to a number of strands of the policy debate, including government creation, constitution-making, gender policy, provision of security, justice for past atrocities, rule of law development, economic recovery, returning displaced persons, and responsibilities of international actors. The chapters of the book work to reveal the extent to which international law figures in the policy of internationally enabled post-conflict reconstruction across a range of sectors. They also highlight the scope for international law to be harnessed in a more effective manner from the perspective of the transition to peace and stability. The book lays out a basis for future policy making on post-conflict reconstruction; one that is informed about the international legal parameters, and more aware of how international law can be utilized to promote key objectives.
Jus Post Bellum The Rediscovery Foundations And Future Of The Law Of Transforming War Into Peace
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Author : Jens Iverson
language : en
Publisher: BRILL
Release Date : 2021-05-31
Jus Post Bellum The Rediscovery Foundations And Future Of The Law Of Transforming War Into Peace written by Jens Iverson and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-31 with Law categories.
In Jus Post Bellum, Jens Iverson provides for the first time the Just War foundations of the concept, reveals the function of jus post bellum, and integrates the law that governs the transition from armed conflict to peace.
Transitional Justice And A State S Response To Mass Atrocity
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Author : Jacopo Roberti di Sarsina
language : en
Publisher: Springer
Release Date : 2019-03-26
Transitional Justice And A State S Response To Mass Atrocity written by Jacopo Roberti di Sarsina and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-26 with Law categories.
This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution. Exploring the latest instances of interpretation and application via an analysis of state practice, the jurisprudence of treaty bodies, international courts and tribunals, soft law instruments, and doctrinal contributions, the book also addresses the complex issue of amnesty, and other transitional justice mechanisms designed to restore peace and facilitate transition traditionally included in national reconciliation programs, and criticizes the contention that amnesty is always prohibited by international law. It also considers these problems from the viewpoint of the International Criminal Court, focusing on the cases of Uganda and Colombia after the 2016 peace agreement. Lastly, the volume offers a detailed analysis of techniques that may neutralize relevant obligations under international law, such as denunciation, derogation, limitation, and the public international law defenses of force majeure and necessity. Drawing attention to the importance of a multidisciplinary and practical approach to these unsettling questions, and endorsing a pluralistic notion of accountability, the book will appeal to legal scholars and transitional justice experts as well as practitioners, human rights advocates, and government officials. Dr Jacopo Roberti di Sarsina is an International Law Expert at the Alma Mater Studiorum - University of Bologna School of Law, and a dual-qualified lawyer (Italy and New York). He completed a PhD in public international law, label Doctor Europaeus, at the School of International Studies, University of Trento, holds an LLM from NYU School of Law, and read law at the University of Bologna.
Jus Post Bellum
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Author : Carsten Stahn
language : en
Publisher: T.M.C. Asser Press
Release Date : 2008-06-26
Jus Post Bellum written by Carsten Stahn and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-26 with Law categories.
Events The Force Of International Law
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Author : Fleur Johns
language : en
Publisher: Routledge
Release Date : 2010-10-04
Events The Force Of International Law written by Fleur Johns and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-04 with Law categories.
Events: The Force of International Law presents an analysis of international law, centred upon those historical and recent events in which international law has exerted, or acquired, its force. From Spanish colonization and the Peace of Westphalia, through the release of Nelson Mandela and the Rwandan genocide, and to recent international trade negotiations and the 'torture memos', each chapter in this book focuses on a specific international legal event. Short and accessible to the non-specialist reader, these chapters consider what forces are put into play when international law is invoked, as it is so frequently today, by lawyers, laypeople, or leaders. At the same time, they also reflect on what is entailed in naming these ‘events’ of international law and how international law grapples with their disruptive potential. Engaging economic, military, cultural, political, philosophical and technical fields, Events: The Force of International Law will be of interest to international lawyers and scholars of international relations, legal history, diplomatic history, war and/or peace studies, and legal theory. It is also intended to be read and appreciated by anyone familiar with appeals to international law from the general media, and curious about the limits and possibilities occasioned, or the forces mobilised, by that appeal.