International Norms And The Resort To War
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International Norms And The Resort To War
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Author : Gregory A. Raymond
language : en
Publisher: Springer Nature
Release Date : 2020-08-27
International Norms And The Resort To War written by Gregory A. Raymond and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-27 with Political Science categories.
This book offers a fresh perspective on timeless questions concerning anarchy and order, power and principle, and public and private morality, by taking a novel approach to the study of the onset of war. Rather than looking at the distribution of wealth, military might, or other material capabilities to explain the onset of war, this book focuses instead on how international norms affect the use of military force. Critical of the realist assumption that international legal norms are unable to curb hostilities without a powerful central authority to enforce their injunctions, it contends that the normative context within which national leaders act sets the tone for world politics by communicating commonly accepted understandings about the limits of permissible action. Using quantitative analyses of the relationships between war-initiation norms and various types of armed conflict, the author calls into question realist beliefs regarding international norms, demonstrating that restrictive normative orders reduce the likelihood of war.
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.
The Morality Of War
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Author : David Todd Kinsella
language : en
Publisher:
Release Date : 2007
The Morality Of War written by David Todd Kinsella and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Philosophy categories.
?A highly useful core text for courses in the field?as well as an invaluable reference for any serious student of the ethics of war.??Albert Pierce, U.S. Naval AcademyWhen and why is war justified? How, morally speaking, should wars be fought? The Morality of War confronts these challenging questions, surveying the fundamental principles and themes of the just war tradition through the words of the philosophers, jurists, and warriors who have shaped it.The collection begins with the foundational works of just war theory, as well as those of two competing perspectives, realism and pacifism. Subsequent selections focus on issues related to the resort to war, the conduct of war, and the judgment of war crimes. Both traditional just war concerns and those that have emerged in response to contemporary developments?such as the U.S. ?war on terror??are thoroughly covered.With articles that are crucially relevant to today?s world paired with contextual introductions to each section, the reader is ideally constructed to inform and guide students as they consider the morality of past and current military actions.David Kinsella is associate professor of political science at the Hatfield School of Government, Portland State University. He is editor of International Studies Perspectives and coauthor of World Politics: The Menu for Choice. Craig L. Carr is professor of political science at the Hatfield School of Government. He is author of On Fairness and editor of The Political Writings of Samuel Pufendorf.
Ethics And The Laws Of War
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Author : Antony Lamb
language : en
Publisher: Routledge
Release Date : 2013-05-29
Ethics And The Laws Of War written by Antony Lamb and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-29 with History categories.
This book is an examination of the permissions, prohibitions and obligations found in just war theory, and the moral grounds for laws concerning war. Pronouncing an action or course of actions to be prohibited, permitted or obligatory by just war theory does not thereby establish the moral grounds of that prohibition, permission or obligation; nor does such a pronouncement have sufficient persuasive force to govern actions in the public arena. So what are the moral grounds of laws concerning war, and what ought these laws to be? Adopting the distinction between jus ad bellum and jus in bello, the author argues that rules governing conduct in war can be morally grounded in a form of rule-consequentialism of negative duties. Looking towards the public rules, the book argues for a new interpretation of existing laws, and in some cases the implementation of completely new laws. These include recognising rights of encompassing groups to necessary self-defence; recognising a duty to rescue; and considering all persons neither in uniform nor bearing arms as civilians and therefore fully immune from attack, thus ruling out ‘targeted’ or ‘named’ killings. This book will be of much interest to students of just war theory, ethics of war, international law, peace and conflict studies, and Security Studies/IR in general.
International Norms And National Policy
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Author : Frederick O. Bonkovsky
language : en
Publisher: William B. Eerdmans Publishing Company
Release Date : 1980
International Norms And National Policy written by Frederick O. Bonkovsky and has been published by William B. Eerdmans Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with International relations categories.
The Ethics Of Destruction
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Author : Ward Thomas
language : en
Publisher: Cornell University Press
Release Date : 2001
The Ethics Of Destruction written by Ward Thomas and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
Contrary to Carl von Clausewitz, who called the principle of moderation applied to a theory of war a "logical absurdity," Thomas (a teacher of ethics and international relations at Johns Hopkins and Holy Cross) maintains that "moral principles are fundamentally important to understanding norms governing the use of force, although they are seldom applied in their unadulterated form." Thomas examines norms' effects on the international community, the norm against assassination of leaders (in lieu of which armies are summoned to kill each other), and the norm against the aerial bombing of noncombatants. Thomas argues, for example, that the latter norm was violated when the U.S. bombed the Iraqi Al Firdos bunker, probably or hopefully unaware the attack was killing 200 civilians. The mistake resulted in a cessation of strikes on Baghdad for 5 days, none against leaders for ten days, and a review of all future targets by Schwarzkopf and Powell, even when, says Thomas, "it is doubtful that the action constituted a violation of international law." c. Book News Inc.
War In International Society
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Author : Lacy Pejcinovic
language : en
Publisher: Routledge
Release Date : 2013-04-12
War In International Society written by Lacy Pejcinovic and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-12 with Political Science categories.
Is war an institution of international society and how is it constituted as such across the evolution of international society? This book is an inquiry into the purpose of war as a social institution, as originally put forward by Hedley Bull. It offers a comprehensive examination of what is entailed in thinking of war as a social institution and as a mechanism for order. Since the terrorist attacks of 9/11 the subject of war has become increasingly relevant, with questions about who can wage war against whom, the way war is fought, and the reasons that lead us to war exposing fundamental inadequacies in our theorisation of war. War has long been considered in the discipline of International Relations in the context of the problem of order. However, the inclusion of war as an ‘institution’ is problematic for many. How can we understand an idea and practice so often associated with coercion, destruction, and disorder as contributing to order and coexistence? This study contends that an understanding of the core elements that establish the character of war as an institution of modern international society will give us important insights into the purpose, if any, of war in contemporary international relations. This ground-breaking book will be of strong interest to students and scholars of international relations, international relations theory, the English school, security studies and warfare.
Non Combatant Immunity As A Norm Of International Humanitarian Law
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Author : Judith Gail Gardam
language : en
Publisher: BRILL
Release Date : 2023-11-27
Non Combatant Immunity As A Norm Of International Humanitarian Law written by Judith Gail Gardam and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-27 with Law categories.
Despite the advances made by the international community to outlaw the resort to force by the United Nations Charter, armed conflicts both international and non-international are a fact of every day life. The civilian casualties from such conflicts have assumed catastrophic proportions. Little attention, however, has been paid by scholars to the treatment of noncombatants in armed conflict and the place in international law of the principle fundamental to the law of armed conflict: noncombatant immunity. This work aims to remedy this omission. The author analyses in detail the content of the customary and conventional rules that give effect to this principle, in both international and non-international armed conflict. The importance of such a study is highlighted by the recent Gulf conflict where so many of the States were not bound by the most recent treaty rules protecting noncombatants.
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.
Changing Arms Control Norms In International Society
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Author : Kenki Adachi
language : en
Publisher: Routledge
Release Date : 2021-04-29
Changing Arms Control Norms In International Society written by Kenki Adachi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-29 with Political Science categories.
When states’ survival is at stake, do states behave according to norms, do states refrain from using certain weapons based on norms against their use? Adachi presents a comprehensive analytical framework for analysing norm dynamics, incorporating the existing literature, while expanding the norm life cycle model to address contestation of, resistance to diffusion of, and disappearance of norms. He also examines the changing nature of international society, and how the evolving characteristics of this society change how norms are shared. His focus is on norms relating to the use and non-use of weapons, with examples of how norms developed in different places and at different times with regard to particular types of weapons. From the banning of gun use in Japan under Bushido, to international bans on chemical weapons and the foundation of norms on nuclear weapons, he looks not only at how such norms come about, but how they can become contested or disappear. A valuable contribution to the literature on norms in International Relations, this volume will be of particular interest to scholars and students with an interest in the control of arms.