Law Making And Legitimacy In International Humanitarian Law
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Law Making And Legitimacy In International Humanitarian Law
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Author : Püschmann, Jonas
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-10-19
Law Making And Legitimacy In International Humanitarian Law written by Püschmann, Jonas and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-19 with Political Science categories.
International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.
Customary International Humanitarian Law
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Author : Jean-Marie Henckaerts
language : en
Publisher: Cambridge University Press
Release Date : 2005
Customary International Humanitarian Law written by Jean-Marie Henckaerts 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 2005 with Customary law categories.
"Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts."--
Legitimacy In International Law
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Author : Rüdiger Wolfrum
language : en
Publisher: Springer Science & Business Media
Release Date : 2008-02-26
Legitimacy In International Law written by Rüdiger Wolfrum 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 2008-02-26 with Law categories.
In recent years the question of the legitimacy of international law has been discussed quite intensively. Such questions are, for example, whether international law lacks legitimacy in general; whether international law or a part of it has yielded to the facts of power; whether adherence to international legal commitments should be subordinated to self-defined national interests; whether international law or particular rules of it – such as the prohibition of the use of armed force – have lost their ability to induce compliance (compliance pull); and what is the relevance of non-enforcement or failure to obey for the legitimacy of that particular international norm? This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law.
Compliant Rebels
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Author : Hyeran Jo
language : en
Publisher: Cambridge University Press
Release Date : 2015-08-21
Compliant Rebels written by Hyeran Jo 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 2015-08-21 with History categories.
This book analyzes civil wars over the past twenty years and examines what motivates some rebel groups to abide by international law.
The Persistence Of Reciprocity In International Humanitarian Law
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Author : Bryan Peeler
language : en
Publisher: Cambridge University Press
Release Date : 2019-10-24
The Persistence Of Reciprocity In International Humanitarian Law written by Bryan Peeler 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 2019-10-24 with Law categories.
An evaluation of the importance of reciprocity in considering states' legal obligations in armed conflicts.
Intervention In Civil Wars
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Author : Chiara Redaelli
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-25
Intervention In Civil Wars written by Chiara Redaelli and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-25 with Law categories.
This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.
Legitimacy Justice And Public International Law
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Author : Lukas H. Meyer
language : en
Publisher: Cambridge University Press
Release Date : 2009-11-12
Legitimacy Justice And Public International Law written by Lukas H. Meyer 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 2009-11-12 with Law categories.
"Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006"--Page ix.
Identification Of Customary International Law
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Author : Michael Wood
language : en
Publisher: Oxford University Press
Release Date : 2024-10-29
Identification Of Customary International Law written by Michael Wood 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 2024-10-29 with Law categories.
Customary international law remains a central source of international law and the core of the international legal system. It continues to draw the attention of lawyers, especially at a time marked by the great expansion of international law and its increasing application in domestic and international courts. Determining whether an applicable rule of customary international law exists is therefore of great practical concern - but this important legal task is not always simple or straightforward. This book serves as guidance to those seeking to determine the existence of rules of customary international law and their content. It elaborates on the methodology for the identification of rules of customary international law and examines a host of questions concerning the process and evidence at issue. It does so by complementing the authoritative work of the UN International Law Commission on this topic, and by drawing upon a wealth of additional practice and writings. Identification of Customary International Law provides an overview of the Commission's work and expands on it by addressing the nature and history of custom as a source of international law, inquiring into each of the two constituent elements of customary international law (namely, a general practice and opinio juris), explaining the value and limits of certain forms of evidence, and throwing further light on such issues as the persistent objector rule and particular customary international law. Practitioners and scholars alike will find this detailed treatment useful in seeking to determine the existence and content of any customary rule and in ensuring that arguments about customary international law are persuasive.
The Many Paths Of Change In International Law
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Author : Nico Krisch
language : en
Publisher: Oxford University Press
Release Date : 2024-01-22
The Many Paths Of Change In International Law written by Nico Krisch 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 2024-01-22 with Law categories.
How does international law change? How does it adapt to meet global challenges in a volatile social and political context? The Many Paths of Change in International Law offers fresh, theoretically informed, and empirically rich answers to these questions. It traces drivers, conditions, and consequences of change across the different fields of international law and paints a complex and varied picture very much in contrast with the relatively static imagery prevalent in many accounts today. Drawing on inspirations from international law, international relations, sociology, and legal theory, this book explores how international law changes through means other than treaty-making. Highlighting the social dynamics through which different areas and institutional contexts have generated their own pathways, it presents a theoretical framework for tracing change processes and the conditions that affect their success. Based on this framework, each contribution illuminates the paths of change we observe in contemporary international law. The explorations centre on strategies, forms, forces, and social contexts and draw on primary source material and in-depth case studies. Overall, the volume offers a fascinating account of an international legal order in flux-with a dynamic not captured through traditional doctrinal lenses-and helps situate change processes and their varied implications in international law and politics. A relevant book for everyone wanting to understand change and its consequences in international law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.