Proportionality And The Rule Of Law
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Proportionality And The Rule Of Law
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Author : Associate Professor Faculty of Law Grant Huscroft
language : en
Publisher:
Release Date : 2014-05-28
Proportionality And The Rule Of Law written by Associate Professor Faculty of Law Grant Huscroft and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-28 with LAW categories.
"To speak of human rights is to speak of proportionality. It is no exaggeration to claim that proportionality has overtaken rights as the orienting idea in contemporary human rights law and scholarship. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, and South Africa, as well as the jurisprudence of treaty-based legal systems like the European Court of Human Rights, giving rise to claims of a global model, a received approach, or, simply, the best-practice standard of rights adjudication. Even in the United States, which is widely understood to have formally rejected proportionality, some argue that the various levels of scrutiny adopted by the US Supreme Court are analogous to the standard questions posed by proportionality. As proportionality scholars are well aware, some of the early literature on balancing and rights is American, with special reference to the First Amendment. Notwithstanding proportionality's popularity, there is no consensus on its methodology. Much less does the use of a proportionality doctrine guarantee consensus on substantive rights questions. What the principle of proportionality promises is a common analytical framework, a framework the significance of which is not in its ubiquity (a mere fact), but because its structure influences (some would say controls) how courts reason to conclusions in many of the great moral and political questions confronting political communities. As a framework, proportionality analysis is superficially straightforward, setting out four questions in evaluating whether the limitation of a right is justifiable. A serviceable - but by no means canonical"--
International Law And Policy On The Protection Of Civilians
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Author : Stuart Casey-Maslen
language : en
Publisher: Cambridge University Press
Release Date : 2022-08-25
International Law And Policy On The Protection Of Civilians written by Stuart Casey-Maslen 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 2022-08-25 with Law categories.
The first comprehensive treatment of international law and policy on the protection of civilians in armed conflict.
International Human Rights And Humanitarian Law
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Author : Francisco Forrest Martin
language : en
Publisher: Cambridge University Press
Release Date : 2006-01-16
International Human Rights And Humanitarian Law written by Francisco Forrest Martin 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 2006-01-16 with Political Science categories.
International Human Rights and Humanitarian Law: Treaties, Cases, and Analysis introduces the reader to the international legal instruments and case law governing the substantive and procedural dimensions of international human rights and humanitarian law, including economic, social, and cultural rights. The book, which was originally published in 2006, also discusses the history and organisational structure of human rights and humanitarian law enforcement mechanisms. A chapter is devoted a chapter to the issues surrounding the incorporation of international law into U.S. law, including principles of constitutional and statutory interpretation, conflict rules, and the self-execution doctrine. Questions and comments sections provide critical analyses of issues raised in the materials. The last chapter addresses theoretical issues facing contemporary international human rights and humanitarian law and its enforcement.
Law And Morality At War
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Author : Adil Ahmad Haque
language : en
Publisher: Oxford University Press
Release Date : 2017-01-19
Law And Morality At War written by Adil Ahmad Haque 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 2017-01-19 with Law categories.
The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does 'collateral damage' to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view.
Making And Shaping The Law Of Armed Conflict
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Author : Sandesh Sivakumaran
language : en
Publisher: Oxford University Press
Release Date : 2024
Making And Shaping The Law Of 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 2024 with Law categories.
This volume in the Lieber Studies series explores how the law of armed conflict is made and shaped. It examines the fundamental materials of the law of armed conflict, key actors and influences, the spaces where the law is made, as well as questions of unmaking.
International Legal Theory
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Author : Nicholas Onuf
language : en
Publisher: Routledge
Release Date : 2009-05-07
International Legal Theory written by Nicholas Onuf and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-07 with Law categories.
Nicholas Onuf’s International Legal Theory: Essays and Engagements 1966-2007 is a collection of the author’s articles and book reviews from the period, including some previously unpublished material. The book records the author’s efforts to address important problems in international legal theory and to engage other scholars who were also addressing these problems. As well as demonstrating Onuf’s own constructivist contribution to the theoretical dimension of international law and international relations, each piece is preceded by a short introduction which highlights the wider themes and developments which have occurred in the field of international law in the last forty years.
The Law In War
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Author : Geoffrey S. Corn
language : en
Publisher: Taylor & Francis
Release Date : 2023-03-29
The Law In War written by Geoffrey S. Corn and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-29 with Law categories.
The Law in War offers an insightful roadmap to understanding a broad range of operational, humanitarian, and accountability issues that arise during armed conflict. Each chapter provides a clear and comprehensive explanation of the impact that international law has on military operations. The second edition has been fully revised to reflect recent advances in international humanitarian law and expands the analysis to include as a brand-new chapter on international human rights law, which addresses issues such as the conduct of law enforcement during hostilities. The revusions are particularly focused on updates concerning the status of combatants and unprivileged belligerents, the protection of civilians, targeting, the treatment of POWs and detainees, weapons law, air and missile warfare, naval warfare and neutrality, command responsibility, and accountability. New material has also been added to address the increasing involvement of private security contractors in warfare. The Law in War is an ideal text for students in a variety of domains, to include international humanitarian law, international human rights law, international relations, and military science. It is also a valuable resource for those involved in the planning, execution, and critique of military operations across the spectrum of conflict.
The Right Of Individual Self Defense In Public International Law
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Author : Jan Kittrich
language : en
Publisher: Logos Verlag Berlin GmbH
Release Date : 2008
The Right Of Individual Self Defense In Public International Law written by Jan Kittrich and has been published by Logos Verlag Berlin GmbH this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
The book examines in detail one of the most controversial topic in current international law, namely the scope and extent of the right of individual self-defense. The book carefully traces the paths which have been followed in the developing legal debate on self-defense. The author uses numerous case-studies of incidents involving the use of force in alleged self-defense (such as the Entebbe Incident 1976, the Nicaragua Case 1986 or the Israeli-Lebanese conflict of 2006) which have formed the central point of scholarly debate. The author's conclusions are based not only on thorough analysis of academic discussions but also of the practice of States and international bodies, especially of the United Nations Organization. At the outset of the book the author reviews the historical context and the customary evolution of the right of self-defense. Reference is made to the famous Caroline Case of 1837, which set the necessary conditions of lawful exercise of self-defense. Next, the author examines the concept and legal nature of self-defense, carefully assessing the customary conditions of necessity, proportionality and immediacy derived from the Caroline Case. As the occurrence of an "armed attack" is a conditio sine qua non of lawful invocation of self-defense, several modalities of an armed attack are attentively evaluated such as its constituent elements, beginning or scale. The author explores, whether reactions to acts of international terrorism committed by a non-State may be based on the right of self-defense. In times of global terrorist networks it is highly desirable to attach special attention to use of force in self-defense as a remedy against serious acts of terrorism. Thorough analysis of State practice is shown on several examples from recent history - the U.S. air raid on Libya in 1986 and on Baghdad in 1993 and relatively recent air strikes on Sudan and Afghanistan in 1998. Reference is also made to the most striking example - the Al-Qaeda attack on the United States in 2001. The validity of claims of anticipatory/preventive self-defense is examined on a theoretical level and then applied to the specific details of the Israeli air strike on the Osiraq Nuclear Reactor in 1981. The two main approaches to preventive self-defense - "restrictive" and "traditional" - are then discussed in detail. Brief analysis is also devoted to the nature of the so-called - pre-emptive - self-defense indicating its current position under international law.
The United States Department Of Defense Law Of War Manual
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Author : Michael A. Newton
language : en
Publisher: Cambridge University Press
Release Date : 2018
The United States Department Of Defense Law Of War Manual written by Michael A. Newton 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 2018 with Biography & Autobiography categories.
Provides detailed assessments of law applicable to the most difficult problems encountered during modern armed conflicts and coalitions.
The European Court Of Justice
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Author : Gráinne De Búrca
language : en
Publisher:
Release Date : 2001
The European Court Of Justice written by Gráinne De Búrca and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
This collection of essays aims to look afresh at an institution which, although already the subject of numerous academic analyses and extensive legal research, remains of central importance to all who are interested in the development of European Union law and policy. Various contributions seek to develop particular avenues of analysis which, despite the significant increase in the range and volume of literature on the Court of Justice, have not yet been very fully explored. They include a legal-philosophical account of the ECJ's reasoning, a sociological analysis of patterns of litigation before the Court, and an investigation of the impact and presence of gender in the Court's work and on its institutional position. Other contributions look anew at the more topical and sometimes controversial subject of the relationship between national courts and the Court of Justice, both under the preliminary reference procedure and in other contexts, and a final essay considers the likely effect on the Court of Justice and the Court of First Instance of the reforms to the judicial structure proposed during the Nice Intergovernmental Conference.