Recognition Of Belligerency And The Law Of Armed Conflict
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Recognition Of Belligerency And The Law Of Armed Conflict
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Author : Robert McLaughlin
language : en
Publisher: Oxford University Press
Release Date : 2020-01-31
Recognition Of Belligerency And The Law Of Armed Conflict written by Robert McLaughlin 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 2020-01-31 with Law categories.
Prior to the progressive development of the law of armed conflict heralded by the 1949 Geneva Conventions most particularly in relation to the concepts of international and non-international armed conflict-the customary doctrine on recognition of belligerency functioned for almost 200 years as the definitive legal scheme for differentiating internal conflict from "civil wars", in which the law of war as applicable between states applied de jure. Employing a legal historical approach, this book describes the thematic and practical fundamentals of the doctrine, and analyzes some of the more significant challenges to its application. In doing so, it assesses whether, how, and why the doctrine on recognition of belligerency was considered "fit for purpose," and seeks to inform debate as to its continuity and utility within the modern scheme of the law of armed conflict.
Recognition Of Belligerency And The Law Of Armed Conflict
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Author : Robert McLaughlin
language : en
Publisher: Oxford University Press
Release Date : 2020-01-31
Recognition Of Belligerency And The Law Of Armed Conflict written by Robert McLaughlin 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 2020-01-31 with Law categories.
Prior to the progressive development of the law of armed conflict heralded by the 1949 Geneva Conventions — most particularly in relation to the concepts of international and non-international armed conflict-the customary doctrine on recognition of belligerency functioned for almost 200 years as the definitive legal scheme for differentiating internal conflict from "civil wars", in which the law of war as applicable between states applied de jure. Employing a legal historical approach, this book describes the thematic and practical fundamentals of the doctrine, and analyzes some of the more significant challenges to its application. In doing so, it assesses whether, how, and why the doctrine on recognition of belligerency was considered "fit for purpose," and seeks to inform debate as to its continuity and utility within the modern scheme of the law of armed conflict.
Armed Conflict And International Law In Search Of The Human Face
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Author : Mariëlle Matthee
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-06-26
Armed Conflict And International Law In Search Of The Human Face written by Mariëlle Matthee 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 2013-06-26 with Law categories.
This book is written in memory of Avril McDonald, who passed away in April 2010. Avril was an inspired and passionate scholar in the fields of international humanitarian law, international criminal law, human rights law and law in the field of arms control and disarmament. What in particular made Avril’s work special, was her strong commitment with the human aspects throughout. Fourteen scholars and practitioners have contributed to this liber amicorum, which has led to a rich variety of topics within the disciplines of Avril’s expertise. They all have in common that they deal with the human perspectives of the discipline of law at hand. They concentrate on the impact of the developments in international law on humans, whether they are civilians, victims of war or soldiers. This human perspective of law makes this book an appropriate tribute to Avril McDonald and at the same time a unique and valuable contribution to international legal research in the present society. A society that becomes more and more characterized by detailed legal systems, defined by institutions that may frequently lack sufficient contact with the people concerned.
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 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.
This volume collects articles on the law of armed conflict and the use of force from the Max Planck Encyclopedia of Public International Law, to facilitate easy access to content from the leading reference work in international law.
Public International Law
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Author : John M. B. Balouziyeh
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2025-03-17
Public International Law written by John M. B. Balouziyeh and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-03-17 with Law categories.
Public International Law Conventions, Cases and Commentary John M. B. Balouziyeh Around the world, on any given day, international legal disputes, transnational conflicts, tensions at sea, trade negotiations and boundary disputes pose a range of questions under international law. In the current global economy, international law can no longer be the exclusive domain of lawyers. Corporate directors, international civil servants, foreign investment specialists, human rights advocates—even soldiers and military contractors—all demand some knowledge of international law. This is especially true for the hot-button topics of international law that impact not only states but also multinational corporations, international organizations, NGOs and individuals. These topics include the laws of war, corporate accountability for international crimes, trade and investment, environmental law, human rights, climate change, refugee and asylum issues and arms control. Given the ever-increasing likelihood that legal practitioners will encounter an actual or potential application of international law, a thorough guide to international law such as this volume is an essential component of every lawyer’s library. This exhaustive and meticulously researched book addresses the very foundations of the law and the role public international law institutions may play in resolving many of the world’s disputes, conflicts and crises. In a clear and systematic manner, this timely volume lays out the basic rights and responsibilities of states, corporate actors and individuals within the international arena. Descriptions and analyses of public international law topics, including the following, are presented: state sovereignty and the legality of the use of force; international environmental law; nuclear non-proliferation; sanctions and international trade law; maritime disputes and the law of the sea; international humanitarian law; arms control and trade in armaments; the law applicable in occupied and disputed territories; status of refugees and asylum seekers; and state responsibility for internationally wrongful acts. While this book will most naturally be of interest to international lawyers, its clear, comprehensive and easily accessible contents will also be useful to a wide range of other audiences, including diplomats and policymakers whose activities depend on an understanding of public international law and its associated institutions. “This solidly researched and clearly written exposition of international law is one that I commend to lawyers, diplomats, investors, international arbitrators and any other person who seeks to understand interstate relations through the lens of international law.” – Diego García-Sayán, UN Special Rapporteur on the independence of judges and lawyers; Minister of Foreign Affairs (ret.), Peru “John Balouziyeh’s immersion in and exposure to legal systems in multiple areas of the world have given him a truly international vision of the importance of international law. The years-long development of this book is a testament to his genuine dedication to the rules-based system of international law and his desire for it to be understood and respected.” – Charles Buderi, Chair, Public International Law, Curtis, Mallet-Prevost, Colt & Mosle LLP
The Concept Of Non International Armed Conflict In International Humanitarian Law
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Author : Anthony Cullen
language : en
Publisher: Cambridge University Press
Release Date : 2010-04-08
The Concept Of Non International Armed Conflict In International Humanitarian Law written by Anthony Cullen 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 2010-04-08 with Law categories.
Anthony Cullen advances an argument for a particular approach to the interpretation of non-international armed conflict in international humanitarian law. The first part examines the origins of the 'armed conflict' concept and its development as the lower threshold for the application of international humanitarian law. Here the meaning of the term is traced from its use in the Hague Regulations of 1899 until the present day. The second part focuses on a number of contemporary developments which have affected the scope of non-international armed conflict. The case law of the International Criminal Tribunals for the former Yugoslavia has been especially influential and the definition of non-international armed conflict provided by this institution is examined in detail. It is argued that this concept represents the most authoritative definition of the threshold and that, despite differences in interpretation, there exist reasons to interpret an identical threshold of application in the Rome Statute.
The Law Of Internal Armed Conflict
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Author : Lindsay Moir
language : en
Publisher: Cambridge University Press
Release Date : 2002-01-03
The Law Of Internal Armed Conflict written by Lindsay Moir 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 2002-01-03 with Law categories.
Laws regulating armed conflict have existed for centuries, but the bulk of these provisions have been concerned with wars between states. Relatively little attention has been paid to the enormously important area of internal armed conflict. At a time when international armed conflicts are vastly outnumbered by domestic disputes, this book seeks to redress the balance through a comprehensive analysis of those rules which exist in international law to protect civilians during internal armed conflict. From regulations in the nineteenth and early twentieth centuries according to the doctrine of recognition of belligerency, this book traces the subsequent development of international law by the Geneva Conventions and their additional Protocols, as well as through the more recent jurisprudence of the Yugoslav and Rwandan tribunals. The book also considers the application of human rights law during internal armed conflict, before assessing how effectively the applicable law is, and can be, enforced.
Armed Non State Actors In International Humanitarian And Human Rights Law
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Author : Konstantinos Mastorodimos
language : en
Publisher: Taylor & Francis
Release Date : 2017-05-15
Armed Non State Actors In International Humanitarian And Human Rights Law written by Konstantinos Mastorodimos and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-15 with Law categories.
The accountability of armed non-state actors is a neglected field of international law, overtaken by the regimes of state responsibility and individual criminal accountability as well as fears of legitimacy. Yet armed non-state actors are important players in the international arena and their activities have significant repercussions. This book focuses on their obligations and accountability when they do not function as state agents, regardless of the existence or extent of accountability of their individual members. The author claims that their distinct features lead to their classification into three different types: de facto entities, armed non-state actors in control of territory, and common article 3 armed non-state actors. The mechanisms that trigger the applicability of humanitarian and human rights law regimes are examined in detail as well as the framework of obligations. In both cases, the author argues that armed non-state actors should not be treated as entering international law and process exclusively through the state. The study concludes by focussing on their accountability in international humanitarian and human rights law and, more specifically, to the rules of attribution, remedies and reparations for violations of their primary obligations.
Non International Armed Conflicts In International Law
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Author : Yoram Dinstein
language : en
Publisher: Cambridge University Press
Release Date : 2021-03-25
Non International Armed Conflicts In International Law written by Yoram Dinstein 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 2021-03-25 with Law categories.
Analyses the legal implications of non-international armed conflicts at a time when their number is constantly growing.