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The Changing Rules On The Use Of Force In International Law


The Changing Rules On The Use Of Force In International Law
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Regulating The Use Of Force In International Law


Regulating The Use Of Force In International Law
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Author : Russell Buchan
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-06-25

Regulating The Use Of Force In International Law written by Russell Buchan 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 2021-06-25 with Law categories.


This book provides a comprehensive and detailed analysis of the nature, content and scope of the rules regulating the use of force in international law as they are contained in the United Nations Charter, customary international law and international jurisprudence. It examines these rules as they apply to developing and challenging circumstances such as the emergence of non-State actors, security risks, new technologies and moral considerations.



The Changing Rules On The Use Of Force In International Law


The Changing Rules On The Use Of Force In International Law
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Author : Tarcisio Gazzini
language : en
Publisher: Manchester University Press
Release Date : 2005

The Changing Rules On The Use Of Force In International Law written by Tarcisio Gazzini and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.


The changing rules on the use of force in international law considers the main legal issues concerning the use of force by international organisations and states. It assesses the achievements and failures of the United Nations' collective security system, and discusses the prospects ahead. It also deals with the use of force by states in self-defence and on other legal grounds. The book discusses to what extent the rules on the use of force have evolved since the end of the Cold War in order to meet the needs of the international community. It focuses in particular on the military operations directed against terrorism and weapons of mass destruction. The research is developed from the standpoint of the sources of international law. It rejects a static vision of the rules on the use of force, including those enshrined in the UN Charter. Rather, it highlights the interaction between conventional and customary international law and the exposure of both sources to state practice.



War Law


War Law
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Author : Michael Byers
language : en
Publisher: Open Road + Grove/Atlantic
Release Date : 2007-12-01

War Law written by Michael Byers and has been published by Open Road + Grove/Atlantic this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-01 with Law categories.


“Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law.” —Chris Patten, Chancellor of Oxford University International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky



Police Use Of Force Under International Law


Police Use Of Force Under International Law
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Author : Stuart Casey-Maslen
language : en
Publisher: Cambridge University Press
Release Date : 2017-08-10

Police Use Of Force Under International Law 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 2017-08-10 with Law categories.


The first detailed description of when and how the police may use force under the international law of law enforcement.



Threats Of Force


Threats Of Force
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Author : Francis Grimal
language : en
Publisher: Routledge
Release Date : 2013

Threats Of Force written by Francis Grimal and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.


Adopting an interdisciplinary approach and drawing on the works of strategic literature and international relations theory, this book examines the theoretical nature behind a threat of force in order to inform and explain why and how the normative structure operates in the way it does. The core of the book addresses whether Article 2(4) is adequately suited to the current international climate and, if not, whether an alternative means of rethinking Article 2(4) would provide a better solution.



Tallinn Manual 2 0 On The International Law Applicable To Cyber Operations


Tallinn Manual 2 0 On The International Law Applicable To Cyber Operations
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Author : Michael N. Schmitt
language : en
Publisher: Cambridge University Press
Release Date : 2017-02-02

Tallinn Manual 2 0 On The International Law Applicable To Cyber Operations written by Michael N. Schmitt 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 2017-02-02 with Law categories.


The new edition of the highly influential Tallinn Manual, which outlines public international law as it applies to cyber operations.



Customary International Law In Times Of Fundamental Change


Customary International Law In Times Of Fundamental Change
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Author : Michael P. Scharf
language : en
Publisher: Cambridge University Press
Release Date : 2013-05-31

Customary International Law In Times Of Fundamental Change written by Michael P. Scharf 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 2013-05-31 with Law categories.


This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.



The Handbook Of The Law Of Visiting Forces


The Handbook Of The Law Of Visiting Forces
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Author : Dieter Fleck
language : en
Publisher: OUP Oxford
Release Date : 2001

The Handbook Of The Law Of Visiting Forces written by Dieter Fleck and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with History categories.


This handbook elaborates clear status provisions for military and civilian personnel of foreign armed forces in a receiving state. It provides an up-to-date commentary on applicable status law provisions.



The Law Against War


The Law Against War
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Author : Olivier Corten
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-10-18

The Law Against War written by Olivier Corten and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-18 with Law categories.


The Law against War is a translated and updated version of a book published in 2008 in French (Le droit contre la guerre, Pedone). The aim of this book is to study the prohibition of the use of armed force in contemporary positive international law. Some commentators claim that the field has undergone substantial changes arising especially since the end of the Cold War in the 1990s. More specifically, several scholars consider that the prohibition laid down as a principle in the United Nations Charter of 1945 should be relaxed in the present-day context of international relations, a change that would seem to be reflected in the emergence of ideas such as 'humanitarian intervention', 'preventive war' or in the possibility of presuming Security Council authorisation under certain exceptional circumstances. The argument in this book is that while marked changes have been observed, above all since the 1990s, the legal regime laid down by the Charter remains founded on a genuine jus contra bellum and not on the jus ad bellum that characterised earlier periods. 'The law against war', as in the title of this book, is a literal rendering of the familiar Latin expression and at the same time it conveys the spirit of a rule that remains, without a doubt, one of the cornerstones of public international law. From the Foreword by Bruno Simma 'Corten's book is weighty not just by its size, but above all through the depth and comprehensiveness with which it analyzes the entirety of what the author calls the law against war, the jus contra bellum... Corten tackles his immense task with a combination of methodical rigour, applying modern positivism and abstaining from constructions of a lex ferenda, and great sensibility for the political context and the ensuing possibilities and limitations of the legal regulation of force.'



International Law And The Use Of Force


International Law And The Use Of Force
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Author : Christine Gray
language : en
Publisher: OUP Oxford
Release Date : 2008-07-17

International Law And The Use Of Force written by Christine Gray and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-07-17 with Law categories.


This book explores the whole of the large and controversial subject of the use of force in international law; it examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the growing importance of regional organizations in the maintenance of international peace and security. Since the publication of the second edition of International Law and the Use of Force the law in this area has continued to undergo a fundamental reappraisal. Operation Enduring Freedom carries on against Al Qaida and the Taliban in Afghanistan six years after the terrorist attacks of 11 September 2001. Can this still be justified as self-defence in the 'war on terror'? Is there now a wide right of pre-emptive self-defence against armed attacks by non-state actors? The 2006 Israel/Lebanon conflict and the recent intervention of Ethiopia in Somalia raise questions about whether the 'war on terror' has brought major changes in the law on self-defence and on regime change. The 2003 invasion of Iraq gave rise to serious divisions between states as to the legality of this use of force and to talk of a crisis of collective security for the UN. In response the UN initiated major reports on the future of the Charter system; these rejected amendment of the Charter provisions on the use of force. They also rejected any right of pre-emptive self-defence. They advocated a 'responsibility to protect' in cases of genocide or massive violations of human rights; the events in Darfur show the practical difficulties with the implementation of such a duty.