International Law and the Use of Force

Beyond the U.N. Charter Paradigm

Author: Anthony Clark Arend,Robert J. Beck

Publisher: Routledge

ISBN: 1136143726

Category: Political Science

Page: 288

View: 688

When the United Nations Charter was adopted in 1945, states established a legal `paradigm' for regulating the recourse to armed force. In the years since then, however, significant developments have challenged the paradigm's validity, causing a `pardigmatic shift'. International Law and the Use of Force traces this shift and explores its implications for contemporary international law and practice.
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International Law and the Use of Force

Beyond the U.N. Charter Paradigm

Author: Anthony Clark Arend,Robert J. Beck

Publisher: Routledge

ISBN: 1136143645

Category: Political Science

Page: 288

View: 8419

When the United Nations Charter was adopted in 1945, states established a legal `paradigm' for regulating the recourse to armed force. In the years since then, however, significant developments have challenged the paradigm's validity, causing a `pardigmatic shift'. International Law and the Use of Force traces this shift and explores its implications for contemporary international law and practice.
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International Law and the Use of Force

Beyond the UN Charter Paradigm

Author: Anthony C. Arend,Robert J. Beck

Publisher: Psychology Press

ISBN: 9780415093040

Category: Law

Page: 272

View: 8441

When the United Nations Charter was adopted in 1945, states established a legal `paradigm' for regulating the recourse to armed force. In the years since then, however, significant developments have challenged the paradigm's validity, causing a `pardigmatic shift'. International Law and the Use of Force traces this shift and explores its implications for contemporary international law and practice.
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International Law and the Use of Force

Author: Christine Gray

Publisher: Oxford University Press

ISBN: 0198808410

Category: Law

Page: 480

View: 6379

This book explores 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 increasing role of regional organizations in the maintenance of international peace and security. The UN Charter framework is under challenge. Russia's invasion of Georgia and intervention in Ukraine, the USA's military operations in Syria, and Saudi Arabia's campaign to restore the government of Yemen by force all raise questions about the law on intervention. The 'war on terror' that began after the 9/11 terrorist attacks on the USA has not been won. It has spread far beyond Afghanistan: it has led to targeted killings in Pakistan, Somalia, and Yemen, and to intervention against ISIS in Iraq and Syria. Is there an expanding right of self-defence against non-state actors? Is the use of force effective? The development of nuclear weapons by North Korea has reignited discussion about the legality of pre-emptive self-defence. The NATO-led operation in Libya increased hopes for the implementation of 'responsibility to protect', but it also provoked criticism for exceeding the Security Council's authorization of force because its outcome was regime change. UN peacekeeping faces new challenges, especially with regard to the protection of civilians, and UN forces have been given revolutionary mandates in several African states. But the 2015 report Uniting Our Strengths reaffirmed that UN peacekeeping is not suited to counter-terrorism or enforcement operations; the UN should turn to regional organizations such as the African Union as first responders in situations of ongoing armed conflict.
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International law and the rise of nations

the state system and the challenge of ethnic groups

Author: Robert J. Beck,Thomas Ambrosio

Publisher: CQ Press

ISBN: N.A

Category: Law

Page: 364

View: 3494

Among the Significant consequences of the Cold War's end have been the rise of nations and the challenges that these nations present for global order and international law. Taking a unique approach to explore this phenomenon, Beck and Ambrosio consider three principal themes: the emergence of nations, the international legal challenges that such nations pose, and international legal efforts to accommodate nations within the global state system. Seminal works by celebrated scholars and new contributions are featured alongside focus essays and bibliographies to place the selected readings in context. Students of international law, political science, and ethnic studies will find this book valuable for its focus on an overlooked but important subject. Book jacket.
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The Conduct of Hostilities under the Law of International Armed Conflict

Author: Yoram Dinstein

Publisher: Cambridge University Press

ISBN: 1316453820

Category: Law

Page: N.A

View: 6019

Written by the leading commentator on the subject, this is the seminal textbook on the law of international armed conflict. Focusing on recent issues arising in the course of hostilities between States, it explores the dividing line between lawful and unlawful combatants, the meaning of war crimes and command responsibility, the range of prohibited weapons, the distinction between combatants and civilians, the parameters of targeting and proportionality, the loss of protection from attack (including 'direct participation in hostilities') and special protection (granted, pre-eminently, to the environment and to cultural property). In a completely revised and updated text, the author expertly covers the key principles and includes important new issues, including the use of autonomous weapons and the complexities of urban warfare. The subtleties and nuances of the international law of armed conflict are made accessible to the student and practitioner alike, whilst retaining the academic rigour of previous editions.
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Battling Terrorism

Legal Perspectives on the use of Force and the War on Terror

Author: Dr Jackson Nyamuya Maogoto

Publisher: Ashgate Publishing, Ltd.

ISBN: 140949313X

Category: Political Science

Page: 218

View: 8448

The attacks of September 11, 2001, the US response and the international community's approval of the subsequent military action represent a new paradigm in the international law relating to the use of force. Previously, acts of terrorism were seen as criminal acts carried out by private, non-governmental entities. In contrast, the September 11 attacks were regarded as an act of war which marked a turning point in international relations and law. This exceptional and timely volume examines the use of force in the war against terror. The work is based on the central theme that the use of force is visibly enrolled in a process of change and it evaluates this within the framework of the uncertainty and indeterminacy of the UN Charter regime. The status of pre-emptive self-defence in international law and how it applies to US policy towards rogue states is examined along with the use of military force, including regime change, as an acceptable trend in the fight against state-sponsored terrorism.
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The Oxford Handbook of the Responsibility to Protect

Author: Alex Bellamy,Tim Dunne

Publisher: Oxford University Press

ISBN: 0191068365

Category: Political Science

Page: 920

View: 6481

The Responsibility to Protect (R2P) is intended to provide an effective framework for responding to crimes of genocide, ethnic cleansing, war crimes, and crimes against humanity. It is a response to the many conscious-shocking cases where atrocities - on the worst scale - have occurred even during the post 1945 period when the United Nations was built to save us all from the scourge of genocide. The R2P concept accords to sovereign states and international institutions a responsibility to assist peoples who are at risk - or experiencing - the worst atrocities. R2P maintains that collective action should be taken by members of the United Nations to prevent or halt such gross violations of basic human rights. This Handbook, containing contributions from leading theorists, and practitioners (including former foreign ministers and special advisors), examines the progress that has been made in the last 10 years; it also looks forward to likely developments in the next decade.
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International Law and New Wars

Author: Christine Chinkin,Mary Kaldor

Publisher: Cambridge University Press

ISBN: 1316764532

Category: Law

Page: N.A

View: 9643

International Law and New Wars examines how international law fails to address the contemporary experience of what are known as 'new wars' - instances of armed conflict and violence in places such as Syria, Ukraine, Libya, Mali, the Democratic Republic of Congo and South Sudan. International law, largely constructed in the nineteenth and twentieth centuries, rests to a great extent on the outmoded concept of war drawn from European experience - inter-state clashes involving battles between regular and identifiable armed forces. The book shows how different approaches are associated with different interpretations of international law, and, in some cases, this has dangerously weakened the legal restraints on war established after 1945. It puts forward a practical case for what it defines as second generation human security and the implications this carries for international law.
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International Law and Civil Wars

Intervention and Consent

Author: Eliav Lieblich

Publisher: Routledge

ISBN: 0415507901

Category: History

Page: 286

View: 1080

This book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another - the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter exception is of increasing importance, the numerous questions it raises have received scant attention in the current body of literature. This volume fills this gap by analyzing the consent-exception in a wide context, and attempting to delineate its limits, including cases in which government consent power is not only negated, but might be transferred to opposition groups. The book also discusses the concept of consensual intervention in contemporary international law, in juxtaposition to traditional legal doctrines. It traces the development of law in this context by drawing from historical examples such as the Spanish Civil War, as well as recent cases such those of the Democratic Republic of the Congo, Somalia, Libya, and Syria. This book will be of much interest to students of international law, civil wars, the Responsibility to Protect, war and conflict studies, and IR in general.
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The Persistent Advocate and the Use of Force

The Impact of the United States upon the Jus ad Bellum in the Post-Cold War Era

Author: Dr Christian Henderson

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409497194

Category: Law

Page: 226

View: 4388

This book provides a comprehensive, dispassionate empirical analysis and assessment of the discernible impact that the US has had upon the jus ad bellum in the post-Cold War era. The work focuses on the substantive areas of the jus ad bellum with which the US has most often and significantly engaged with through either its actions, justifications for actions, or adopted policies. In doing so, it draws upon the theory of interpretive communities as its framework of analysis in order to gauge any impact upon this fundamental area of international law. The Persistent Advocate and the Use of Force provides a much needed examination of one of the most controversial issues of international law in recent times whilst, on a more general level, offering a timely defence of the robustness of the jus ad bellum to the practice of powerful states.
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The Fog of Law

Pragmatism, Security, and International Law

Author: Michael J. Glennon

Publisher: Stanford Law & Politics

ISBN: N.A

Category: Law

Page: 253

View: 4076

"A most timely contribution that provokes important reflections, whatever one's perspective on the rule of law or the limits of international law. This book deserves to be read widely in the United States and, even more so, beyond its shores, to understand the politics of pragmatism."---Philippe Sands, University College London --
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The Challenge of Conflict

International Law Responds

Author: Ustinia Dolgopol,Judith Gail Gardam

Publisher: Martinus Nijhoff Publishers

ISBN: 9004145990

Category: Law

Page: 628

View: 7291

This collection is an integrated body of essays that provides a comprehensive range of viewpoints on how international legal and political mechanisms can address the catastrophic consequences of deadly conflict in today's world. The authors are drawn from a diverse range of disciplines encompassing law, peace studies, international relations and criminal justice and include judges, members of the military, academics, United Nations personnel and representatives of non-government organisations.
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The Right to National Self-defense

In Information Warfare Operations

Author: D. Delibasis

Publisher: Arena books

ISBN: 9780955605512

Category: Law

Page: 418

View: 4780

Aims to demonstrate that the advent of Cyberwarfare has pushed traditional legal thinking regarding the regulation of forcible action beyond traditional boundaries. This title sets a paradigm with regard to Cyberwarfare as well as with other methods of warfare which escape the boundaries of the traditional State monopoly of the use of force.
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The Responsibility to Protect (R2P)

A new Paradigm of International Law?

Author: Peter Hilpold

Publisher: Martinus Nijhoff Publishers

ISBN: 9004230009

Category: Law

Page: 454

View: 6598

R2P is a much discussed concept of International Law. This volume contains an in-depth inquiry into this concept by renowned international lawyers.
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Law and Disciplinarity

Thinking Beyond Borders

Author: Robert J. Beck

Publisher: Palgrave Macmillan

ISBN: 1137316098

Category: Political Science

Page: 324

View: 3839

In the twenty-first century, traditional legal borders – both geographic and intellectual – have been increasingly contested. Many observers have questioned whether the long-held conceptions of sovereign state boundaries remain salient in a world of technology-accelerated transnational flows of people, capital, and information. Meanwhile, scholars across the social sciences and humanities have begun crossing disciplinary borders in unprecedented ways, co-opting new methodologies and engaging in meaningful and sustained dialogue about the meaning of law in its changing global context. These emerging movements prompt important questions: what are the nature and implications of shifting legal borders? What does the future hold for them? What role do new technologies play in this evolving story? Law and Disciplinarity: Thinking beyond Borders sets forth to answer these questions by way of distinguished scholars drawn from across a wide range of disciplines, including law, political science, international relations, and communications.
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Human Rights and Personal Self-Defense in International Law

Author: Jan Arno Hessbruegge

Publisher: Oxford University Press

ISBN: 019065502X

Category:

Page: 400

View: 7463

Based on author's thesis (doctoral - European University Viadrina in Frankfurt (Oder), Germany, 2016) isued under title: The right to personal self-defence as a general principle of law and its general application in international human rights law.
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Human Dignity and the Future of Global Institutions

Author: Mark P. Lagon,Anthony Clark Arend

Publisher: Georgetown University Press

ISBN: 1626161208

Category: Political Science

Page: 384

View: 3018

The 21st century has witnessed a proliferation of international institutions, including traditional intergovernmental organizations, non-governmental organizations, private sector entities, and other partnerships. The premise of this anthology is that these institutions need a common, animating principle in the service of the person, which is the ultimate end of global politics. The concept of human dignity, the editors claim, serves this purpose and transcends the seemingly intractable conflicts in human rights debates: political rights v. social and economic rights. Conceptually, human dignity rests on two principles: exercising agency to realize one's potential, and recognition by society of one's worth. In light of this formulation of human dignity, the anthology has two purposes: First, contributors will examine the degree to which traditional and emerging institutions are already advancing human dignity as a central mission. Second, in the spirit of developing best practices and prescriptive recommendations, contributors will identify strategies, methods, and modalities to make human dignity more central to the work of global institutions.
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Politicizing the International Criminal Court

The Convergence of Politics, Ethics, and Law

Author: Steven C. Roach

Publisher: Rowman & Littlefield Publishers

ISBN: 1461641004

Category: Political Science

Page: 240

View: 7241

This innovative and systematic work on the political and ethical dimensions of the International Criminal Court (ICC) is the first comprehensive attempt to situate the politics of the ICC both theoretically and practically. Steering a new path between conventional approaches that stress the formal link between legitimacy and legal neutrality, and unconventional approaches that treat legitimacy and politics as inextricable elements of a repressive international legal order, Steven C. Roach formulates the concept of political legalism, which calls for a self-directed and engaged application of the legal rules and principles of the ICC Statute. Politicizing the International Criminal Court is a must-read for scholars, students, and policymakers interested in the dynamics of this important international institution.
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