International Law and the Use of Force

International Law and the Use of Force

This book explores the large and controversial subject of the use of force in international law.

Author: Christine Gray

Publisher: Oxford University Press, USA

ISBN: 0198808429

Category: Aggression (International law)

Page: 512

View: 585

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.
Categories: Aggression (International law)

The Law of Armed Conflict and the Use of Force

The Law of Armed Conflict and the Use of Force

"Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law."

Author: Frauke Lachenmann

Publisher: Oxford University Press

ISBN: 9780198784623

Category:

Page: 1472

View: 640

This volume brings together articles on the law of armed conflict and the use of force from the Max Planck Encyclopedia of Public International Law, the definitive reference work on international law. It provides an invaluable resources for scholars, students, and practitioners of international humanitarian law, giving an accessible, thorough overview of all aspects of the field. Each article contains cross-references to related articles, and includes a carefully selected bibliography of the most important writings and primary materials as a guide to further reading. The Encyclopedia can be used by a wide range of readers. Experienced scholars and practitioners will find a wealth of information on areas that they do not already know well as well as in-depth treatments on every aspect of their specialist topics. Articles can also be set as readings for students on taught courses.
Categories:

International Law

International Law

Particular emphasis is placed on the key issues in civil law jurisdictions, making this text perfectly suited for students based in mainland Europe.

Author: Anders Henriksen

Publisher: Oxford University Press, USA

ISBN: 9780198828723

Category:

Page: 385

View: 690

International Law provides a fresh, student-focused approach and European perspective on the central issues in public international law. Providing ideal coverage for short foundational courses, this engaging textbook introduces all the essential topics in a concise and manageable way. Dedicated chapters on environmental law, economic law, and human rights are included, ensuring that appropriate coverage is given to the various areas affected by international law. The core topics are fully explained in plain terms and the principles and key terminology outlined in an accessible style. Taking a critical perspective throughout, Henriksen introduces the areas of debate and builds students' confidence in understanding the complexities of the international legal system and its operation across borders. Particular emphasis is placed on the key issues in civil law jurisdictions, making this text perfectly suited for students based in mainland Europe. A range of learning features highlight the important areas of debate and encourage students to engage critically with important disputes. Central issues boxes introduce each chapter, highlighting the controversies and key principles explored; chapter summaries provide an overview for students to review their understanding of a particular topic; discussion questions encourage students to apply their knowledge to addressing specific problems within the context of the subject; and carefully selected recommended reading lists guide students' wider research and enable them to broaden and consolidate their learning. Online Resources International Law offers a range of freely available materials to support lecturers and students in their studies. These resources include: - Short podcasts introducing the core topics covered - Advice on answering the Questions for Discussion at the end of each chapter - Links to other international law resources
Categories:

Principles of Public International Law

Principles of Public International Law

The sixth edition of Ian Brownlie's comprehensive and authoritative textbook has been thoroughly revised and updated to take into account all changes in the field of public international law since 1998.

Author: Ian Brownlie

Publisher: Oxford University Press

ISBN: UOM:39015017959464

Category: Political Science

Page: 808

View: 569

The sixth edition of Ian Brownlie's comprehensive and authoritative textbook has been thoroughly revised and updated to take into account all changes in the field of public international law since 1998. A new chapter on the Use of Force has been added and further discussion of the Environment.Its clarity, excellent structure, detailed referencing and depth and maturity of analysis make it the ideal text for students, scholars and practitioners.
Categories: Political Science

Politics of International Law and International Justice

Politics of International Law and International Justice

The Role of Law in International Politics, Oxford: Oxford University Press, pp. 277–314. Gray, C. (2008), International Law and the Use of Force: Foundations of Public International Law, 3ed edn, Oxford: Oxford University Press.

Author: Edwin Egede

Publisher: Edinburgh University Press

ISBN: 9780748634736

Category: Political Science

Page: 397

View: 236

An introduction to international law for politics and IR studentsThis textbook introduction to international law and justice is specially written for students studying law in other departments, such as politics and IR. Written by a lawyer and a political theorist, it shows how international politics has influenced international law.Edwin Egede and Peter Sutch show that neglected questions of justice and ethics are essential to any understanding of the institutions of international society. They walk students through the most crucial questions and critical debates in international law today: sovereignty and global governance, sovereign and diplomatic immunity, human rights, the use of force, sanctions and the domestic impact of international law.
Categories: Political Science

The Responsibility to Protect

The Responsibility to Protect

21 For a contemporary discussion of the legal framework , see Christine Gray , International Law and the Use of Force : Foundations of Public International Law ( Oxford : Oxford University Press , 2001 ) , especially chapters 1 and 2 ...

Author: International Commission on Intervention and State Sovereignty

Publisher: IDRC

ISBN: 0889369631

Category: Political Science

Page: 410

View: 293

Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty
Categories: Political Science

The War on Terror and the Framework of International Law

The    War on Terror  and the Framework of International Law

12; C.D. Gray, International Law and the Use of Force (Foundations of Public International Law) (New York, 2008), 3rd edn, pp. 31–3. Consent is relevant to ongoing lethal force against terrorism, see section 5B.3, or in relation to the ...

Author: Helen Duffy

Publisher: Cambridge University Press

ISBN: 9781316194249

Category: Political Science

Page:

View: 857

Helen Duffy's analysis of international law and practice in relation to terrorism and counter-terrorism provides a framework for analysing the lawfulness of the many legislative, policy and judicial developments which have proliferated since 9/11. Among the many specific issues she addresses are targeted killings and the death of Osama bin Laden, detentions (including Guantanamo Bay), sanctions regimes, surveillance, extraordinary renditions, the prohibition on 'association' or 'support' for terrorism and the evolving preventive role of criminal law. She also considers the unfolding responses to political and judicial wrongs committed in the war on terror, such as the impact of the courts on human rights protection. While exploring areas of controversy, uncertainty and flux, she questions post-9/11 allegations of gaping holes, inadequacies or transformation in the international legal order and concludes by highlighting characteristics of the 'war on terror' and questioning its longer term implications.
Categories: Political Science

International Law in the Transition to Peace

International Law in the Transition to Peace

Fisler Damrosch L, 'Use of Force and Constitutionalism' (1998) 36 Columbia Journal of Transnational Law 449 ... Treaty Interpretation (Oxford International Law Library, 2nd edn, Oxford Public International Law 2015) Garraway C, ...

Author: Carina Lamont

Publisher: Routledge

ISBN: 9781000473254

Category: Law

Page: 232

View: 510

This book proposes a normative framework specifically designed for the complex and legally uncertain time period between armed conflicts and peace. As such, it contributes both to the furthering of a jus post bellum framework, and to enhanced legal clarity in complex and legally uncertain environments. This, in turn, contributes to strengthened protection engagements, and thus to improved prospects of enabling sustainable peace and security in both national and international perspectives. The book offers a novel but persuasive argument for a legal framework specific for transitional environments. Such legal framework, it is argued, is warranted in order to enable legal clarity to contemporary and outstanding legal issues, as well as to furthering peace efforts in complex environments. The legal framework suggested proposes a dividing line between applicable legal frameworks that, it is submitted, enhances both legal clarity on protection engagements and the quest for sustainable peace. The framework proposed is founded on a legal analysis of the protective nature and function of law. It thus provides a rare but important perspective on law that is of value in the quest for sustainable peace and security. The research draws uniquely on both contemporary legal debates, and on peace and conflict research. It does so in order to enable legal analysis that is both legally sound, as well as appropriate and adequate in today’s peace and security realities. The book provides a valuable resource for academics, researchers and policy-makers in the areas of Public International Law, International Humanitarian Law, International Human Rights Law, (the law of) Peace Operations, and Peace and Security Studies.
Categories: Law

Human rights and international security

Human rights and international security

This short book is an attempt at reconciling these needs which are at times direct against each other, at times interlinked ones with a special focus on massive violations of human rights which are not being addressed effectively by the UN ...

Author: Stefan Kirchner

Publisher: GRIN Verlag

ISBN: 9783640192960

Category: Law

Page: 69

View: 848

Document from the year 2008 in the subject Law - European and International Law, Intellectual Properties, , 70 entries in the bibliography, language: English, abstract: With the advent of Human Rights in international law, several core ideas of the traditional system of international law have been challenged, such as the principle of non-interference and state sovereignty, as well as the prohibition of the use of force, especially with the decision that massive human rights violations can form a threat to international peace and security to which the UN Security Council can respond with measures according to Chapter VII of the UN Charter. While at first sight a change of paradigm in international law, or in any legal system, is not negative per se, the rules which collide with a truly effective and universal protection of HR through international law are the very rules which form the foundation for international peace and security, the primary reason for the existence of international law. While international peace and security require the stability provided by the Westphalian system, they can at the same time be endangered by massive violations of human rights. On the other hand can Human Rights only be enjoyed in times of peace while the Westphalian system can limit the effective and universal enforcement of Human Rights in cases in which the UN Security Council has failed to take action under Chapter VII. This short book is an attempt at reconciling these needs which are at times direct against each other, at times interlinked ones with a special focus on massive violations of human rights which are not being addressed effectively by the UN Security Council. To this end, we will look at the Human Rights dimensions of international peace and security outlined above before we come to the core issue of the paper, the legality of the use of force for the protection of Human Rights in cases in which the UN Security Council fails to act, or, in other words, the question of in how far the need for universal respect for human rights can overrun the need for peace, given the links between both factors indicated above.
Categories: Law

Military Assistance on Request and the Use of Force

Military Assistance on Request and the Use of Force

The book examines if and to what extent the proliferation of direct military assistance on the request of a recognized government is changing the rules regulating the use of force.

Author: Erika De Wet

Publisher: Oxford University Press, USA

ISBN: 9780198784401

Category: Law

Page: 256

View: 481

The book examines if and to what extent the proliferation of direct military assistance on the request of a recognized government is changing the rules regulating the use of force. Since the end of the Cold War, several (sub)regional organizations in Africa have codified military assistance on request in their respective treaty frameworks. In addition, in countries such as Afghanistan, Iraq, Libya, Mali, Somalia, South Sudan, Syria, and Yemen, internationally recognized governments embroiled in protracted armed conflicts have requested direct military assistance from individual States or groups of States. These requests are often accepted by the other States, and at times the United Nations Security Council, even when the requesting governments have very limited effective control over their territories, lack democratic legitimacy, and are engaged in wide-spread and systematic violations of international human rights, and humanitarian law.0 This book departs from a definition of requested military assistance that refers to the exercise of forcible measures by third-State armed forces or those controlled by an international organisation in the territory of the requesting State. It then examines the authority to issue a request for (or consent to) direct military assistance, as well as the type of situations in which such assistance may be requested?notably whether it can be requested during a civil war (armed conflict). De Wet finishes by examining the important and controversial question of whether, and to what extent, the proliferation of forcible assistance on request is changing the legal framework applying to the use of force in international law.
Categories: Law