International Law and Civil Wars

Intervention and Consent

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Author: Eliav Lieblich

Publisher: Routledge

ISBN: 0415507901

Category: History

Page: 286

View: 8722

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.

The International Law of Civil War

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Author: Quincy Wright,Richard A. Falk

Publisher: Lawbook Exchange Limited

ISBN: 9781584777212

Category: Law

Page: 452

View: 6517

Originally published: Baltimore: Johns Hopkins Press, [1971]

International Law and International Relations

An International Organization Reader

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Author: Beth A. Simmons,Richard H. Steinberg

Publisher: Cambridge University Press

ISBN: 113946261X

Category: Political Science

Page: 737

View: 6435

This 2007 volume is intended to help readers understand the relationship between international law and international relations (IL/IR). As a testament to this dynamic area of inquiry, new research on IL/IR is now being published in a growing list of traditional law reviews and disciplinary journals. The excerpted articles in this volume, all of which were first published in International Organization, represent some of the most important research since serious social science scholarship began in this area more than twenty five years ago. They are important milestones toward making IL/IR a central concern of scholarly research in international affairs. The contributions cover some of the main topics of international affairs to provide readers with a range of theoretical perspectives, concepts, and heuristics that can be used to analyze the relationship between international law and international relations.

War, the State, and International Law in Seventeenth-century Europe

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Author: Olaf Asbach,Peter Schröder

Publisher: Ashgate Publishing, Ltd.

ISBN: 9780754668114

Category: History

Page: 273

View: 9882

Exploring the history and theories of political thought of international relations in the seventeenth century, this volume addresses one of the great paradoxes of post-medieval Europe: why instead of bringing peace to a disorganised and violent world, modernity instead produced a seemingly endless string of conflicts and social upheavals?Bringing together political scientists, philosophers, historians of political thought, jurists and scholars of international relations, the collection offers a sophisticated and fresh account of the interactions of law, conflict and the nation state in an early-modern European context

The Vietnam War and International Law, Volume 3

The Widening Context

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Author: Richard A. Falk

Publisher: Princeton University Press

ISBN: 1400868246

Category: Law

Page: 966

View: 801

Issues of the war that have provoked public controversy and legal debate over the last two years—the Cambodian invasion of May-June 1970, the disclosure in November 1969 of the My Lai massacre, and the question of war crimes—are the focus of Volume 3. As in the previous volumes, the Civil War Panel of the American Society of International Law has endeavored to select the most significant legal writing on the subject and to provide, to the extent possible, a balanced presentation of opposing points of view. Parts I and II deal directly with the Cambodian, My Lai, and war crimes debates. Related questions are treated in the rest of the volume: constitutional debate on the war; the distribution of functions among coordinate branches of the government; the legal status of the insurgent regime in the struggle for control of South Vietnam; prospects for settlement without a clear-cut victory; and Vietnam's role in general world order. The articles reflect the views of some forty contributors: among them, Jean Lacouture, Henry Kissinger, John Norton Moore, Quincy Wright, William H. Rhenquist, and Richard A. Falk. Originally published in 1972. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

International Law and Espionage

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Author: John Kish,David Turns

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041100306

Category: Law

Page: 162

View: 3698

2. Espionage in War at Sea.

International Law, Politics, and Inhumane Weapons

The Effectiveness of Global Landmine Regimes

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Author: Alan Bryden

Publisher: Routledge

ISBN: 0415622050

Category: History

Page: 173

View: 2528

This book contributes to contemporary debates on the effectiveness of international humanitarian law (IHL) in regulating or prohibiting inhumane weapons, such as landmines. Two treaties have emerged under IHL in response to the humanitarian scourge of landmines. However, despite a considerable body of related literature, clear understandings have not been established on the effectiveness of these international legal frameworks in meeting the challenges that prompted their creation. This book seeks to address this lacuna. An analytical framework grounded in regime theory helps move beyond the limitations in the current literature through a structured focus on principles, norms, rules, procedures, actors and issue areas. On the one hand, this clarifies how political considerations determine opportunities and constraints in designing and implementing IHL regimes. On the other, it enables us to explore how and why 'ideal' policy prescriptions are threatened when faced with complex challenges in post-conflict contexts. This book will be of much interest to students of international humanitarian law, global governance, human security and IR in general.

International Law and Politics

Key Documents

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Author: Shirley V. Scott

Publisher: Lynne Rienner Pub

ISBN: 9781588264428

Category: Law

Page: 841

View: 7385

Unique in its breadth of coverage, this carefully designed collection presents the key documents of international law at the global level.The collection encompasses the full spectrum of central issues, with the documents grouped in eight subject areas: foundations, the use of force, arms control, international crime, human rights, humanitarian law, the environment, and the global commons. A short introduction to each document provides context and also points to supplementary documents. With only a few exceptions, each document is presented in its entirety.Other useful features include a glossary of terms; a chronological list of the treaties in the book, indicating the date the treaty was signed, the date it entered into force, the number of parties to the treaty, and other data; and a complete index.Shirley V. Scott is senior lecturer in international relations at the University of New South Wales. She is author of International Law in World Politics: An Introduction.Contents: Introduction. The Foundations of International Law. 1945, Charter of the United Nations. 1945, Statute of the International Court of Justice. 1961, Vienna Convention on Diplomatic Relations. 1969, Vienna Convention on the Law of Treaties. International Law and the Use of Force. 1842, The Caroline Case (excerpt). 1990, Authorizing the Gulf War: Security Council Resolution 678. 1991, The ?Cease-Fire Resolution?: Security Council Resolution 687. 1996, ICJ Advisory Opinion on the Legality of Nuclear Weapons (excerpt). 2001, Self-Defence and Afghanistan: Security Council Resolution 1368. 2002, US National Security Strategy (Excerpt). 2002, Resolution Preceding the 2003 Invasion of Iraq: Security Council Resolution 1441. 2002, UK Explanation of Its vote on Security Council Resolution 1441. Arms Control. 1968, Treaty on the Non-Proliferation of Nuclear Weapons. 1972, Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems (Anti-Ballistic Missile Treaty). 1972, Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (Biological Weapons Convention). 1993, Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction (Chemical Weapons Convention). 1996, Comprehensive Nuclear Test-Ban Treaty. 1997, Convention on the Prohibition of the Use, Stockpiling, Production, and Transfer of Anti-Personnel Mines and Their Destruction (Land Mines, or Ottawa, Convention). 2002, Treaty on Strategic Offensive Reductions. 2004, The Non-Transfer of WMD to Non-State Actors: Security Council Resolution 1540. International Criminal Law. 1948, Convention on the Prevention and Punishment of the Crime of Genocide. 1984, Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. 1997, International Convention for the Suppression of Terrorist Bombings. 1998, The Rome Statute of the International Criminal Court. 1999, International Convention for the Suppression of the Financing of Terrorism. 2001, Establishing the Counter-Terrorism Committee: Security Council Resolution 1373. International Human Rights Law. 1948, Universal Declaration of Human Rights. 1951, Convention Relating to the Status of Refugees. 1967, Protocol Relating to the Status of Refugees. 1965, International Convention on the Elimination of all Forms of Racial Discrimination. 1966, International Covenant on Civil and Political Rights. 1966, Optional Protocol to the International Covenant on Civil and Political Rights. 1990, Second Optional Protocol to the International Covenant on Civil and Political Rights. 1966, International Covenant on Economic, Social, and Cultural Rights. 1979, Convention on the Elimination of All Forms of Discrimination Against Women. 1989, Convention on the Rights of the Child. International Humanitarian Law. 1949, Geneva Convention Relative to the Treatment of Prisoners of War (Third Geneva Convention). 1949, Geneva Convention Relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention). 1977, Protocol Additional to the Geneva Conventions of 12 August 1949 and Relating to the Protection of Victims of International Armed Conflicts. 1977, Protocol Additional to the Geneva Conventions of 12 August 1949 and Relating to the Protection of Victims of Non-International Armed Conflicts. International Law and the Environment. 1989, Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. 1991, United Nations Framework Convention on Climate Change. 1997, Kyoto Protocol to the United Nations Framework Convention on Climate Change. 1992, Convention on Biological Diversity. 2002, Cartagena Protocol on Biosafety. 2001, Stockholm Convention on Persistent Organic Pollutants. The Global Commons. 1959, The Antarctic Treaty. 1967, Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies. 1982, Third United Nations Convention on the Law of the Sea. 1994, Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982. Appendixes. Glossary. Chronology of Treaties, with Status. Index.

Political Violence and the International Community

Developments in International Law and Policy

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Author: Kirsti Samuels

Publisher: BRILL

ISBN: 1571053743

Category: Political Science

Page: 450

View: 2075

Are civil conflicts and coups d'etat matters of international concern, or questions of national interest only? How can the increasingly common practice of condemnation and intervention by the United Nations and individual States into situations of extreme political violence be understood? Will civil conflict one day be considered illegal under international law, in the same way as international war? Offering a penetrating analysis that unpacks the relationships between political violence, international policy and international law, and explores international practice in more than 30 civil conflicts, this book challenges many assumptions we hold about the dividingline between domestic and international affairs, whether democracy is an international norm, and how long the international community is prepared to sit on the sidelines and allow ruthless political violence to determine political leadership in nations. This book fills an important void andcaptures the complexities and tensions inherent in an area where practice has moved faster than theory, and pragmatism clashes with idealism.

Private International Law in Vietnam

On General Issues, Contracts and Torts in Light of European Developments

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Author: Thi Hong Trinh Nguyen

Publisher: Mohr Siebeck

ISBN: 9783161541858

Category: Law

Page: 279

View: 3760

After the Vietnamese War, civil relations with foreign elements have increased and, consequently, private international law has gained some importance in Vietnam. However, both the relevant legal provisions and the practice of the courts in Vietnam are insufficient. Trinh Nguyen studies Vietnamese private international law in light of European developments. She focuses in particular on the general issues, contracts and torts. She describes and assesses the currently effective provisions of Vietnamese law and the corresponding judicial practice of the courts. Together with the knowledge of European private international law, with the main emphasis on the Rome I and Rome II Regulation, she makes use of comparative law to propose future developments for Vietnam based on the critical evaluation of the western doctrine.

Internal Conflict and the International Community

Wars Without End?

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Author: Roderic Alley

Publisher: Taylor & Francis

ISBN: 1351926993

Category:

Page: N.A

View: 9853

This insightful book debates whether conflict within states has emerged as the Achilles Heel of the international community. It covers a wide-range of issues including the roots of internal conflict, small arms supplies, intervention, human rights and international humanitarian law, refugees and post-conflict reconstruction. Internal Conflict and the International Community provides supplementary reading for third level undergraduates, post-graduates and scholars of international relations, comparative politics, development studies, international law and security and defence studies.

International Law and the Use of Force

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Author: Christine D. Gray

Publisher: Oxford University Press on Demand

ISBN: 0199239142

Category: Law

Page: 455

View: 2143

This fully revised and updated second edition of International Law and the Use of Force explores the whole of the large and controversial subject of the use of force in international law- 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.

International law and international relations

bridging theory and practice

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Author: Thomas J. Biersteker,Social Science Research Council (U.S.)

Publisher: Taylor & Francis

ISBN: 9780415400763

Category: Law

Page: 313

View: 2831

This unique volume examines the opportunities for, and initiates work in, interdisciplinary research between the fields of international law and international relations;disciplines that have engaged little with one another since the Second World War.Written by leading experts in the fields of international law and international relations, it argues that such interdisciplinary research is central to the creation of a knowledge base among IR scholars and lawyers for the effective analysis and governance of macro and micro phenomena.International law is at the heart of international relations, but due to challenges of codification and enforceability, its apparent impact has been predominantly limited to commercial and civil arrangements. International lawyers have been saying for years that 'law matters' in international affairs and now current events are proving them right.International Law and International Relations makes a powerful contribution to the theory and practice of global security by initiating a research agenda, building an empirical base and offering a multidisciplinary approach that provides concrete answers to real-world problems of governance.This book will be of great interest to all students of international law, international relations and governance.

International Law and the Use of Force

Beyond the U.N. Charter Paradigm

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Author: Anthony Clark Arend,Robert J. Beck

Publisher: Routledge

ISBN: 1136143726

Category: Political Science

Page: 288

View: 5040

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.

Research Handbook on International Conflict and Security Law

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Author: Nigel D. White,Christian Henderson

Publisher: Edward Elgar Publishing

ISBN: 1849808570

Category: Political Science

Page: 704

View: 606

ÔFeaturing some of the fieldÕs most expert thinkers, this is an adroitly constructed volume of essays in Òconflict and security lawÓ. The writing here offers a distillation of the major legal projects in the area while dissolving some of international lawÕs most rigid demarcations (e.g. between war and peace, or the jus ad bellum and jus in bello).Õ Ð Gerry Simpson, University of Melbourne, Australia ÔA most important and timely collection of essays that places the established international rules in their modern and challenging of context.Õ Ð Philippe Sands QC, University College London, UK ÔEvents of the past fifteen years have sharpened the focus on well-known issues in international conflict and security law. What responses to international terrorism are permissible? Can humanitarian intervention be justified under international law? The Research Handbook on International Conflict and Security Law addresses these and other debates across the areas of conflict prevention, use of force and post-conflict reconstruction, with the critical insight for which the contributors are known.Õ Ð James Crawford, University of Cambridge, UK This innovative Research Handbook brings together leading international law scholars from around the world to discuss and highlight the contemporary debate regarding issues of conflict prevention and the legality of resorting to the use of armed force through to those arising during an armed conflict and in the phase between conflict and peace. The Handbook covers key conceptual topics drawn from across the three areas of jus ad bellum, jus in bello and jus post bellum. The subject matter of the included chapters range from conflict prevention through to reparation and compensation, via coverage of issues such as disarmament, the role of the Security Council, self-defence, humanitarian intervention and the responsibility to protect, targets, war crimes, private military contractors, peacekeeping, and the protection of human rights. Being the first to examine topics under these areas in one volume, the book will be of interest to scholars, academics, postgraduate and research students as well as government lawyers from various disciplinary backgrounds looking for a contemporary grounding in issues under the broad theme of international conflict and security law.

The Law of Internal Armed Conflict

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Author: Lindsay Moir

Publisher: Cambridge University Press

ISBN: 9781139431736

Category: Law

Page: N.A

View: 681

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.

Law and War

International Law and American History

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Author: Peter Maguire

Publisher: Columbia University Press

ISBN: 0231518196

Category: Political Science

Page: 360

View: 3274

In this classic text, Peter Maguire follows America's legal relationship with war, both before and after the Nuremberg trials of the 1940s. Maguire argues that the precedents set by the trials were nothing less than revolutionary, and he traces the development of these new attitudes throughout American history. The text has been revised throughout, with a new preface and postscript discussing the George W. Bush administration's attempt to rewrite the laws of war after 9/11. Maguire connects these efforts to the decline in American power and reputation. Praise for the previous edition: "[An] intriguing historical analysis."—Harvard Law Review "Outstanding... impressive... a terrific book."—American Historical Review "A five-star accomplishment that will intrigue the reader and prove that, in history, truth is often more fascinating than fiction."—H. W. William Caming, former Nuremberg prosecutor "Perceptive."—Journal of American History "An important and fascinating study, marked by impressive research and moral passion."—Ronald Steel, University of Southern California "A 'must read' for all those interested in international criminal law, war crimes, and war crime trials."—J. C. Watkins Jr., University of Alabama "A sobering exploration of the hypocrisy and double standards that shape the laws of war. Maguire reveals the conflict between American ideology and American imperialism, the Faustian compromises made by our leaders during their elusive quest for justice."—Iris Chang, author of The Rape of Nanking "A pioneering account.... Law and War goes back to the middle of the nineteenth century to trace the history of modern war crimes, their shock value, and the efforts made to bring their perpetrators to account."—Thomas Keenan, Bardian

The Human Dimension of International Law

Selected Papers of Antonio Cassese

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Author: Antonio Cassese

Publisher: Oxford University Press

ISBN: 0199232911

Category: Law

Page: 539

View: 1229

This volume collects the most important papers of Antonio Cassese, one of the pre-eminent figures in international criminal justice. The papers offer the definitive statement of Cassese's thought, and a unique insight into some of the key developments in modern international law.