The Rule of Law in Crisis and Conflict Grey Zones

Regulating the Use of Force in a Global Information Environment

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Author: Michael John-Hopkins

Publisher: Routledge

ISBN: 1351996738

Category: Law

Page: 350

View: 4101

This book responds to ongoing calls for clarification and consensus regarding the meaning, scope and interplay of humanitarian law and human rights law in the ‘grey zones’ of unconventional operational environments such as counterterrorism and counterinsurgency operations. It contributes to the debate in this area by developing objective criteria for determining where the shift from the legal framework of law enforcement to that of non-international armed conflict occurs in relation to targeting law and weaponry law; by developing improved objective criteria for determining what constitutes direct participation in hostilities and de facto membership in an organised armed group; by taking stock of how existing targeting and weaponry rules are being applied to unconventional conflicts within civilian populated areas by key state players as well as by international and regional human rights mechanisms; by arguing for the progressive realisation of targeting and weaponry law so that they are more fitting for operational environments that are increasingly urbanised and civilianised; by seeking to understand how global networked connectivity may affect our understanding of the operational theatre of war and the geographical reach of the legal framework of non-international armed conflict.

The Genealogy of Terror

How to Distinguish Between Islam, Islamism and Islamist Extremism

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Author: Matthew Wilkinson

Publisher: Law and Religion

ISBN: 9781138200463

Category: Islam

Page: 248

View: 1126

In the first two decades of the twenty-first century, the events of 9/11, 7/7, the War on Terror and the Caliphate and atrocities of the so-called Islamic State have dominated Western consciousness and wreaked havoc in parts of the Muslim-majority world. In their wake, a spate of books has been written explaining the phenomenon of Islamist radicalisation and Jihadism. Nevertheless, for normal citizens, as well as scholars of religion and legal professionals, the crucial question remains unanswered: how is mainstream Islam different from both Islamism and the Islamist Extremism that is used to justify terrorist violence? In this highly original book, which draws upon the author's experience as an expert witness in Islamic theology in 27 counter-terrorism trials, the author uses the idea of the Worldview, as well as traditional Islamic theology, to answer this question. The book explains not only what Mainstream Islam, Ideological Islamism and Islamist Extremism are in their broad philosophical characteristics and theological particulars, but also explains comprehensively how and why they are both superficially related and yet essentially and fundamentally different. In so doing, the book also illuminates the cast of characters and the development of their ideas that constitute Mainstream Islam, Ideological Islamism and the Non-Violent and Violent Islamist Extremists who constitute the Genealogy of Terror.

The Use of Force in UN Peace Operations

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Author: Trevor Findlay,Stockholm International Peace Research Institute

Publisher: Oxford University Press on Demand

ISBN: 9780198292821

Category: Law

Page: 486

View: 1873

One of the most vexing issues that has faced the international community since the end of the Cold War has been the use of force by the United Nations peacekeeping forces. UN intervention in civil wars, as in Somalia, Bosnia and Herzegovina, and Rwanda, has thrown into stark relief the difficulty of peacekeepers operating in situations where consent to their presence and activities is fragile or incomplete and where there is little peace to keep. Complex questions arise in these circumstances. When and how should peacekeepers use force to protect themselves, to protect their mission, or, most troublingly, to ensure compliance by recalcitrant parties with peace accords? Is a peace enforcement role for peacekeepers possible or is this simply war by another name? Is there a grey zone between peacekeeping and peace enforcement? Trevor Findlay reveals the history of the use of force by UN peacekeepers from Sinai in the 1950s to Haiti in the 1990s. He untangles the arguments about the use of force in peace operations and sets these within the broader context of military doctrine and practice. Drawing on these insights the author examines proposals for future conduct of UN operations, including the formulation of UN peacekeeping doctrine and the establishment of a UN rapid reaction force.

The New Environmental Regulation

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Author: Daniel J. Fiorino

Publisher: MIT Press

ISBN: 0262062569

Category: Law

Page: 290

View: 7849

Winner, 2007 Louis Brownlow Award presented by the National Academy of Public Administration (NAPA) and 2006 Best Book in Environmental Management and Policy, American Society for Public Administration. Environmental regulation in the United States has succeeded, to a certain extent, in solving the problems it was designed to address; air, water, and land, are indisputably cleaner and in better condition than they would be without the environmental controls put in place since 1970. But Daniel Fiorino argues in The New Environmental Regulation that—given recent environmental, economic, and social changes—it is time for a new, more effective model of environmental problem solving. Fiorino provides a comprehensive but concise overview of U.S. environmental regulation—its history, its rationale, and its application—and offers recommendations for a more collaborative, flexible, and performance-based alternative. Traditional environmental regulation was based on the increasingly outdated assumption that environmental protection and business are irreversibly at odds. The new environmental regulation Fiorino describes is based on performance rather than on a narrow definition of compliance and uses such policy instruments as market incentives and performance measurement. It takes into consideration differences in the willingness and capabilities of different firms to meet their environmental obligations, and it encourages innovation by allowing regulated industries, especially the better performers, more flexibility in how they achieve environmental goals. Fiorino points to specific programs—including the 33/50 Program, innovative permitting, and the use of covenants as environmental policy instruments in the Netherlands—that have successfully pioneered these new strategies. By bringing together such a wide range of research and real world examples, Fiorino has created an invaluable resource for practitioners and scholars and an engaging text for environmental policy courses.

Water and Conflict: Incorporating Peacebuilding Into Water Development

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Author: Jason Gehrig,Mark M. Rogers

Publisher: Catholic Relief Services

ISBN: 161492029X

Category: Political Science

Page: N.A

View: 4827

Water is a simple but necessary part of life. Yet much of the world's population lacks adequate clean water, either because of physical scarcity or because they are denied equitable access to water resources. Such conditions inevitably breed conflict. Water-related violence is common in many parts of the world and is generally expected to increase in the years ahead.This document is intended to assist water development practitioners, civil society peacebuilders and human rights advocates seeking to integrate water and peacebuilding in their work. The purpose is twofold: to furnish a conceptual framework for understanding problems of scarcity and equity, and to provide practical guidance and tools for action.The text distills an extensive literature on water, conflict, and cooperation produced in recent years by researchers and development practitioners. Case studies and reflections are included to keep theory grounded in reality.

The Power of Process

The Value of Due Process in Security Council Sanctions Decision-Making

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Author: Devika Hovell

Publisher: Oxford University Press

ISBN: 0191027456

Category: Law

Page: 224

View: 8309

The UN Security Council's transition to 'targeted sanctions' in the 1990s marked a revolutionary shift in the locus of the Council's decision-making from states to individuals. The establishment of the targeted sanctions regime, should be regarded as more than a shift in policy and invites attention to an emerging tier of international governance. This book examines the need to develop a due process framework having regard to the uniquely political and crisis-based context in which the Security Council operates. Drawing on Anglo-American jurisprudence, this book develops procedural principles for the international institutional context using a value-based approach as an alternative to the formalistic approach taken in the literature to date. In doing so, it is recognized that due process is more than a set of discrete legal standards, but is a touchstone for the way the international legal order conceives of far larger questions about community, law and values.

Encyclopedia of World Problems and Human Potential

World problems

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Author: N.A

Publisher: N.A

ISBN: N.A

Category: Social sciences

Page: 1188

View: 5231

The destruction of wildlife habitats ... organized crime ... AIDS ... illiteracy ... acid rain -- these are among the 130,000 topics documented and discussed in the new edition of the Encyclopedia. But its truly unique goal is to present this complex set of issues in ways that facilitate an organized response. To this end, the book also focuses on the complex relationship between problems and society's own ideological relationship with these problems. How do human priorities and perceptions aggravate or enable problems? What are the established and alternative responses?The Encyclopedia contains over 158,000 cross-references between entries, an extensive 91,000 practical key term index, bibliographies, and full cross-referencing to the Yearbook of International Organizations.For anyone concerned with the world community, here are the means to explore and participate in today's most crucial endeavors.Volume 1, World Problems, presents diverse perspectives on the nature, origin, and incidence of each issue, delving beneath news reports and official pronouncements to reveal subtle causative nuances such as psychological outlook, political inaction, scapegoating, and cover-ups.

The Future Security Environment in the Middle East

Conflict, Stability, and Political Change

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Author: Nora Bensahel,Daniel Byman

Publisher: Rand Corporation

ISBN: 083303619X

Category: Political Science

Page: 365

View: 3488

This report identifies several important trends that are shaping regional security. It examines traditional security concerns, such as energy security and the proliferation of weapons of mass destruction, as well as newer challenges posed by political reform, economic reform, civil-military relations, leadership change, and the information revolution. The report concludes by identifying the implications of these trends for U.S. foreign policy.

Imagining Law:

Essays in Conversation with Judith Gardam

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Author: Dale Stephens,Paul Babie

Publisher: University of Adelaide Press

ISBN: 192526131X

Category: Law

Page: 332

View: 894

By any measure, Judith Gardam has accomplished much in her professional life and is rightly acknowledged by scholars throughout the world as an expert in her many fields of diverse interest — including international law, energy law and feminist theory. This book celebrates her academic life and work with twelve essays from leading scholars in Gardam’s fields of expertise.

Issues in Neuroscience Research and Application: 2011 Edition

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Author: N.A

Publisher: ScholarlyEditions

ISBN: 1464963606

Category: Medical

Page: 3141

View: 3076

Issues in Neuroscience Research and Application: 2011 Edition is a ScholarlyEditions™ eBook that delivers timely, authoritative, and comprehensive information about Neuroscience Research and Application. The editors have built Issues in Neuroscience Research and Application: 2011 Edition on the vast information databases of ScholarlyNews.™ You can expect the information about Neuroscience Research and Application in this eBook to be deeper than what you can access anywhere else, as well as consistently reliable, authoritative, informed, and relevant. The content of Issues in Neuroscience Research and Application: 2011 Edition has been produced by the world’s leading scientists, engineers, analysts, research institutions, and companies. All of the content is from peer-reviewed sources, and all of it is written, assembled, and edited by the editors at ScholarlyEditions™ and available exclusively from us. You now have a source you can cite with authority, confidence, and credibility. More information is available at http://www.ScholarlyEditions.com/.

Constitutional Courts as Mediators

Armed Conflict, Civil-Military Relations, and the Rule of Law in Latin America

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Author: Julio Ríos-Figueroa

Publisher: Cambridge University Press

ISBN: 1107079780

Category: Law

Page: 256

View: 8222

The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.

International Law and New Wars

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Author: Christine Chinkin,Mary Kaldor

Publisher: Cambridge University Press

ISBN: 1316764532

Category: Law

Page: N.A

View: 5351

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.

Holocaust, Genocide, and the Law

A Quest for Justice in a Post-Holocaust World

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Author: Michael Bazyler

Publisher: Oxford University Press

ISBN: 0190664037

Category: Law

Page: 394

View: 5269

A great deal of contemporary law has a direct connection to the Holocaust. That connection, however, is seldom acknowledged in legal texts and has never been the subject of a full-length scholarly work. This book examines the background of the Holocaust and genocide through the prism of the law; the criminal and civil prosecution of the Nazis and their collaborators for Holocaust-era crimes; and contemporary attempts to criminally prosecute perpetrators for the crime of genocide. It provides the history of the Holocaust as a legal event, and sets out how genocide has become known as the "crime of crimes" under both international law and in popular discourse. It goes on to discuss specific post-Holocaust legal topics, and examines the Holocaust as a catalyst for post-Holocaust international justice. Together, this collection of subjects establishes a new legal discipline, which the author Michael Bazyler labels "Post-Holocaust Law."

International Legal Protection of Human Rights in Armed Conflict

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Author: United Nations. Office of the High Commissioner for Human Rights

Publisher: United Nations Publications

ISBN: 9789211541915

Category: Law

Page: 119

View: 3908

International human rights law and international humanitarian law share the goal of preserving the dignity and humanity of all. Over the years, the General Assembly, the Commission on Human Rights and, more recently, the Human Rights Council have considered that, in armed conflict, parties to the conflict have legally binding obligations concerning the rights of persons affected by the conflict. Although different in scope, international human rights law and international humanitarian law offer a series of protections to persons in situations of armed conflict, whether civilians, persons who are no longer participating directly in hostilities or active participants in the conflict. This publication provides a thorough legal analysis and guidance to State authorities, human rights and humanitarian actors and others on the application of international human rights law and international humanitarian law for the protection of persons.

Fighting at the Legal Boundaries

Controlling the Use of Force in Contemporary Conflict

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Author: Kenneth Watkin

Publisher: Oxford University Press

ISBN: 019045797X

Category: Aggression (International law)

Page: 728

View: 4980

The international law governing armed conflict is at a crossroads, as the formal framework of laws designed to control the exercise of self-defense and conduct of inter-state conflict finds itself confronted with violent 21st Century disputes of a very different character. Military practitioners who seek to stay within the bounds of international law often find themselves applying bodies of law-IHRL, IHL, ICL-in an exclusionary fashion, and adherence to those boundaries can lead to a formal and often rigid application of the law that does not adequately address contemporary security challenges. Fighting at the Legal Boundaries offers a holistic approach towards the application of the various constitutive parts of international law. The author focuses on the interaction between the applicable bodies of law by exploring whether their boundaries are improperly drawn, or are being interpreted in too rigid a fashion. Emphasis is placed on the disconnect that can occur between theory and practice regarding how these legal regimes are applied and interact with one another. Through a number of case studies, Fighting at the Legal Boundaries explores how the threat posed by insurgents, terrorists, and transnational criminal gangs often occurs not only at the point where these bodies of law interact, but also in situations where there is significant overlap. In this regard, the exercise of the longstanding right of States to defend nationals, including the conduct of operations such as hostage rescue, can involve the application of human rights based law enforcement norms to counter threats transcending the conflict spectrum. This book has five parts: Part I sets out the security, legal, and operational challenges of contemporary conflict. Part II focuses on the interaction between the jus ad bellum, humanitarian law and human rights, including an analysis of the historical influences that shaped their application as separate bodies of law. Emphasis is placed on the influence the proper authority principle has had in the human rights based approach being favored when dealing with "criminal" non-State actors during both international and non-international armed conflict. Part III analyzes the threats of insurgency and terrorism, and the state response. This includes exploring their link to criminal activity and the phenomenon of transnational criminal organizations. Part IV addresses the conduct of operations against non-State actors that span the conflict spectrum from inter-state warfare to international law enforcement. Lastly, Part V looks at the way ahead and discusses the approaches that can be applied to address the evolving, diverse and unique security threats facing the international community.

Managing Conflict of Interest in the Public Service OECD Guidelines and Country Experiences

OECD Guidelines and Country Experiences

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Author: OECD

Publisher: OECD Publishing

ISBN: 9264104933

Category:

Page: 252

View: 4369

The OECD Guidelines for Managing Conflict of Interest in the Public Service provide the first international benchmark in this field. This report highlights trends, approaches and models across OECD countries in a comparative overview that also presents examples of innovative and recent solutions.