International Law And The Use Of Force

Author: Christine Gray
Publisher: Oxford University Press
ISBN: 0192536443
Size: 14.22 MB
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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.

Foundations Of Public International Law Examine Critically The Requirements For The Creation Of A State In Modern International Law

Author: Timo Hohmuth
Publisher: GRIN Verlag
ISBN: 363832365X
Size: 69.13 MB
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Essay from the year 2000 in the subject Law - European and International Law, Intellectual Properties, grade: 2 (B), University of Newcastle upon Tyne (Law School), course: Foundations of Public International Law, 13 entries in the bibliography, language: English, abstract: “The orthodox positivist doctrine has been explicit in the affirmation that only States are subjects of international law.”1 However, since international law is primarily concealed with the rights and duties of states, it is necessary to have a clear idea of what a state is. Problems of definition of statehood and of its application thus occupy an important place in the structure of international law. The disputes on this topic tend to be focused on factual issues rather than on the relevant legal criteria. The question of the criteria is a mixed fact and law question though. To create a state entities must fulfil certain criteria of statehood. There are different opinions on the essential criteria, which will be examined critically hereafter. 1 Lauterpacht, International Law, p. 489.

Politics Of International Law And International Justice

Author: Edwin Egede
Publisher: Edinburgh University Press
ISBN: 0748684522
Size: 59.74 MB
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A textbook introduction to international law and justice is specially written for students studying law in other departments, such as politics and IR. Students will engage with debates surrounding sovereignty and global governance, sovereign and diplomati

Public International Law

Author: Sam Blay
Publisher:
ISBN: 9780195514223
Size: 78.62 MB
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This new edition of the respected textbook Public International Law: An Australian Perspective has been fully revised and provides an authoritative account of international law from an Australian perspective. This text clearly and concisely outlines principles of international law within the political framework in which they operate, and highlights the crucial legal aspects of Australia's place in the modern word. It provides an up-to-date account of the legal foundations for the way nations behave, and contains extensive examples of Australian practice and policy in international law. The format follows that of the first edition, but has been updated to take full account of recent major developments in the last seven years, including the use of force, the role of the United Nations, human rights, and international criminal jurisdiction. Public International Law: An Australian Perspective 2e, explains these developments and specifically draws attention to the Australian dimension, by discussing Australian practice and by showing how these changes impact on Australia. This is the only general international law text that deliberately exploits the Australian dimension and each chapter is written by an acknowledged expert in international law. Provides a detailed and up-to-date analysis of: the use of force; human rights; refugee law; state responsibility; jurisdiction; the law of the sea, international environmental law, Antarctica and international law; and modern trends in international legal theoryProven Features: Well-regarded and established text Explains the essentials of international law in an accessible and analytical way Appeals not only to students of international law, but also to those interested in international affairs Authoritative account of the law in a rapidly expanding area Reader friendly and assumes no prior knowledge of the subject Contains detailed examples of Australian practice and policy in international law and highlights the crucial legal aspects of Australia's place in the modern world Contributions from the leading Australian scholars and practitioners in the field Provides an invaluable foundation for students of international law Contributors: Dr Rosalie Balkin, International Maritime Organisation, London Professor Sam Blay, Faculty of Law, University of Technology Sydney Professor Hilary Charlesworth, Faculty of Law, ANU Professor James Crawford, University of Cambridge Emeritus Professor Don Grieg, Faculty of Law, ANU Professor Stuart Kaye, Faculty of Law, University of Wollongong Wendy Lacey, Law School, University of Adelaide Professor Tim McCormack, Law School, University of Melbourne Professor Robert McCorquodale, University of Nottingham Dr Penelope Mathew, Faculty of Law, ANU Dr Peter Nygh (deceased), formerly Principal Member, Refugee Review Tribunal Brian Opeskin, Commissioner, Australian Law Reform Commission Professor Ryszard Piotrowicz, University of Wales, Aberystwyth Dr Rosemary Rayfuse, Faculty of Law, University of New South Wales Associate Professor Donald Rothwell, Faculty of Law, University of Sydney Professor Ivan Shearer, Faculty of Law, University of Sydney Professor B. Martin Tsamenyi, Faculty of Law, University of Wollongong

The Law Of Armed Conflict And The Use Of Force

Author: Frauke Lachenmann
Publisher: Oxford University Press
ISBN: 0198784627
Size: 70.10 MB
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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.

Promoting Peace Through International Law

Author: Cecilia Marcela Bailliet
Publisher: OUP Oxford
ISBN: 0191034304
Size: 64.34 MB
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Within international law there is no unified concept of peace. This book addresses this gap by considering the liberal conception of peace within Western philosophy alongside the principle of 'peaceful coexistence' supported in the East. By tracing the evolution of the international law of peace through its historical and philosophical origins, this book investigates whether there is a 'right to peace'. The book explores how existing international law and institutions contribute to the establishment of peace, or how they fail to do so. It sets out how international law promotes the negative dimension of peace-the absence of violence-as well as its positive dimension: the presence of underlying conditions for peace. It also investigates whether international actors and institutions have particular obligations in relation to the establishment and maintenance of peace. Discussions include: the relationships between the different regimes of human rights, trade, development, the environment, and regulation of arms trade with peace; the role of women, refugees, and other groups seeking equal treatment; the role of peacekeepers, transitional justice mechanisms, international courts fact-finding missions, and national constitutional frameworks in upholding peace in practice; and how civil society participates in the promotion and safeguarding of peace. The book's comprehensive treatment of the concept of peace in international law makes it an ideal reference work for those working in the field, as well as for students.

Netherlands Yearbook Of International Law 2003

Author: T M C Asser Institute
Publisher: Cambridge University Press
ISBN: 9789067041881
Size: 49.13 MB
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Contains an extensive review of Dutch state practice from the parliamentary year 2001–2002.

The Foundations Of International Investment Law

Author: Zachary Douglas
Publisher: OUP Oxford
ISBN: 0191508586
Size: 60.29 MB
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International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.

Economic Foundations Of International Law

Author: Eric A. Posner
Publisher: Harvard University Press
ISBN: 0674067630
Size: 52.87 MB
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Exchange of goods and ideas among nations, cross-border pollution, global warming, and international crime pose formidable questions for international law. Two respected scholars provide an intellectual framework for assessing these problems from a rational choice perspective and describe conditions under which international law succeeds or fails.