The Law and Practice of International Territorial Administration

Versailles to Iraq and Beyond

Author: Carsten Stahn

Publisher: Cambridge University Press

ISBN: 0521878004

Category: Law

Page: 828

View: 3658

Dr Carsten Stahn traces the historical background, practice and legal challenges of international territorial administration.
Posted in Law

Post-conflict Administrations in International Law

International Territorial Administration, Transitional Authority and Foreign Occupation in Theory and Practice

Author: Eric de Brabandere

Publisher: BRILL

ISBN: 9004180826

Category: Law

Page: 352

View: 6873

Drawing on the context in which the administration of territory by international actors has resurfaced, and on the legal framework applicable to post-conflict administrations and peace-building operations, this book analyses the practice of the reconstruction processes in Kosovo, East Timor, Afghanistan and Iraq.
Posted in Law

The Law and Practice of the International Criminal Court

Author: Carsten Stahn

Publisher: OUP Oxford

ISBN: 0191015296

Category: Law

Page: 840

View: 8204

Some parts of this publication are open access, available under the terms of a CC BY-NC-ND 4.0 International licence. Chapters 2, 4, 10, 47 and 49 are offered as a free PDF download from OUP and selected open access locations. The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparallelled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organised along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law.
Posted in Law

International Territorial Administration

How Trusteeship and the Civilizing Mission Never Went Away

Author: Ralph Wilde

Publisher: Oxford University Press

ISBN: 0199577897

Category: Law

Page: 640

View: 853

This is the first comprehensive treatment of the reasons why international organizations have engaged in territorial administration. The book describes the role of international territorial administration and analyses the various purposes associated with this activity, revealing the objectives which territorial administration seeks to achieve.
Posted in Law

The International Law of Occupation

Author: Eyal Benvenisti

Publisher: Oxford University Press

ISBN: 0199588899

Category: History

Page: 383

View: 433

Originally published: Princeton, N.J.: Princeton University Press, 1993.
Posted in History

Das Kosovo-Gutachten des IGH vom 22. Juli 2010

Author: N.A

Publisher: Martinus Nijhoff Publishers

ISBN: 9004204822

Category: Law

Page: 317

View: 8390

The ICJ ́s Opinion on Kosovo of 22 July 2010 has touched upon many pivotal questions of international law. This book contains a comprehensive stock-taking on this subject written by several international law experts from different European countries. Das IGH-Gutachten zum Kosovo vom 22. Juli 2010 spricht eine Vielzahl an grundlegenden Fragen des internationalen Rechts an. Dieser Band enthält eine grundlegende Bestandsaufnahme zu dieser Thematik mit Beiträgen einer Reihe von Autoren aus verschiedenen europäischen Staaten.
Posted in Law

The Counterinsurgent's Constitution

Law in the Age of Small Wars

Author: Ganesh Sitaraman

Publisher: Oxford University Press

ISBN: 0199986908

Category: Law

Page: 352

View: 1826

Since the "surge" in Iraq in 2006, counterinsurgency effectively became America's dominant approach for fighting wars. Yet many of the major controversies and debates surrounding counterinsurgency have turned not on military questions but on legal ones: Who can the military attack with drones? Is the occupation of Iraq legitimate? What tradeoffs should the military make between self-protection and civilian casualties? What is the right framework for negotiating with the Taliban? How can we build the rule of law in Afghanistan? The Counterinsurgent's Constitution tackles this wide range of legal issues from the vantage point of counterinsurgency strategy. Ganesh Sitaraman explains why law matters in counterinsurgency: how it operates on the ground and how law and counterinsurgency strategy can be better integrated. Counterinsurgency, Sitaraman notes, focuses on winning over the population, providing essential services, building political and legal institutions, and fostering economic development. So, unlike in conventional war, where law places humanitarian restraints on combat, law and counterinsurgency are well aligned and reinforce one another. Indeed, following the law and building the rule of law is not just the right thing to do, it is strategically beneficial. Moreover, reconciliation with enemies can both help to end the conflict and preserve the possibility of justice for war crimes. Following the rule of law is an important element of success. The first book on law and counterinsurgency strategy, The Counterinsurgent's Constitution seamlessly integrates law and military strategy to illuminate some of the most pressing issues in warfare and the transition from war to peace. Its lessons also apply to conflicts in Libya and other hot-spots in the Middle East.
Posted in Law

International Law and the Construction of the Liberal Peace

Author: Russell Buchan

Publisher: A&C Black

ISBN: 1782251774

Category: Law

Page: 258

View: 691

This book argues that since the end of the Cold War an international community of liberal states has crystallised within the broader international society of sovereign states. Significantly, this international community has demonstrated a tendency to deny non-liberal states their previously held sovereign right to non-intervention. Instead, the international community considers only those states that demonstrate respect for liberal democratic standards to be sovereign equals. Indeed the international community, motivated by the theory that international peace and security can only be achieved in a world composed exclusively of liberal states, has engaged in a sustained campaign to promote its liberal values to non-liberal states. This campaign has had (and continues to have) a profound impact upon the structure and content of international law. In light of this, this book deploys the concepts of the international society and the international community in order to construct an explanatory framework that can enable us to better understand recent changes to the political and legal structure of the world order and why violations of international peace and security occur.
Posted in Law

Human Rights

Between Idealism and Realism

Author: Christian Tomuschat

Publisher: OUP Oxford

ISBN: 0191506699

Category: Political Science

Page: 512

View: 8067

This third edition of Human Rights: Between Idealism and Realism presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy. In particular, he covers the concept of universality and the widely used model that classifies human rights into clusters of different 'generations'. In this edition, the author brings together the fundamental aspects of human rights law, addressing human dignity as the ethical foundation of human rights, the principle of equality and non-discrimination as the essence of any culture of human rights, the protections against racial discrimination and discrimination against women, and assesses the individual as a subject of international law. The volume then moves on to assess the activities of the political institutions of the United Nations, the expert bodies established by the relevant treaties, and the international tribunals specifically entrusted at the regional level with protecting human rights. This edition also includes specific analysis of the actions mandated by the UN Security Council against Libya in 2011. It also includes greater coverage of the jurisprudence of the Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights. The author explains how and why the classical array of politically inspired informal devices has been enriched by the addition of international criminal procedures and by endeavours to introduce civil suits against alleged individual violators of human rights. Finally, the volume is rounded off by a consideration of the importance of humanitarian law as an instrument for the protection of human life and dignity and an exploration of the future of human rights.
Posted in Political Science

Accountability Of Peace Support Operations

Author: M. C. Zwanenburg

Publisher: Martinus Nijhoff Publishers

ISBN: 9004143505

Category: Law

Page: 363

View: 3442

Quis custodiet ipsos custodies? In other words, who guards the guardians? At a time when the mandate of many peace support operations includes halting violations of international humanitarian law by third parties, there is still a lack of clarity concerning accountability of peace support operations themselves. This book addresses that accountability, focusing on peace support operations under the command and control of the United Nations and the North Atlantic Treaty Organization. It is concerned with the accountability of international organizations as well as troops contributing and member states, but not of individuals. Drawing on existing and emerging doctrines of international law, including the law of state responsibility, the law of responsibility of international organizations, international institutional law and international humanitarian law, and on the basis of state practice, this book makes a strong plea for improving mechanisms to implement the accountability of peace support operations under international humanitarian law. The Paul Reuter Prize 2006 was awarded to Marten Zwanenburg for this book.
Posted in Law

Formalizing Displacement

International Law and Population Transfers

Author: Umut Özsu

Publisher: OUP Oxford

ISBN: 0191026891

Category: Law

Page: 208

View: 9373

Large-scale population transfers are immensely disruptive. Interestingly, though, their legal status has shifted considerably over time. In this book, Umut Özsu situates population transfer within the broader history of international law by examining its emergence as a legally formalized mechanism of nation-building in the early twentieth century. The book's principal focus is the 1922-34 compulsory exchange of minorities between Greece and Turkey, a crucially important endeavour whose legal dimensions remain under-scrutinized. Drawing upon historical sociology and economic history in addition to positive international law, the book interrogates received assumptions about international law's history by exploring the 'semi-peripheral' context within which legally formalized population transfers came to arise. Supported by the League of Nations, the 1922-34 population exchange reconfigured the demographic composition of Greece and Turkey with the aim of stabilizing a region that was regarded neither as European nor as non-European. The scope and ambition of the undertaking was staggering: over one million were expelled from Turkey, and over a quarter of a million were expelled from Greece. The book begins by assessing minority protection's development into an instrument of intra-European governance during the course of the nineteenth and early twentieth centuries. It then shows how population transfer emerged in the 1910s and 1920s as a radical alternative to minority protection in Anatolia and the Balkans, focusing in particular on the 1922-3 Conference of Lausanne, at which a peace settlement formalizing the compulsory Greek-Turkish exchange was concluded. Finally, it analyses the Permanent Court of International Justice's 1925 advisory opinion in Exchange of Greek and Turkish Populations, contextualizing it in the wide-ranging debates concerning humanitarianism and internationalism that pervaded much of the exchange process.
Posted in Law

International Organizations and the Idea of Autonomy

Institutional Independence in the International Legal Order

Author: Richard Collins,Nigel D. White

Publisher: Routledge

ISBN: 1136806059

Category: Law

Page: 464

View: 888

International Organizations and the Idea of Autonomy is an exploratory text looking at the idea of intergovernmental organizations as autonomous international actors. In the context of concerns over the accountability of powerful international actors exercising increasing levels of legal and political authority, in areas as diverse as education, health, financial markets and international security, the book comes at a crucial time. Including contributions from leading scholars in the fields of international law, politics and governance, it addresses themes of institutional autonomy in international law and governance from a range of theoretical and subject-specific contexts. The collection looks internally at aspects of the institutional law of international organizations and the workings of specific regimes and institutions, as well as externally at the proliferation of autonomous organizations in the international legal order as a whole. Although primarily a legal text, the book takes a broad, thematic and inter-disciplinary approach. In this respect, International Organizations and the Idea of Autonomy offers an excellent resource for both practitioners and students undertaking courses of advanced study in international law, the law of international organizations, global governance, as well as aspects of international relations and organization.
Posted in Law

Economic, Social, and Cultural Rights in Armed Conflict

Author: Gilles Giacca

Publisher: OUP Oxford

ISBN: 0191026913

Category: Law

Page: 414

View: 2153

This book addresses the international legal obligation to protect economic, social, and cultural human rights in times of armed conflict and other situations of armed violence. These rights provide guarantees to individuals of their fundamental rights to work, to an adequate standard of living (food, water, housing), to education, and to health. Armed violence can take many forms, from civil unrest or protest and other forms of internal disturbances and tensions to higher levels of violence that may amount to armed conflict, whether of an international or of a non-international character. However, in all such cases the protection of ESC rights is sorely challenged. Situations of actual or potential violence present a number of challenges to the application and implementation of human rights law in general and socio-economic rights obligations more specifically. This book sets out the legal framework, defining what constitutes a minimum universal standard of human rights protection applicable in all circumstances. It assesses the concept and content of ESC rights' obligations, and evaluates how far they can be legally applicable in various scenarios of armed violence. By looking at the specific human rights treaty provisions, it discusses how far ESC rights obligations can be affected by practical and legal challenges to their implementation. The book addresses the key issues facing the protection of such rights in times of armed conflict: the legal conditions to limit ESC rights on security grounds, including the use of force; the extraterritorial applicability of international human rights treaties setting out ESC rights; the relationship between human rights law and international humanitarian law; and the obligations of non-state actors under human rights law and with particular relevance to the protection of ESC rights. The book assesses the nature of these potential challenges to the protection of ESC rights, and offers solutions to reinforce their continued application.
Posted in Law

Von Triest nach Osttimor

Der völkerrechtliche Rahmen für die Verwaltung von Krisengebieten durch die Vereinten Nationen

Author: Hans Fabian Kiderlen

Publisher: Springer-Verlag

ISBN: 3540775250

Category: Political Science

Page: 528

View: 9463

Die UN-Verwaltungen im Kosovo und Osttimor haben den Blick der Öffentlichkeit auf die Verwaltung von Krisengebieten durch die Vereinten Nationen gelenkt, die in eben diesen Gebieten alle drei Staatsgewalten auf sich vereint haben. Vor diesem Hintergrund legt der Autor umfassend die völkerrechtlichen Grundlagen und Grenzen einer Ausübung territorialer Hoheitsgewalt durch die Vereinten Nationen in Krisengebieten dar. Ausführlich werden dabei auch die praktischen Probleme einer Krisengebietsverwaltung einer rechtlichen Würdigung unterzogen.
Posted in Political Science

The Human Rights Treaty Obligations of Peacekeepers

Author: Kjetil Mujezinović Larsen

Publisher: Cambridge University Press

ISBN: 1107017076

Category: Law

Page: 473

View: 3846

Develops a coherent and realistic legal framework which strengthens the human rights protection and the accountability mechanisms in peace operations.
Posted in Law

State-Building

Theory and Practice

Author: Aidan Hehir,Neil Robinson

Publisher: Routledge

ISBN: 1134160208

Category: Political Science

Page: 216

View: 5483

This study brings together internationally renowned academics to provide a detailed insight into the theory and practice of state-building. State-building is one of the dominant themes in contemporary international relations. This text addresses both the theoretical logic behind state-building and key practical manifestations of this phenomenon. Unlike ‘how-to’ manuals that seek to identify best practice, this book interrogates the normative assumptions inherent in this practice and the manner in which state-building impacts on contemporary international relations. The logic of state-building is explored and analyzed providing insight into the historical context that catalyzed this process, the relationship between international law and the practice of international administration, and the political ramifications and implications of external governance. Case studies on Bosnia, Kosovo and East Timor provide practical examples of key contradictions within the state-building process, highlighting the lack of accountability, democracy and vision manifest in these operations. Offering a coherent critical analysis of an increasingly important international issue, State-Building will appeal to students and scholars of international relations, comparative politics and political theory.
Posted in Political Science

The Law And Practice Of The International Court, 1920-2005

Author: Shabtai Rosenne,Yaël Ronen

Publisher: Martinus Nijhoff Publishers

ISBN: 9004139583

Category: Law

Page: 1

View: 9015

The popularity of his monumental and definitive works have established Shabtai Rosenne as the undisputed expert on the International Court of Justice s law and practice. His broad exchange of correspondence and extensive conversations with members of the Court and its Registrars, as well as with other friends who know the Court and its practices well, and his experience in the Court and in the UN, especially the General Assembly and the Security Council, led him to undertake this major reconstruction of this work in the previous edition. Now divided into several substantive volumes, the work addresses: The Court as one of the principal organs, and as the principal judicial organ of the United Nations. Diplomats and legal advisers who have to deal with matters relating to the Court on a political level, in different organs of the United Nations and in other offices will appreciate the full discussion of the diplomatic, political, and administrative aspects of the Court s affairs. Jurisdiction and the treatment of jurisdictional matters by the Court. This volume also includes the Court s advisory jurisdiction; the advisory work has related to very difficult legal issues in matters of major political import. The Court s procedure.All of these arenas have undergone significant recent changes. The work s practical features include the English text of the Charter of the United Nations, the Statute of the Court, the Practice Directions, and the 1978 Rules of the Court, together with a full set of indexes. The Fourth Edition (updated until 31 December 2005) of The Law and Practice of the International Court is an essential component of all international law libraries and an indispensable work for those practicing in the field, all of whom will appreciate access to the most recent work on the Court from this expert author.
Posted in Law

The Handbook of Global Security Policy

Author: Mary Kaldor,Iavor Rangelov

Publisher: John Wiley & Sons

ISBN: 1118533798

Category: Political Science

Page: 560

View: 1179

This Handbook brings together 30 state-of-the-art essays covering the essential aspects of global security research and practice for the 21st century. Embraces a broad definition of security that extends beyond the threat of foreign military attack to cover new risks for violence Offers comprehensive coverage framed around key security concepts, risks, policy tools, and global security actors Discusses pressing contemporary issues including terrorism, disarmament, genocide, sustainability, international peacekeeping, state-building, natural disasters, energy and food security, climate change, and cyber warfare Includes insightful and accessible contributions from around the world aimed at a broad base of scholars, students, practitioners, and policymakers
Posted in Political Science

Exit Strategies and State Building

Author: Richard Caplan

Publisher: Oxford University Press

ISBN: 0199942706

Category: Political Science

Page: 352

View: 849

In the past two decades, states and multilateral organizations have devoted considerable resources toward efforts to stabilize peace and rebuild war-torn societies in places such as Afghanistan, Iraq, Kosovo, and Sierra Leone. Despite these prodigious efforts, there has been relatively little consideration of the critical questions arising from the "end game" of state-building operations. In Exit Strategies and State Building, sixteen leading scholars and practitioners focus on relevant historical and contemporary cases of exit to provide a comprehensive overview of this crucial issue. By examining the major challenges associated with the conclusion of international state-building operations and the requirements for the maintenance of peace in the period following exit, this book provides unique perspective on a critical aspect of military and political intervention. Deftly researched, Exit Strategies and State Building sheds new light on what is not merely an academic issue, but also a pressing global policy concern.
Posted in Political Science

The UN, Human Rights and Post-conflict Situations

Author: N. D. White,Dirk Klaasen

Publisher: Manchester University Press

ISBN: 9780719068669

Category: Human rights

Page: 500

View: 2655

The United Nations is one of the largest providers of assistance in post-conflict situations in the world. This book considers the human rights standards applicable to the United Nations and applied by the United Nations in post-conflict situations, including East Timor, Kosovo and Afghanistan. It looks at legal principles, peace agreements, support of democracy, human rights protection, development and other forms of reconstruction with which the UN has become involved, including the grandly-named task of 'state-building'. It deals both with the obligation upon the UN to respect human rights in post-conflict situations, and the obligation upon the UN to ensure that human rights are respected by those in positions of power in post-conflict situations. Written by an internationally renowned list of contributors, this book will be of vital use to anyone studying conflict analysis, international relations, international law and the role of the United Nations on the world stage.
Posted in Human rights