War, Aggression and Self-Defence

Author: Yoram Dinstein

Publisher: Cambridge University Press

ISBN: 1107191149

Category: Law

Page: 450

View: 8598

Yoram Dinstein's influential War, Aggression and Self-Defence is an indispensable guide to the international legal issues of war and peace.
Posted in Law

War, Aggression and Self-Defence

Author: Yoram Dinstein

Publisher: Cambridge University Press

ISBN: 1108127363

Category: Law

Page: N.A

View: 9288

War, Aggression and Self-Defence is an indispensable guide to international legal issues of war and peace, the crime of aggression, self-defence and its trigger, armed attack, and the different modalities of self-defence, as well as enforcement measures taken under the aegis of a binding decision of the Security Council. This new and fully updated 6th edition focuses on the key issues at the forefront of the contemporary international legal debate, as well as analysing the new armed conflicts in Syria, Ukraine and Georgia, re-examining the Kampala amendments on the crime of aggression and considering the phenomenon of 'robust' mandates of a peacekeeping force. Suitable for graduate and advanced undergraduate students, this market-leading book offers a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence.
Posted in Law

War, Aggression and Self-Defence

Author: Yoram Dinstein

Publisher: Cambridge University Press

ISBN: 1139503170

Category: Law

Page: N.A

View: 3154

Yoram Dinstein's influential textbook is an indispensable guide to the legal issues of war and peace, armed attack, self-defence and enforcement measures taken under the aegis of the Security Council. This fifth edition incorporates recent treaties such as the Kampala amendments of the Statute of the International Criminal Court, new case law from the International Court of Justice and other tribunals, and contemporary doctrinal debates. Several new supplementary sections are also included, which take into account recent conflicts around the world, and consideration is given to new resolutions of the Security Council. With many segments having been rewritten to reflect recent State practice, this book remains a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence.
Posted in Law

War and Self-Defense

Author: David Rodin

Publisher: Oxford University Press

ISBN: 0199257744

Category: History

Page: 213

View: 2029

When is it right to go to war? The most persuasive answer to this question has always been 'in self-defence'. David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defence which resolves many of the perplexing questions that have dogged both jurists and philosophers.
Posted in History

International Law and the Use of Force

Author: Christine Gray

Publisher: Oxford University Press

ISBN: 0198808410

Category: Law

Page: 480

View: 5781

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.
Posted in Law

The Oxford Handbook of the Use of Force in International Law

Author: Marc Weller

Publisher: OUP Oxford

ISBN: 0191653918

Category: Law

Page: 1328

View: 1082

The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.
Posted in Law

Non-International Armed Conflicts in International Law

Author: Yoram Dinstein

Publisher: Cambridge University Press

ISBN: 1316061507

Category: Law

Page: N.A

View: 7274

This dispassionate analysis of the legal implications of non-international armed conflicts explores the rules regulating the conduct of internal hostilities, as well as the consequences of intervention by foreign States, the role of the Security Council, the effects of recognition, State responsibility for wrongdoing by both Governments and insurgents, the interface with the law of human rights and the notion of war crimes. The author addresses both conceptual and specific issues, such as the complexities of 'failing' States or the recruitment and use of child soldiers. He makes use of the extensive case law of international courts and tribunals, in order to identify and set out customary international law. Much attention is also given to the contents of available treaty texts (primarily, the Geneva Conventions, Additional Protocol II and the Rome Statute of the International Criminal Court): what they contain and what they omit.
Posted in Law

International Law and New Wars

Author: Christine Chinkin,Mary Kaldor

Publisher: Cambridge University Press

ISBN: 1316764532

Category: Law

Page: N.A

View: 8480

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.
Posted in Law

Operational Law in International Straits and Current Maritime Security Challenges

Author: Jörg Schildknecht,Rebecca Dickey,Martin Fink,Lisa Ferris

Publisher: Springer

ISBN: 3319727184

Category: Law

Page: 289

View: 6683

This book addresses a wide range of contemporary operational maritime law issues across the spectrum of operations. It provides sophisticated analyses and insights, and offers new interpretations of topics that are directly relevant for contemporary naval operations.The book examines unresolved legal issues in order to provide guidelines for conducting maritime operations, and also offers reference material for general education on the law of naval operations. Further, it serves as a comprehensive resource for operational doctrine and military planning, and presents an approach to dealing with multiple legal issues that demonstrates how modern military operations at sea can legally be executed. Focusing on operational and tactical topics, it is a valuable addition to the bookshelves of military lawyers and operators alike.
Posted in Law

The Law Against War

The Prohibition on the Use of Force in Contemporary International Law

Author: Olivier Corten

Publisher: Bloomsbury Publishing

ISBN: 1847316050

Category: Law

Page: 569

View: 7100

The Law against War is a translated and updated version of a book published in 2008 in French (Le droit contre la guerre, Pedone). The aim of this book is to study the prohibition of the use of armed force in contemporary positive international law. Some commentators claim that the field has undergone substantial changes arising especially since the end of the Cold War in the 1990s. More specifically, several scholars consider that the prohibition laid down as a principle in the United Nations Charter of 1945 should be relaxed in the present-day context of international relations, a change that would seem to be reflected in the emergence of ideas such as 'humanitarian intervention', 'preventive war' or in the possibility of presuming Security Council authorisation under certain exceptional circumstances. The argument in this book is that while marked changes have been observed, above all since the 1990s, the legal regime laid down by the Charter remains founded on a genuine jus contra bellum and not on the jus ad bellum that characterised earlier periods. 'The law against war', as in the title of this book, is a literal rendering of the familiar Latin expression and at the same time it conveys the spirit of a rule that remains, without a doubt, one of the cornerstones of public international law. From the Foreword by Bruno Simma 'Corten's book is weighty not just by its size, but above all through the depth and comprehensiveness with which it analyzes the entirety of what the author calls the law against war, the jus contra bellum... Corten tackles his immense task with a combination of methodical rigour, applying modern positivism and abstaining from constructions of a lex ferenda, and great sensibility for the political context and the ensuing possibilities and limitations of the legal regulation of force.'
Posted in Law

Recourse to Force

State Action against Threats and Armed Attacks

Author: Thomas M. Franck

Publisher: Cambridge University Press

ISBN: 9781139434959

Category: Law

Page: N.A

View: 2689

The nations that drafted the UN Charter in 1945 clearly were more concerned about peace than about justice. As a result, the Charter prohibits all use of force by states except in the event of an armed attack or when authorised by the Security Council. This arrangement has only very imperfectly withstood the test of time and changing world conditions. In requiring states not to use force in self-defence until after they had become the object of an actual armed attack, the Charter failed to address a growing phenomenon of clandestine subversion and of instantaneous nuclear threats. Fortunately although the Charter is very hard to amend, the drafters did agree that it should be interpreted flexibly by the United Nations' principal political institutions. In this way the norms governing use of force in international affairs have been adapted to meet changing circumstances and new challenges. The book also relates these changes in law and practice to changing public values pertaining to the balance between maintaining peace and promoting justice.
Posted in Law

Origins of the Right of Self-Defence in International Law

From the Caroline Incident to the United Nations Charter

Author: Tadashi Mori

Publisher: BRILL

ISBN: 9004355006

Category: Law

Page: 288

View: 4030

This book defines the right of self-defence as understood in and before 1945 and offers a possible better alternative for interpreting the significance of the precondition provided for in the Article 51 of the United Nations Charter.
Posted in Law

Governing the Use-of-Force in International Relations

The Post 9/11 US Challenge on International Law

Author: A. Warren,I. Bode

Publisher: Palgrave Macmillan

ISBN: 9781137411433

Category: Political Science

Page: 234

View: 5842

This book examines US recourse to military force in the post-9/11 era. In particular, it evaluates the extent to which the Bush and Obama administrations viewed legitimizing the greater use-of-force as a necessary solution to thwart the security threat presented by global terrorist networks and WMD proliferation.
Posted in Political Science

Israeli Peace Discourse

A cultural approach to CDA

Author: Dalia Gavriely-Nuri

Publisher: John Benjamins Publishing Company

ISBN: 9027268983

Category: Language Arts & Disciplines

Page: 155

View: 2331

What role do language and discourse play in the advancement of peace? What is the connection between a given society’s “peace language” and the repeated failure of peace initiatives involving it? At the heart of this book lie these basic questions and the attempt to shed light on them from new angles. The book focuses on an analysis of Israeli peace discourse and indicates the need for change in this discourse in order to promote a “culture of peace”. It presents the process of peace-estrangement, a set of linguistic, discursive and cultural devices intended for creating doubt regarding the positive meaning associated with the concept of peace. The approach adopted in this book is the Cultural Approach to Critical Discourse Analysis (CCDA). This approach aims at exposing the cultural codes embedded in the discourse, which contribute to reproducing abuses of social power. The analytic chapters focus on different historical periods, since the beginning of the 20th century to this day, and deal with various genres found in diverse corpora, such as Knesset records and school textbooks.
Posted in Language Arts & Disciplines

'Armed Attack' and Article 51 of the UN Charter

Evolutions in Customary Law and Practice

Author: Tom Ruys

Publisher: Cambridge University Press

ISBN: 113949483X

Category: Law

Page: N.A

View: 5909

This book examines to what extent the right of self-defence, as laid down in Article 51 of the Charter of the United Nations, permits States to launch military operations against other States. In particular, it focuses on the occurrence of an 'armed attack' - the crucial trigger for the activation of this right. In light of the developments since 9/11, the author analyses relevant physical and verbal customary practice, ranging from the 1974 Definition of Aggression to recent incidents such as the 2001 US intervention in Afghanistan and the 2006 Israeli intervention in Lebanon. The notion of 'armed attack' is examined from a threefold perspective. What acts can be regarded as an 'armed attack'? When can an 'armed attack' be considered to take place? And from whom must an 'armed attack' emanate? By way of conclusion, the different findings are brought together in a draft 'Definition of Armed Attack'.
Posted in Law

Historical Review of Developments Relating to Aggression

Author: United Nations

Publisher: United Nations Publications

ISBN: 9789211335385

Category: Law

Page: 430

View: 2199

This report was prepared for the Working Group on the Crime of Aggression at the 8th session of Preparatory Commission, held in September-October 2001. The paper consists of four parts relating to: the Nuremberg tribunal; tribunals establish pursuant to Control Council Law number 10; the Tokyo tribunal; and the United Nations. Annexes contain tables regarding aggression by a State and individual responsibility for crimes against peace. The paper seeks to provide an objective, analytical overview of the history and major developments relating to aggression, both before and after the adoption of the UN Charter.
Posted in Law

International Law and the Use of Force by States

Author: Ian Brownlie

Publisher: Oxford University Press on Demand

ISBN: 9780198251583

Category: Philosophy

Page: 532

View: 1721

The author pursues, on historic lines, an estimation of the extent of legal prohibition of the use of force by states. He includes the deliberations and findings of political organs of the League of Nations and the United Nations, as well as a study of the quality of prohibition of force.
Posted in Philosophy

Human Rights and Personal Self-Defense in International Law

Author: Jan Arno Hessbruegge

Publisher: Oxford University Press

ISBN: 019065502X

Category:

Page: 400

View: 9745

Based on author's thesis (doctoral - European University Viadrina in Frankfurt (Oder), Germany, 2016) isued under title: The right to personal self-defence as a general principle of law and its general application in international human rights law.
Posted in

Terrorism, War and International Law

The Legality of the Use of Force Against Afghanistan in 2001

Author: Myra Williamson

Publisher: Routledge

ISBN: 1317045947

Category: Law

Page: 294

View: 6051

This book analyzes the legality of the use of force by the US, the UK and their NATO allies against Afghanistan in 2001. The work challenges the main ground for resorting to force, namely, self-defence under Article 51 of the United Nations' Charter, by examining each element of Article 51 that ought to have been satisfied in order to legitimise the use of force. It also examines the wider context, including comparable Security Council resolutions in historic situations as well as modern instances where force has been used, such as against Iraq in 2003 and against Lebanon in 2006. As well as making the case against the legality of the use of force, the book addresses wider questions such as the meaning of 'terrorism' in international law, the changing nature of conflict in the twentieth and twenty-first centuries including the impact of non-state actors and an overview of terrorism trends as well as the evolution of limitations on the resort to force from the League of Nations through to 2001. The book concludes with some insight into the possible future implications for the use of force by states, particularly when force is purportedly justified on the grounds of self-defence.
Posted in Law