international law and the use of force beyond the u n charter paradigm

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International Law And The Use Of Force

Author : Anthony Clark Arend
ISBN : 9781136143724
Genre : Political Science
File Size : 83. 97 MB
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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.

International Law And The Use Of Force

Author : Anthony Clark Arend
ISBN : OCLC:59915999
Genre : Guerre (Droit international)
File Size : 66. 3 MB
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International Law And The Rise Of Nations

Author : Robert J. Beck
ISBN : STANFORD:36105110388258
Genre : Law
File Size : 76. 89 MB
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Among the Significant consequences of the Cold War's end have been the rise of nations and the challenges that these nations present for global order and international law. Taking a unique approach to explore this phenomenon, Beck and Ambrosio consider three principal themes: the emergence of nations, the international legal challenges that such nations pose, and international legal efforts to accommodate nations within the global state system. Seminal works by celebrated scholars and new contributions are featured alongside focus essays and bibliographies to place the selected readings in context. Students of international law, political science, and ethnic studies will find this book valuable for its focus on an overlooked but important subject. Book jacket.

International Law And The Use Of Force

Author : Christine Gray
ISBN : 9780198808411
Genre : Law
File Size : 43. 41 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.

International Law On Peacekeeping

Author : Hitoshi Nasu
ISBN : 9789004172265
Genre : Law
File Size : 77. 18 MB
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It is generally considered that the UN Security Council has been galvanised since the end of the Cold War. However, the existence and development of armed conflicts remain the reality in the international scene. Is the upsurge in instances of invoking Chapter VII of the UN Charter truly a sign of the invigoration of the Security Councila (TM)s authority or mere evidence of its failure to prevent the aggravation of armed conflicts? To what extent is the Security Council authorised to exercise the peacekeeping power in order to take a more flexible approach to conflict management from an earlier stage of conflict? This book explores the potential of the UN peacekeeping power, placing Article 40 of the UN Charter at the centre of the legal regime governing peacekeeping measures. It traces the origins of peacekeeping measures primarily in the experience of the League of Nations and identifies Article 40 of the Charter as the primary legal basis for, and the legal restraints upon, the exercise of the peacekeeping power. It examines the regulatory framework within which the United Nations, particularly the Security Council, is authorised and may even be required to direct peacekeeping measures to prevent the aggravation of armed conflicts. It suggests that the legal accountability of the Security Council in directing peacekeeping measures will be enhanced by utilising procedural mechanisms for self-regulation

Genocide At The Millennium

Author : Samuel Totten
ISBN : 9781351517836
Genre : Political Science
File Size : 66. 94 MB
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"Genocide at the Millennium is the fifth volume in the acclaimed series Genocide: A Critical Bibliographical Review. This latest volume's focus is both the genocidal activity that has taken place over the past fourteen years (including that in Rwanda and the former Yugoslavia) as well as a critique of the international community's response to genocide and potential genocidal situations (including those of the United Nations and nongovernmental organizations).Genocide at the Millennium is divided into ten chapters. The opening chapter treats the Yugoslav genocide, discussing the causes of the conflict, the violence that ensued, the reaction of the international community, and the ramifications that are still being felt in that part of the world today. Chapter 2 provides a detailed and thought-provoking examination of the causes, results and ramifications of the 1994 Rwandan genocide. Chapter 3 examines the conflict in Kosovo and the events surrounding the controversial intervention by NATO. Chapter 4 discusses the remarkable efforts and successes that various non-governmental agencies have had in addressing a wide variety of issues related to genocide. Chapter 5 examines the United Nations' efforts to address the issue of genocide at the turn of the century. The role of individual states confronting issues and cases of genocide is analyzed in chapter 6. Chapter 7 gives a solid overview of the evolution of international law as it pertains to the crime of genocide and how and why major changes in such law have begun to take place in the 1990s and early 2000s. The international criminal tribunals for Rwanda and the former Yugoslavia are considered in chapters 8 and 9. The concluding chapter provides an extremely detailed and highly informative overview of key aspects of the International Criminal Court.In keeping with the multidisciplinary approach of previous volumes in the series, each of the essays and accompanying annotated"

The Conduct Of Hostilities Under The Law Of International Armed Conflict

Author : Yoram Dinstein
ISBN : 9781316453827
Genre : Law
File Size : 76. 31 MB
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Written by the leading commentator on the subject, this is the seminal textbook on the law of international armed conflict. Focusing on recent issues arising in the course of hostilities between States, it explores the dividing line between lawful and unlawful combatants, the meaning of war crimes and command responsibility, the range of prohibited weapons, the distinction between combatants and civilians, the parameters of targeting and proportionality, the loss of protection from attack (including 'direct participation in hostilities') and special protection (granted, pre-eminently, to the environment and to cultural property). In a completely revised and updated text, the author expertly covers the key principles and includes important new issues, including the use of autonomous weapons and the complexities of urban warfare. The subtleties and nuances of the international law of armed conflict are made accessible to the student and practitioner alike, whilst retaining the academic rigour of previous editions.

The Right To National Self Defense

Author : D. Delibasis
ISBN : 0955605512
Genre : Law
File Size : 75. 12 MB
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Aims to demonstrate that the advent of Cyberwarfare has pushed traditional legal thinking regarding the regulation of forcible action beyond traditional boundaries. This title sets a paradigm with regard to Cyberwarfare as well as with other methods of warfare which escape the boundaries of the traditional State monopoly of the use of force.

The Responsibility To Protect R2p

Author : Peter Hilpold
ISBN : 9789004230002
Genre : Law
File Size : 40. 58 MB
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R2P is a much discussed concept of International Law. This volume contains an in-depth inquiry into this concept by renowned international lawyers.

Politicizing The International Criminal Court

Author : Steven C. Roach
ISBN : 9781461641001
Genre : Political Science
File Size : 31. 70 MB
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This innovative and systematic work on the political and ethical dimensions of the International Criminal Court (ICC) is the first comprehensive attempt to situate the politics of the ICC both theoretically and practically. Steering a new path between conventional approaches that stress the formal link between legitimacy and legal neutrality, and unconventional approaches that treat legitimacy and politics as inextricable elements of a repressive international legal order, Steven C. Roach formulates the concept of political legalism, which calls for a self-directed and engaged application of the legal rules and principles of the ICC Statute. Politicizing the International Criminal Court is a must-read for scholars, students, and policymakers interested in the dynamics of this important international institution.

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