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Order Within Anarchy

Author: James D. Morrow
Publisher: Cambridge University Press
ISBN: 1139992899
Size: 46.54 MB
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Order within Anarchy focuses on how the laws of war create strategic expectations about how states and their soldiers will act during war, which can help produce restraint. The success of the laws of war depends on three related factors: compliance between warring states and between soldiers on the battlefield, and control of soldiers by their militaries. A statistical study of compliance of the laws of war during the twentieth century shows that joint ratification strengthens both compliance and reciprocity, compliance varies across issues with the scope for individual violations, and violations occur early in war. Close study of the treatment of prisoners of war during World Wars I and II demonstrates the difficulties posed by states' varied willingness to limit violence, a lack of clarity about what restraint means, and the practical problems of restraint on the battlefield.

Wars Of Law

Author: Tanisha M. Fazal
Publisher: Cornell University Press
ISBN: 1501719793
Size: 43.94 MB
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"This book assesses the unintended consequences of the proliferation of the laws of war for both interstate and civil wars over the past two centuries"--

The Grey Zone

Author: Mark Lattimer
Publisher: Bloomsbury Publishing
ISBN: 150990865X
Size: 72.57 MB
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The high civilian death toll in modern, protracted conflicts such as those in Syria or Iraq indicate the limits of international law in offering protections to civilians at risk. A recent conference of states convened by the International Committee of the Red Cross referred to 'an institutional vacuum in the area of international humanitarian law implementation'. Yet both international humanitarian law and the law of human rights establish a series of rights intended to protect civilians. But which law or laws apply in a particular situation, and what are the obstacles to their implementation? How can the law offer greater protections to civilians caught up in new methods of warfare, such as drone strikes, or targeted by new forms of military organisation, such as transnational armed groups? Can the implementation gap be filled by the growing use of human rights courts to remedy violations of the laws of armed conflict, or are new instruments or mechanisms of civilian legal protection needed? This volume brings together contributions from leading academic authorities and legal practitioners on the situation of civilians in the grey zone between human rights and the laws of war. The chapters in Part 1 address key contested or boundary issues in defining the rights of civilians or non-combatants in today's conflicts. Those in Part 2 examine remedies and current mechanisms for redress both at the international and national level, and those in Part 3 assess prospects for the development of new mechanisms for addressing violations. As military intervention to protect civilians remains contested, this volume looks at the potential for developing alternative approaches to the protection of civilians and their rights.

Life And Death In Captivity

Author: Wallace Geoffrey P R
Publisher: Cornell University Press
ISBN: 080145574X
Size: 75.98 MB
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Why are prisoners horribly abused in some wars but humanely cared for in others? This book explores the profound differences in the ways that captives are treated during armed conflict. It focuses on the dual role played by regime type and the nature of the conflict in determining whether captor states opt for brutality or mercy. Integrating original data on prisoner treatment during the last century of interstate warfare with in-depth historical cases, the book demonstrates how domestic constraints and external incentives shape the fate of captured enemy combatants.

The Continent Of International Law

Author: Barbara Koremenos
Publisher: Cambridge University Press
ISBN: 1316586375
Size: 51.27 MB
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Every year, states negotiate, conclude, sign, and give effect to hundreds of new international agreements. Koremenos argues that the detailed design provisions of such agreements matter for phenomena that scholars, policymakers, and the public care about: when and how international cooperation occurs and is maintained. Theoretically, Koremenos develops hypotheses regarding how cooperation problems like incentives to cheat can be confronted and moderated through law's detailed design provisions. Empirically, she exploits her data set composed of a random sample of international agreements in economics, the environment, human rights and security. Her theory and testing lead to a consequential discovery: considering the vagaries of international politics, international cooperation looks more law-like than anarchical, with the detailed provisions of international law chosen in ways that increase the prospects and robustness of cooperation. This nuanced and sophisticated 'continent of international law' can speak to scholars in any discipline where institutions, and thus institutional design, matter.

Violence And Restraint In Civil War

Author: Jessica A. Stanton
Publisher: Cambridge University Press
ISBN: 1107069106
Size: 59.23 MB
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Discusses strategic choices governments and rebel groups make to use violence against civilians or to exercise restraint in civil war.

From Slaves To Prisoners Of War

Author: Will Smiley
Publisher: Oxford University Press
ISBN: 0191088196
Size: 73.55 MB
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The Ottoman-Russian wars of the eighteenth century reshaped the map of Eurasia and the Middle East, but they also birthed a novel concept - the prisoner of war. For centuries, hundreds of thousands of captives, civilians and soldiers alike, crossed the legal and social boundaries of these empires, destined for either ransom or enslavement. But in the eighteenth century, the Ottoman state and its Russian rival, through conflict and diplomacy, worked out a new system of regional international law. Ransom was abolished; soldiers became prisoners of war; and some slaves gained new paths to release, while others were left entirely unprotected. These rules delineated sovereignty, redefined individuals' relationships to states, and prioritized political identity over economic value. In the process, the Ottomans marked out a parallel, non-Western path toward elements of modern international law. Yet this was not a story of European imposition or imitation-the Ottomans acted for their own reasons, maintaining their commitment to Islamic law. For a time even European empires played by these rules, until they were subsumed into the codified global law of war in the late nineteenth century. This story offers new perspectives on the histories of the Ottoman and Russian Empires, of slavery, and of international law.

From International To World Society

Author: Barry Buzan
Publisher: Cambridge University Press
ISBN: 9780521541213
Size: 30.99 MB
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In this 2004 book, Barry Buzan offers an extensive critique and reappraisal of the English school approach to International Relations. Starting on the neglected concept of world society and bringing together the international society tradition and the Wendtian mode of constructivism, Buzan offers a new theoretical framework that can be used to address globalisation as a complex political interplay among state and non-state actors. This approach forces English school theory to confront neglected questions about both its basic concepts and assumptions, and about the constitution of society in terms of what values are shared, how and why they are shared, and by whom. Buzan highlights the idea of primary institutions as the central contribution of English school theory and shows how this both differentiates English school theory from realism and neoliberal institutionalism, and how it can be used to generate distinctive comparative and historical accounts of international society.

Brazil On The Global Stage

Author: Oliver Stuenkel
Publisher: Springer
ISBN: 1137491655
Size: 54.11 MB
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In the past generation, Brazil has risen to become the seventh largest economy and fourth largest democracy in the world. Yet its rise challenges the conventional wisdom that capitalist democracies will necessarily converge to become faithful adherents of a US-led global liberal order. Indeed, Brazil demonstrates that middle powers, even those of a deeply democratic bent, may differ in their views of what democracy means on the global stage and how international relations should be conducted among sovereign nations. This volume explores Brazil's postures on specific aspects of foreign relations, including trade, foreign and environmental policy, humanitarian intervention, nuclear proliferation and South-South relations, among other topics. The authors argue from a variety of perspectives that, even as Brazil seeks greater integration and recognition, it also brings challenges to the status quo that are emblematic of the tensions accompanying the rise to prominence of a number of middle powers in an increasingly multipolar world system.

International Organizations

Author: Ian Hurd
Publisher: Cambridge University Press
ISBN: 1107183308
Size: 52.32 MB
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Updated throughout, this is the third edition of Ian Hurd's lively introduction to the law and politics of international organizations.