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Technology And The Law On The Use Of Force

Author: Jackson Maogoto
Publisher: Routledge
ISBN: 1134445644
Size: 44.90 MB
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As governmental and non-governmental operations become progressively supported by vast automated systems and electronic data flows, attacks of government information infrastructure, operations and processes pose a serious threat to economic and military interests. In 2007 Estonia suffered a month long cyber assault to its digital infrastructure, described in cyberspace as ‘Web War I’. In 2010, a worm—Stuxnet—was identified as supervisory control and data acquisition systems at Iran’s uranium enrichment plant, presumably in an attempt to set back Iran’s nuclear programme. The dependence upon telecommunications and information infrastructures puts at risk Critical National Infrastructure, and is now at the core of national security interests. This book takes a detailed look at these new theatres of war and considers their relation to international law on the use of force. Except in cases of self-defence or with the authorisation of a Security Council Resolution, the use of force is prohibited under the UN charter and customary international law. However, the law of jus ad bellum was developed in a pre-digital era where current technological capabilities could not be conceived. Jackson Maogoto asks whether the law on the use of force is able to deal with legal disputes likely to arise from modern warfare. Key queries include how one defines an armed attack in an age of anti-satellite weaponry, whether the destruction of a State’s vital digital eco-system or the "blinding" of military communication satellites constitutes a threat, and how one delimits the threshold that would enliven the right of self-defence or retaliatory action. The book argues that while technology has leapt ahead, the legal framework has failed to adapt, rendering States unable to legally defend themselves effectively. The book will be of great interest and use to researchers and students of international law, the law of armed conflict, Information Technology and the law, and counter-terrorism.

Queering International Law

Author: Dianne Otto
Publisher: Routledge
ISBN: 1351971131
Size: 27.83 MB
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This ground-breaking collection reflects the growing momentum of interest in the international legal community in meshing the insights of queer legal theory with those critical theories that have a much longer genealogy – notably postcolonial and feminist analyses. Beyond the push in the human rights field to ensure respect for the rights of people with diverse sexual orientations and gender identities, queer legal theory provides a means to examine the structural assumptions and conceptual architecture that underpin the normative framework and operation of international law, highlighting bias and blind spots and offering fresh perspectives and practical innovations. The contributors to the book use queer legal theory to critically analyse the basic tenets and operations of international law, with many surprising, thought-provoking and instructive results. The volume will be of interest to many scholars, students and researchers in international law, international relations, cultural studies, gender studies, queer studies and postcolonial studies.

Sovereignty Conflicts And International Law And Politics

Author: Jorge E. Núñez
Publisher: Routledge
ISBN: 1351794787
Size: 69.53 MB
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Many conflicts throughout the world can be characterized as sovereignty conflicts in which two states claim exclusive sovereign rights for different reasons over the same piece of land. It is increasingly clear that the available remedies have been less than successful in many of these cases, and that a peaceful and definitive solution is needed. This book proposes a fair and just way of dealing with certain sovereignty conflicts. Drawing on the work of John Rawls in A Theory of Justice, this book considers how distributive justice theories can be in tune with the concept of sovereignty and explores the possibility of a solution for sovereignty conflicts based on Rawlsian methodology. Jorge E. Núñez explores a solution of egalitarian shared sovereignty, evaluating what sorts of institutions and arrangements could, and would, best realize shared sovereignty, and how it might be applied to territory, population, government, and law.

Research Handbook On Disasters And International Law

Author: Susan C. Breau
Publisher: Edward Elgar Publishing
ISBN: 1784717401
Size: 46.61 MB
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International law’s role in governing disasters is undergoing a formative period in its development and reach, in parallel with concerted efforts by the international community to respond more effectively to the increasing number and intensity of disasters across the world. This Research Handbook examines a broad range of legal regimes directly and indirectly relevant to disaster prevention, mitigation and reconstruction across a spectrum of natural and manmade disasters, including armed conflict.

Globalization And National Security

Author: Jonathan Kirshner
Publisher:
ISBN:
Size: 22.30 MB
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Though much has been written on the topics of globalization and national security, there has been relatively little in the way of a systematic examination of the impact that globalization has on a state's national security. In "Globalization and National Security "top scholars of international relations assess the consequences of globalization for national security? The volume identifies three distinct "processes" of globalization - the intensification of economic exchange, the flow of information, and marketization (the expansion of the set of social relations governed by market forces)-and explores how they can affect the capacity and power of states as well as conflict within and among them. Most importantly, the essays deal with how state-less actors, such as terrorists, utilize the benefits of globalization changes the nature of the security game. Failure to account for the influence of globalization will make it increasingly difficult to understand changes in the balance of power, prospects for war, and strategic choices embraced by states.

Pre Crime

Author: Jude McCulloch
Publisher: Routledge
ISBN: 131767023X
Size: 72.80 MB
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Pre-crime aims to pre-empt ‘would-be-criminals’ and predict future crime. Although the term is borrowed from science ?ction, the drive to predict and pre-empt crime is a present-day reality. This book critically explores this major twenty-first century development in crime and justice. This first in-depth study of pre-crime defines and describes different types of pre-crime and compares it to traditional post-crime and crime risk approaches. It analyses the rationales that underpin pre-crime as a response to threats, particularly terrorism, and shows how it is spreading to other areas. It also underlines the historical continuities that prefigure the emergence of pre-crime, as well as exploring the new technologies and forms of surveillance that claim the ability to predict crime and identify future criminals. Through the use of examples and case studies it provides insights into how pre-crime generates the crimes it purports to counter, providing compelling evidence of the problems that arise when we act as if we know the future and aim to control it through punishing, disrupting or incapacitating those we predict might commit future crimes. Drawing on literature from criminology, law, international relations, security and globalization studies, this book sets out a coherent framework for the continued study of pre-crime and addresses key issues such as terminology, its links to past practises, its likely future trajectories and its impact on security, crime and justice. It is essential reading for academics and students in security studies, criminology, counter-terrorism, surveillance, policing and law, as well as practitioners and professionals in these fields.

Die Neuen Kriege

Author: Herfried Münkler
Publisher: Rowohlt Verlag GmbH
ISBN: 3644011214
Size: 53.91 MB
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Das Zeitalter der zwischenstaatlichen Kriege geht offenbar zu Ende. Aber der Krieg ist keineswegs verschwunden, er hat nur seine Erscheinungsform verändert. In den neuen Kriegen spielen nicht mehr die Staaten die Hauptrolle, sondern Warlords, Söldner und Terroristen. Die Gewalt richtet sich vor allem gegen die Zivilbevölkerung; Hochhäuser werden zu Schlachtfeldern, Fernsehbilder zu Waffen. Herfried Münkler macht die Folgen dieser Entwicklung deutlich. Er zeigt, wie mit dem Verschwinden von klassischen Schlachten und Frontlinien auch die Unterscheidung von Krieg und Frieden brüchig geworden ist, und erörtert, wie man den besonderen Gefahren begegnen kann, die von den neuen Kriegen ausgehen.

Routledge Handbook Of Ethics And War

Author: Fritz Allhoff
Publisher: Routledge
ISBN: 1136260994
Size: 74.99 MB
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This new Handbook offers a comprehensive overview of contemporary extensions and alternatives to the just war tradition in the field of the ethics of war. The modern history of just war has typically assumed the primacy of four particular elements: jus ad bellum, jus in bello, the state actor, and the solider. This book will put these four elements under close scrutiny, and will explore how they fare given the following challenges: • What role do the traditional elements of jus ad bellum and jus in bello—and the constituent principles that follow from this distinction—play in modern warfare? Do they adequately account for a normative theory of war? • What is the role of the state in warfare? Is it or should it be the primary actor in just war theory? • Can a just war be understood simply as a response to territorial aggression between state actors, or should other actions be accommodated under legitimate recourse to armed conflict? • Is the idea of combatant qua state-employed soldier a valid ethical characterization of actors in modern warfare? • What role does the technological backdrop of modern warfare play in understanding and realizing just war theories? Over the course of three key sections, the contributors examine these challenges to the just war tradition in a way that invigorates existing discussions and generates new debate on topical and prospective issues in just war theory. This book will be of great interest to students of just war theory, war and ethics, peace and conflict studies, philosophy and security studies.