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The Law On The Use Of Force

Author: Gina Heathcote
Publisher: Routledge
ISBN: 1136628010
Size: 62.57 MB
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The book presents the international laws on the use of force whilst demonstrating the unique insight a feminist analysis offers this central area of international law. The book highlights key conceptual barriers to the enhanced application of the law of the use of force, and develops international feminist method through rigorous engagement with the key writers in the field The book looks at the key aspects of the UN Charter relevant to the use of force – Article 2(4), Article 51 and Chapter VII powers – as well as engaging with contemporary debates on the possibility of justified force to meet self-determination or humanitarian goals. The text also discusses the arguments in favour of the use of pre-emptive force and reflects on the role feminist legal theories can play in exposing the inconsistencies of contemporary arguments for justified force under the banner of the war on terror. Throughout the text state practice and institutional documentation are analysed, alongside key instances of the use of force. The book makes a genuine, urgently needed contribution to a central area of international law, demonstrating the capacity of feminist legal theories to enlarge our understanding of key international legal dilemmas.

The Changing Nature Of Customary International Law

Author: Noora Arajärvi
Publisher: Routledge
ISBN: 1134067348
Size: 13.82 MB
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This book examines the evolution of customary international law (CIL) as a source of international law. Using the International Criminal Tribunal for the former Yugoslavia (ICTY) as a key case study, the book explores the importance of CIL in the development of international criminal law and focuses on the ways in which international criminal tribunals can be said to change the ways in which CIL is formed and identified. In doing so, the book surveys the process and substance of CIL, as well as the problematic distinction between the elements of state practice and opinio juris. By applying an inclusive positivist approach, Noora Arajärvi analyses the methodologies of identification of CIL in selected cases of the ICTY, and their normative foundations. Through examination of the case-law and the reasoning of courts and tribunals, Arajärvi demonstrates to what extent the court's chosen method of identification of CIL affects the process of custom formation and the resulting system of norms in general. The book will be of great value to researchers and scholars of international law, international relations, and practitioners with interests in customary international law.

International Law And Boundary Disputes In Africa

Author: Gbenga Oduntan
Publisher: Routledge
ISBN: 1135039542
Size: 68.81 MB
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Africa has experienced a number of territorial disputes over land and maritime boundaries, due in part to its colonial and post-colonial history. This book explores the legal, political, and historical nature of disputes over territory in the African continent, and critiques the content and application of contemporary International law to the resolution of African territorial and border disputes. Drawing on central concepts of public international law such as sovereignty and jurisdiction, and socio-political concepts such as colonialism, ethnicity, nationality and self-determination, this book interrogates the intimate connection that peoples and nations have to territory and the severe disputes these may lead to. Gbenga Oduntan identifies the major principles of law at play in relation to territorial, and boundary disputes, and argues that the predominant use of foreign based adjudicatory mechanisms in attempting to deal with African boundary disputes alienates those institutions and mechanisms from African people and can contribute to the recurrence of conflicts and disputes in and among African territories. He suggests that the understanding and application of multidisciplinary dispute resolution mechanisms and strategies can allow for a more holistic and effective treatment of boundary disputes. As an in depth study into the legal, socio-political and anthropological mechanisms involved in the understanding of territorial boundaries, and a unique synthesis of an African jurisprudence of international boundaries law, this book will be of great use and interest to students, researchers, and practitioners in African and Public International Law, International Relations, and decision-makers in need of better understanding the settlement of disputes over territorial boundaries in both Africa and the wider world.

Cyber Attacks And International Law On The Use Of Force

Author: Samuli Haataja
Publisher: Routledge
ISBN: 1351057006
Size: 68.38 MB
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Examining the thematic intersection of law, technology and violence, this book explores cyber attacks against states and current international law on the use of force. The theory of information ethics is used to critique the law’s conception of violence and to develop an informational approach as an alternative way to think about cyber attacks. Cyber attacks against states constitute a new form of violence in the information age, and international law on the use of force is limited in its capacity to regulate them. This book draws on Luciano Floridi’s theory of information ethics to critique the narrow conception of violence embodied in the law and to develop an alternative way to think about cyber attacks, violence, and the state. The author uses three case studies – the 2007 cyber attacks against Estonia, the Stuxnet incident involving Iran that was discovered in 2010, and the cyber attacks used as part of the Russian interference in the 2016 US presidential election – to demonstrate that an informational approach offers a means to reimagine the state as an entity and cyber attacks as a form of violence against it. This interdisciplinary approach will appeal to an international audience of scholars in international law, international relations, security studies, cyber security, and anyone interested in the issues surrounding emerging technologies.

The International Criminal Court In Search Of Its Purpose And Identity

Author: Triestino Mariniello
Publisher: Routledge
ISBN: 1317703081
Size: 68.46 MB
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The International Criminal Court (ICC) is the first permanent international criminal tribunal, which has jurisdiction over the most serious crimes of concern to the international community as a whole: genocide, crimes against humanity, war crimes, and crime of aggression. This book critically analyses the law and practice of the ICC and its contribution to the development of international criminal law and policy. The book focuses on the key procedural and substantive challenges faced by the ICC since its establishment. The critical analysis of the normative framework aims to elaborate ways in which the Court may resolve difficulties, which prevent it from reaching its declared objectives in particularly complex situations. Contributors to the book include leading experts in international criminal justice, and cover a range of topics including, inter alia, terrorism, modes of liability, ne bis in idem, victims reparations, the evidentiary threshold for the confirmation of charges, and sentencing. The book also considers the relationship between the ICC and States, and explores the impact that the new regime of international criminal justice has had on countries where the most serious crimes have been committed. In drawing together these discussions, the book provides a significant contribution in assessing how the ICC’s practice could be refined or improved in future cases. The book will be of great use and interest to international criminal law and public international law.

Confronting The Human Rights Act 1998

Author: Nicolas Kang-Riou
Publisher: Routledge
ISBN: 1136335145
Size: 49.83 MB
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This book critically examines the Human Rights Act 1998 (HRA) and evaluates its impact from a multi-disciplinary perspective. The book includes both a domestic and international analysis of the effectiveness of the HRA, and also considers possible future developments in policy and practise as well as contemplating the potential for a British Bill of Rights. The editors have collected pieces from contributors drawn from diverse spheres, all of whom are internationally recognised for their impact in the field of human rights law. Contributors include members of the bench in the United Kingdom and Australia, academics, researchers, members of NGOs, and campaigners as well as people’s testimony of lived experiences in relation to the Human Rights Act. Valuable contributions from the likes of Costas Douzinas, Keith Ewing, Helen Fenwick, Lady Hale, Irene Khan, Michael Kirby, Francesca Klug, Peter Tatchell and others have resulted in a book which draws out the connections between legal framework, theory, and the actual experience of the protection afforded to groups and individuals by the HRA. Confronting the Human Rights Act 1998 will be of particular interest to scholars and students of Law, International Studies and Political Science.

Re Imagining North Korea In International Politics

Author: Shine Choi
Publisher: Routledge
ISBN: 1317645499
Size: 24.97 MB
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The global consensus in academic, specialist and public realms is that North Korea is a problem: its nuclear ambitions pose a threat to international security, its levels of poverty indicate a humanitarian crisis and its political repression signals a failed state. This book examines the cultural dimensions of the international problem of North Korea through contemporary South Korean and Western popular imagination’s engagement with North Korea. Building on works by feminist-postcolonial thinkers, in particular Trinh Minh-ha, Rey Chow and Gayatri Spivak, it examines novels, films, photography and memoirs for how they engage with issues of security, human rights, humanitarianism and political agency from an intercultural perspective. By doing so the author challenges the key assumptions that underpin the prevailing realist and liberal approaches to North Korea. This research attends not only to alternative framings, narratives and images of North Korea but also to alternative modes of knowing, loving and responding and will be of interest to students of critical international relations, Korean studies, cultural studies and Asian studies.

Routledge International Encyclopedia Of Women

Author: Cheris Kramarae
Publisher: Routledge
ISBN: 1135963150
Size: 29.52 MB
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For a full list of entries and contributors, sample entries, and more, visit the Routledge International Encyclopedia of Women website. Featuring comprehensive global coverage of women's issues and concerns, from violence and sexuality to feminist theory, the Routledge International Encyclopedia of Women brings the field into the new millennium. In over 900 signed A-Z entries from US and Europe, Asia, the Americas, Oceania, and the Middle East, the women who pioneered the field from its inception collaborate with the new scholars who are shaping the future of women's studies to create the new standard work for anyone who needs information on women-related subjects.