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The Rule Of Law In Crisis And Conflict Grey Zones

Author: Michael John-Hopkins
Publisher: Routledge
ISBN: 1351996738
Size: 12.55 MB
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This book responds to ongoing calls for clarification and consensus regarding the meaning, scope and interplay of humanitarian law and human rights law in the ‘grey zones’ of unconventional operational environments such as counterterrorism and counterinsurgency operations. It contributes to the debate in this area by developing objective criteria for determining where the shift from the legal framework of law enforcement to that of non-international armed conflict occurs in relation to targeting law and weaponry law; by developing improved objective criteria for determining what constitutes direct participation in hostilities and de facto membership in an organised armed group; by taking stock of how existing targeting and weaponry rules are being applied to unconventional conflicts within civilian populated areas by key state players as well as by international and regional human rights mechanisms; by arguing for the progressive realisation of targeting and weaponry law so that they are more fitting for operational environments that are increasingly urbanised and civilianised; by seeking to understand how global networked connectivity may affect our understanding of the operational theatre of war and the geographical reach of the legal framework of non-international armed conflict.

International Law And The Use Of Force

Author: Christine Gray
Publisher: Oxford University Press
ISBN: 0198808410
Size: 55.67 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.

The Use Of Force In Un Peace Operations

Author: Trevor Findlay
Publisher: Oxford University Press on Demand
ISBN: 9780198292821
Size: 23.72 MB
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One of the most vexing issues that has faced the international community since the end of the Cold War has been the use of force by the United Nations peacekeeping forces. UN intervention in civil wars, as in Somalia, Bosnia and Herzegovina, and Rwanda, has thrown into stark relief the difficulty of peacekeepers operating in situations where consent to their presence and activities is fragile or incomplete and where there is little peace to keep. Complex questions arise in these circumstances. When and how should peacekeepers use force to protect themselves, to protect their mission, or, most troublingly, to ensure compliance by recalcitrant parties with peace accords? Is a peace enforcement role for peacekeepers possible or is this simply war by another name? Is there a grey zone between peacekeeping and peace enforcement? Trevor Findlay reveals the history of the use of force by UN peacekeepers from Sinai in the 1950s to Haiti in the 1990s. He untangles the arguments about the use of force in peace operations and sets these within the broader context of military doctrine and practice. Drawing on these insights the author examines proposals for future conduct of UN operations, including the formulation of UN peacekeeping doctrine and the establishment of a UN rapid reaction force.

Climate Change As A Security Risk

Author: Hans Joachim Schellnhuber
Publisher: Earthscan
ISBN: 1849775931
Size: 59.12 MB
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Without resolute counteraction, climate change will overstretch many societies' adaptive capacities within the coming decades. This could result in destabilization and violence, jeopardizing national and international security to a new degree. However, climate change could also unite the international community. This is provided that we recognize climate change as a threat to humankind and so set the course for adopting a dynamic and globally coordinated climate policy. If we fail to do so, climate change will draw ever-deeper lines of division and conflict in international relations, triggering numerous conflicts between and within countries over the distribution of resources - especially water and land, and over the management of migration, or over compensation payments between the countries mainly responsible for climate change and those countries most affected by its destructive effects. With Climate Change as a Security Risk, WBGU has compiled a flagship report on an issue that quite rightly is rising rapidly up the international political agenda. The authors pull no punches on the likelihood of increasing tensions and conflicts in a climatically constrained world and spotlight places where possible conflicts may flare up in the 21st century unless climate change is checked. The report makes it clear that climate policy is preventative security policy.

From War To The Rule Of Law

Author: J. J. C. Voorhoeve
Publisher: Amsterdam University Press
ISBN: 9053568670
Size: 57.49 MB
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As recent events in Iraq demonstrate, countries that have suffered civil war or rule by military regime can face a long, difficult transition to peaceful democracy. Drawing on the experiences of Bosnia, Haiti, Rwanda and Afghanistan, this outstanding volume demonstrates that newly emerging democracies need more than emergency economic support: restoring the rule of law can involve the training of a new police force, for example, or the creation of an international war crimes tribunal. Concluding with specific recommendations for the UN and EU members, Voorhoeve reminds us that disregard for human rights or delay in civilian reconciliation can lead to resurgences of violence.

Constitutional Courts As Mediators

Author: Julio Ríos-Figueroa
Publisher: Cambridge University Press
ISBN: 1107079780
Size: 20.11 MB
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The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.

The Future Security Environment In The Middle East

Author: Nora Bensahel
Publisher: Rand Corporation
ISBN: 083303619X
Size: 60.72 MB
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This report identifies several important trends that are shaping regional security. It examines traditional security concerns, such as energy security and the proliferation of weapons of mass destruction, as well as newer challenges posed by political reform, economic reform, civil-military relations, leadership change, and the information revolution. The report concludes by identifying the implications of these trends for U.S. foreign policy.

The Power Of Process

Author: Devika Hovell
Publisher: Oxford University Press
ISBN: 0191027456
Size: 28.70 MB
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The UN Security Council's transition to 'targeted sanctions' in the 1990s marked a revolutionary shift in the locus of the Council's decision-making from states to individuals. The establishment of the targeted sanctions regime, should be regarded as more than a shift in policy and invites attention to an emerging tier of international governance. This book examines the need to develop a due process framework having regard to the uniquely political and crisis-based context in which the Security Council operates. Drawing on Anglo-American jurisprudence, this book develops procedural principles for the international institutional context using a value-based approach as an alternative to the formalistic approach taken in the literature to date. In doing so, it is recognized that due process is more than a set of discrete legal standards, but is a touchstone for the way the international legal order conceives of far larger questions about community, law and values.

Conflicts Over Natural Resources In The Global South

Author: Maarten Bavinck
Publisher: CRC Press
ISBN: 1315778467
Size: 44.76 MB
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Inhabitants of poor, rural areas in the Global South heavily depend on natural resources in their immediate vicinity. Conflicts over and exploitation of these resources – whether it is water, fish, wood fuel, minerals, or land – severely affect their livelihoods. The contributors to this volume leave behind the polarised debate, previously surrounding the relationship between natural resources and conflict, preferring a more nuanced approach that allows for multiple causes at various levels. The contributions cover a wide array of resources, geographical contexts (Africa, Asia and Latin America), and conflict dynamics. Most are of a comparative nature, exploring experiences of conflict as well as cooperation in multiple regions. This volume finds its origin in an innovative research programme with the acronym CoCooN, steered by The Netherlands Organisation for Scientific Research (NWO/WOTRO) and involving universities and civil society partners in many countries. It presents the conceptual approaches adhered to by each of seven interdisciplinary projects, ranging from green criminology and political ecology to institutional analysis, legal pluralism and identity politics. The volume will be of interest to academics and practitioners concerned with an understanding of conflict as well as cooperation over natural resources.