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Under Attack

Author: Belinda Helmke
Publisher: Routledge
ISBN: 1317005325
Size: 42.23 MB
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Under Attack makes a new contribution to the field of international relations in general and the study of international law and armed conflict in particular, in two core ways. First, it links information from varying disciplines, most notably international relations and international law, to form a comprehensive picture of state practice and the challenges it poses to the legal rules for the use of force. Secondly, it organises the information in such a way to identify two core groups of contemporary justifications used by states: humanitarian reasons and self-defence, both with their sub-categories. At the core of this book is the question of how state practice since 1990 has challenged the long-established legal regime on the international use of force. Are we merely witnessing a temporary and insignificant challenge to international law or are the rules genuinely under attack?

Changing International Law To Meet New Challenges

Author: Andreas Laursen
Publisher: Djoef Pub
ISBN:
Size: 48.50 MB
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The international rules governing the use of force in international relations have been under pressure in recent years. They have on several occasions been challenged by states' practice, be it through actual acts (for example, in the case of Kosovo 1999, Afghanistan 2001, and Iraq 2003) or in statements (such as the 2002 US National Security Strategy). A fundamental question concerns how international law reacts to such challenges. Does is disintegrate or does it adapt to the new circumstances? This book focuses on the intersection of two central and challenging issues in international law. The first concerns the ways in which such normative frameworks change, evolve, or are modified in international law. The second concerns the extent to which the basic norms governing the use of force against terrorists have changed significantly since the attacks on New York and Washington DC in 2001. The book examines the relationship between a treaty and subsequent challenging claims and acts by states. It is found that practice subsequent to a treaty may be central to the interpretation of the treaty or may in fact cause an informal modification of the treaty. In addition, the exact operation of subsequent practice is identified. A number of incidents involving the use of force against terrorists are described. These examples of state practice and the reactions are then analyzed in order to determine their effect on international law, in particular in the areas requiring state involvement, the definition of an armed attack, the issues of necessity and proportionality, and the state of necessity excuse. This book is the author's Ph.D. thesis that was submitted and defended at the European University Institute in Florence, Italy.

Point Of Attack

Author: John Yoo
Publisher: Oxford University Press
ISBN: 019934776X
Size: 20.73 MB
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The world today is overwhelmed by wars between nations and within nations, wars that have dominated American politics for quite some time. Point of Attack calls for a new understanding of the grounds for war. In this book John Yoo argues that the new threats to international security come not from war between the great powers, but from the internal collapse of states, terrorist groups, the spread of weapons of mass destruction, and destabilizing regional powers. In Point of Attack he rejects the widely-accepted framework built on the U.N. Charter and replaces it with a new system consisting of defensive, pre-emptive, or preventive measures to encourage wars that advance global welfare. Yoo concludes with an analysis of the Afghanistan and Iraq wars, failed states, and the current challenges posed by Libya, Syria, North Korea, and Iran.

Challenges In International Human Rights Law

Author: MennoT. Kamminga
Publisher: Routledge
ISBN: 1351572490
Size: 56.46 MB
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The main challenges within international human rights law are generally thought to be in the fields of transitional justice, non-state actors, terrorism, development, poverty and environmental degradation. This volume of articles not only covers these mainstream challenges but also a wider and more systematic range, including justiciability of social and economic rights, extraterritoriality, health care and investment arbitration. The key literature selected for this collection includes articles that have appeared in mainstream journals and books from leading publishers as well as papers that have appeared in lesser known journals, hard to find books and UN documents. Some of these are classic essays whilst others are more recent additions that reflect the current state of the debate. The papers are put into context by a specially commissioned introduction by the volume editor. This volume is an invaluable resource for human rights lawyers in search of the key literature in fields outside their own specialization as well as for students, researchers and lecturers seeking an overview of the challenges in human rights law.

Technology And The Law On The Use Of Force

Author: Jackson Maogoto
Publisher: Routledge
ISBN: 1134445504
Size: 80.50 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.

Legal Aspects Of Combating Terrorism

Author: Centre of Excellence - Defence Against Terrorism
Publisher: IOS Press
ISBN: 1607503778
Size: 40.51 MB
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This volume in the NATO Science for Peace and Security Series contains the papers of the Advanced Training Course (ATC) ‘Legal Aspects of Combating Terrorism’. The purpose of this course was to support NATO on defence issues related to terrorism and united experts from various disciplines to give participants an understanding of how the various dimensions of the laws and their application fit together. In addition to the lectures that can be found in this book, the course was divided into three modules: the legal response to terrorism in general terms; combating terrorism using lawful means; and harmonizing the Law of Armed Conflict (LAC), national laws and NATO in the fight against terrorism. One of the main questions dealt with in this work is whether, in the face of the new threat, terrorism should still be countered through the ordinary means of criminal law, or whether there should be a significant shift in enforcement methods, including a less multilateral approach to decision-making and an increased use of military force.

The Legality Of Threat Or Use Of Nuclear Weapons

Author: John Burroughs
Publisher: LIT Verlag Münster
ISBN: 9783825835163
Size: 66.49 MB
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" ""The threat or use of nuclear weapons would generally be contrary to the rules of international law applicable in armed conflict, and in particular the principles and rules of humanitarian law ... There exists an obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control."" - Advisory Opinion of the International Court of Justice, 8 July 1996 ""This book shows how courageous states from the developing world, working in concert with visionary lawyers, physicians and other sectors of international civil society, boldly obtained astonishing results from the highest court in the world. The World Court clearly ruled that the threat or use of nuclear weapons is illegal in almost all conceivable circumstances. The Court further underlined the unconditional obligation of the nuclear weapon states to begin and conclude negotiations on nuclear disarmament in all its aspects. It is now up to all of us to determine the follow-up, whatever the opposition. We cannot end this century without clear commitments and steps to eliminate nuclear weapons."" - Razali Ismail, Permanent Representative of Malaysia to the United Nations, President of the United Nations General Assembly, 1996-1997 ""It is not often that a judicial opinion on a given question is both hailed and criticized by participants on all sides of the question. This book, written by a leading member of the team that helped to prepare the case on the illegality of the threat and use of nuclear weapons, explains succinctly what the World Court, and the judges in their separate statements, did and did not say. In so doing, it makes a compelling case for the proposition that the Opinion represents a milestone on the road to nuclear abolition."" - Peter Weiss, Co-President, International Association of Lawyers Against Nuclear Arms The 20th century has been defined in large part by the unleashing of the terrible destructive power of the atom, and the subsequent struggle to overcome the threat of nuclear annihilation. If humankind survives, the 8 July 1996 Advisory Opinion of the International Court of Justice, and the extraordinary process that led up to it, will have played an essential role. The (Il)legality of the Threat or Use of Nuclear Weapons is a concise yet thorough guide to the case. In straightforward language, it describes the history of this unprecedented initiative and summarizes and explains states' arguments to the Court, the Court's findings, and the separate statements of the judges. The author provides cogent expert analysis and, most importantly, reveals how the opinion imparts hope and points the way to the future: "" The Court has authoritatively interpreted law which states acknowledge they must follow, including humanitarian law protecting civilians from indiscriminate effects of warfare, the United Nations Charter, and the Nuclear Non-Proliferation Treaty. The implications are profound: abandonment of reliance on the threat and use of nuclear weapons as an instrument of national policy, and expeditious elimination of nuclear arsenals. The opinion can be cited as an authoritative statement of the law in any political or legal setting - including the United Nations and national courts and parliaments - in which nuclear weapon policies are challenged."" John Burroughs, an attorney for the Western States Legal Foundation in California, served as the legal coordinator for the World Court Project/International Association of Lawyers Against Nuclear Arms at the November 1995 hearings before the International Court of Justice. "

The Thin Justice Of International Law

Author: Steven R. Ratner
Publisher: OUP Oxford
ISBN: 0191009113
Size: 45.70 MB
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In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.

Cooperation Under Fire

Author: Jeffrey W. Legro
Publisher: Cornell University Press
ISBN: 0801469902
Size: 24.10 MB
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Why do nations cooperate even as they try to destroy each other? Jeffrey Legro explores this question in the context of World War II, the "total" war that in fact wasn't. During the war, combatant states attempted to sustain agreements limiting the use of three forms of combat considered barbarous—submarine attacks against civilian ships, strategic bombing of civilian targets, and chemical warfare. Looking at how these restraints worked or failed to work between such fierce enemies as Hitler's Third Reich and Churchill's Britain, Legro offers a new understanding of the dynamics of World War II and the sources of international cooperation. While traditional explanations of cooperation focus on the relations between actors, Cooperation under Fire examines what warring nations seek and why they seek it—the "preference formation" that undergirds international interaction. Scholars and statesmen debate whether it is the balance of power or the influence of international norms that most directly shapes foreign policy goals. Critically assessing both explanations, Legro argues that it was, rather, the organizational cultures of military bureaucracies—their beliefs and customs in waging war—that decided national priorities for limiting the use of force in World War II. Drawing on documents from Germany, Britain, the United States, and the former Soviet Union, Legro provides a compelling account of how military cultures molded state preferences and affected the success of cooperation. In its clear and cogent analysis, this book has significant implications for the theory and practice of international relations.