Asia Pacific Perspectives On International Humanitarian Law
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| Author | : Suzannah Linton |
| Publisher | : Cambridge University Press |
| Total Pages | : 926 |
| Release | : 2019-11-07 |
| Genre | : Law |
| ISBN | : 9781108497244 |
Place is inextricably linked to history by way of culture, language, philosophy, faith and the development of worldviews. The richness and depth of experience of the Asia-Pacific region has been under-studied, over-simplified and under-appreciated. This book addresses that lacuna in the subject area of international humanitarian law. Drawing on authoritative perspectives and interviews with experts in and on this topic, including four of the region's most distinguished international judges, forty-one chapters thematically examine the development of international humanitarian law; practice and application of international humanitarian law; implementation and enforcement of international humanitarian law; and looking to the future and enhancing compliance with international humanitarian law. The expert contributors draw out unique features, providing fresh insights to scholarship. Contributions on and from the area also grapple with the regional commitments to humanitarianism generally, illuminating how and why international humanitarian law might be more readily accepted or ignored in armed conflicts in the region.
| Author | : Bryan Peeler |
| Publisher | : Cambridge University Press |
| Total Pages | : 227 |
| Release | : 2019-10-24 |
| Genre | : Law |
| ISBN | : 110848669X |
An evaluation of the importance of reciprocity in considering states' legal obligations in armed conflicts.
| Author | : Alistair D. B. Cook |
| Publisher | : Springer Nature |
| Total Pages | : 95 |
| Release | : 2021-03-12 |
| Genre | : Social Science |
| ISBN | : 9813348747 |
This collection offers insights of the international humanitarian system, considering what constitutes humanitarianism in Asia-Pacific, and how it shapes policy and practice in the region and globally. It adds to the conversation on reforming the global humanitarian system by providing the space to share perspectives on humanitarian action from our place in the world. The authors answer these questions by focusing on a range of issues from national to sectoral perspectives to relations between ‘traditional’ and ‘emerging’ players, concluding that the dynamics of the humanitarian system from the perspectives of the Asia-Pacific are rooted in their localized experiences and built outwards. The first significant trend is that understandings of humanitarianism in the Asia-Pacific are primarily shaped by the experience of disasters at home. Second, national governments play a dominant role in humanitarian affairs in the region. Finally, the humanitarian landscape in the Asia-Pacific constitutes a diverse yet under-appreciated set of actors. This book is based on the RSIS Conference on Asia and the Humanitarian World held in 2019 in Singapore. It is relevant to students, scholars, practitioners and policymakers with an interest in humanitarian assistance, disaster management, strategic studies and international relations in Asia-Pacific.
| Author | : Jean-Marie Henckaerts |
| Publisher | : Cambridge University Press |
| Total Pages | : 610 |
| Release | : 2005-03-03 |
| Genre | : Law |
| ISBN | : 0521808995 |
Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
| Author | : Simon Chesterman |
| Publisher | : |
| Total Pages | : 904 |
| Release | : 2019 |
| Genre | : Law |
| ISBN | : 0198793855 |
This handbook surveys how international law is applied and interpreted in the Asia-Pacific region. It explores Asia's contribution to the development of international law and whether a distinct 'Asian' approach can be perceived
| Author | : Renée Jeffery |
| Publisher | : Cambridge University Press |
| Total Pages | : 325 |
| Release | : 2013-11-11 |
| Genre | : Political Science |
| ISBN | : 1107657946 |
How to address the human rights violations of previous regimes and past periods of conflict is one of the most pressing questions facing governments and policy makers today. New democracies and states in the fragile post-conflict peace-settlement phase are confronted by the need to make crucial decisions about whether to hold perpetrators of human rights violations accountable for their actions and, if so, how to best achieve that end. This is the first book to examine the ways in which states and societies in the Asia-Pacific region have navigated these difficult waters. Drawing together several of the world's leading experts on transitional justice with Asia-Pacific regional and country specialists it provides an overview of the processes and practices of transitional justice in the region as well as detailed analysis of the cases of Cambodia, Sri Lanka, Aceh, Indonesia, South Korea, the Solomon Islands and East Timor.
| Author | : Ingo Venzke |
| Publisher | : Oxford University Press |
| Total Pages | : 560 |
| Release | : 2021-04-22 |
| Genre | : Law |
| ISBN | : 0192652907 |
This book poses a question that is deceptive in its simplicity: could international law have been otherwise? Today, there is hardly a serious account left that would consider the path of international law to be necessary, and that would refute the possibility of a different law altogether. But behind every possibility of the past stands a reason why the law developed as it did. Only with a keen sense of why things turned out the way they did is it possible to argue about how the law could plausibly have turned out differently. The search for contingency in international law is often motivated, as it is in this volume, by a refusal to resign to the present state of affairs. By recovering past possibilities, this volume aims to inform projects of transformative legal change for the future. The book situates that search for contingency theoretically and carries it into practice across many fields, with chapters discussing human rights and armed conflict, migrants and refugees, the sea and natural resources, foreign investments and trade. In doing so, it shows how politically charged questions about contingency have always been.
| Author | : Chiara Redaelli |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 344 |
| Release | : 2021-02-25 |
| Genre | : Law |
| ISBN | : 1509940561 |
This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.
| Author | : David Cantor |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 512 |
| Release | : 2014-07-10 |
| Genre | : Law |
| ISBN | : 9004261591 |
This book contributes to a long-standing but ever topical debate about whether persons fleeing war to seek asylum in another country – ‘war refugees’ – are protected by international law. It seeks to add to this debate by bringing together a detailed set of analyses examining the extent to which the application of international humanitarian law (IHL) may usefully advance the legal protection of such persons. This generates a range of questions about the respective protection frameworks established under international refugee law and IHL and, specifically, the potential for interaction between them. As the first collection to deal with the subject, the eighteen chapters that make up this unique volume supply a range of perspectives on how the relationship between these two separate fields of law may be articulated and whether IHL may contribute to providing refuge from the inhumanity of war.
| Author | : Yuki Tanaka |
| Publisher | : BRILL |
| Total Pages | : 436 |
| Release | : 2011-06-09 |
| Genre | : Law |
| ISBN | : 9004215913 |
The aim of this new collection of essays is to engage in analysis beyond the familiar victor’s justice critiques. The editors have drawn on authors from across the world — including Australia, Japan, China, France, Korea, New Zealand and the United Kingdom — with expertise in the fields of international humanitarian law, international criminal law, Japanese studies, modern Japanese history, and the use of nuclear, chemical and biological weapons. The diverse backgrounds of the individual authors allow the editors to present essays which provide detailed and original analyses of the Tokyo Trial from legal, philosophical and historical perspectives. Several of the essays in the collection are based on the authors’ extensive archival research in Japan, Australia, the United States and New Zealand, providing rich insights into Japanese societal attitudes towards the Trial, biological experimentation by the Japanese Army in China, as well as the trial of Korean prison guards and prosecutions for rape and sexual assault in the post-war period. Some of the essays deal with particular participants in the Trial, examining the role of individual judges, and the selection of defendants and the decision not to prosecute the Emperor. Other essays analyse the Trial from a legal perspective, and address its impact on concepts such as command responsibility, conspiracy and war crimes. The majority of the essays seek to identify and address some of the ‘forgotten crimes’ in the Tokyo Trial. These include crimes committed in China and Korea (particularly the activities of the infamous Unit 731), crimes committed against comfort women, and crimes associated with the atomic bombings of Hiroshima and Nagasaki, the conventional firebombing of other Japanese cities and the illicit drug trade in China. Finally, the collection includes a number of essays which consider the importance of studying the Tokyo Trial and its contemporary relevance. These issues include an examination of the way in which academics have ‘written’ the Trial over the last 60 years, and an analysis of some of the lessons that can be drawn for international trials in the future.
