Introduction Virginia Journal Of International Law
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An Introduction to the International Law of Armed Conflicts
Author | : Robert Kolb |
Publisher | : Bloomsbury Publishing |
Total Pages | : 372 |
Release | : 2008-09-17 |
Genre | : Law |
ISBN | : 1847314600 |
This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.
The Institutional Problem in Modern International Law
Author | : Richard Collins |
Publisher | : Bloomsbury Publishing |
Total Pages | : 468 |
Release | : 2016-11-03 |
Genre | : Law |
ISBN | : 1509900446 |
Modern international law is widely understood as an autonomous system of binding legal rules. Nevertheless, this claim to autonomy is far from uncontroversial. International lawyers have faced recurrent scepticism as to both the reality and efficacy of the object of their study and practice. For the most part, this scepticism has focussed on international law's peculiar institutional structure, with the absence of centralised organs of legislation, adjudication and enforcement, leaving international legal rules seemingly indeterminate in the conduct of international politics. Perception of this 'institutional problem' has therefore given rise to a certain disciplinary angst or self-defensiveness, fuelling a need to seek out functional analogues or substitutes for the kind of institutional roles deemed intrinsic to a functioning legal system. The author of this book believes that this strategy of accommodation is, however, deeply problematic. It fails to fully grasp the importance of international law's decentralised institutional form in securing some measure of accountability in international relations. It thus misleads through functional analogy and, in doing so, potentially exacerbates legitimacy deficits. There are enough conceptual weaknesses and blindspots in the legal-theoretical models against which international law is so frequently challenged to show that the perceived problem arises more in theory, than in practice.
Non-Participation in Armed Conflict
Author | : Constantine Antonopoulos |
Publisher | : Cambridge University Press |
Total Pages | : 295 |
Release | : 2022-03-03 |
Genre | : Law |
ISBN | : 1316514625 |
Revisits the law of neutrality and discusses its relevance to contemporary international and non-international armed conflict.
Perpetrators and Accessories in International Criminal Law
Author | : Neha Jain |
Publisher | : Bloomsbury Publishing |
Total Pages | : 252 |
Release | : 2014-12-01 |
Genre | : Law |
ISBN | : 1782254099 |
International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability may be attributed to intellectual authors, policy makers and leaders. In this book, the author draws on insights from comparative law and methodology to propose doctrines of perpetration and secondary responsibility that reflect the role and function of high-level participants in mass atrocity, while simultaneously situating them within the political and social climate which renders these crimes possible. This new doctrine is developed through a novel approach which combines and restructures divergent theoretical perspectives on attribution of responsibility in English and German domestic criminal law, as major representatives of the common law and civil law systems. At the same time, it analyses existing theories of responsibility in international criminal law and assesses whether there is any justification for their retention by international criminal tribunals.
Peoples and International Law
Author | : James Summers |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 671 |
Release | : 2014-04-09 |
Genre | : Law |
ISBN | : 9004232966 |
Peoples and International Law is a detailed survey of the law of self-determination with a focus on the concept of nations and peoples. It engages with different aspects of this law with particular emphasis on the drafting and implementation of international instruments. The second edition includes new coverage of the Declaration on the Rights of Indigenous Peoples and the African and Arab charters. It considers recent practice by the Human Rights Committee, Committee on Economic, Social and Cultural Rights and African Commission on Human and Peoples’ Rights dealing with the emerging political, economic and environmental aspects of the right. The book looks at the interaction of international law, nationalism and liberalism in theories of nationhood and self-determination, as well as, the historical development of the right and the decisions of international bodies. Lastly, it examines practice in this area, including new developments in remedial independence and international territorial administration. Also available in hardback.
Politics of International Law and International Justice
Author | : Edwin Egede |
Publisher | : Edinburgh University Press |
Total Pages | : 401 |
Release | : 2013-08-20 |
Genre | : Political Science |
ISBN | : 0748684522 |
A textbook introduction to international law and justice is specially written for students studying law in other departments, such as politics and IR. Students will engage with debates surrounding sovereignty and global governance, sovereign and diplomati
Rethinking the Relationship between International, EU and National Law
Author | : Lando Kirchmair |
Publisher | : Cambridge University Press |
Total Pages | : 421 |
Release | : 2024-03-14 |
Genre | : Law |
ISBN | : 1009380168 |
In view of the 'European sovereignty,' Kirchmair engages with the importance of EU external relations law and the need to structurally conceptualize how international agreements and customary international law relate to EU law. The book explores whether the European Court of Justice or national constitutional courts have the final say.
Imperialism, Sovereignty and the Making of International Law
Author | : Antony Anghie |
Publisher | : Cambridge University Press |
Total Pages | : 384 |
Release | : 2007-04-26 |
Genre | : Law |
ISBN | : 9780521702720 |
Examines the relationship between imperialism and international law.
Cornelius van Bynkershoek: His Role in the History of International Law
Author | : Kinji Akashi |
Publisher | : BRILL |
Total Pages | : 213 |
Release | : 2024-01-15 |
Genre | : Law |
ISBN | : 9004635319 |
In offering a critical analysis of the writings of Cornelius van Bynkershoek (1673-1743) - the eminent Dutch jurist known traditionally as a `positivist', in the history of international law - this work goes beyond an analysis of the `classics' per se to clarify some basic questions concerning the history of international law, such as the relationship between legal doctrine and state practice and the reconsideration of methodological differences among historical figures like Grotius, Pufendorf, and Vattel. It also covers some fundamental problems of international law generally, such as the meaning of positivism and positive law and the function of reason. The work comprises three main parts: - the construction of Van Bynkershoek's general theory of the law of nations, - an overview and analysis of the contemporary practice relevant to his theories on the laws of neutral commerce, and - the 'genealogy' of Van Bynkershoek's works, namely his relation to Grotius and to his later generations of publicists. Scholars and others interested in the past and future direction of international law as a whole will not want to miss this highly original offering.