International Law and New Wars

International Law and New Wars
Author: Christine Chinkin
Publisher: Cambridge University Press
Total Pages: 611
Release: 2017-04-27
Genre: History
ISBN: 1107171210

Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.

Defending Humanity

Defending Humanity
Author: George P. Fletcher
Publisher: Oxford University Press on Demand
Total Pages: 285
Release: 2008-03-18
Genre: Law
ISBN: 0195183088

Recoge: Murder among nations -- How to talk about self-defense -- A theory of legitimate defense -- The six elements of legitimate defense -- Excusing international aggression -- Humanitarian intervention -- Preemptive and preventitive wars -- The collective dimension of war.

Necessity and Proportionality and the Right of Self-Defence in International Law

Necessity and Proportionality and the Right of Self-Defence in International Law
Author: Chris O'Meara
Publisher: Oxford University Press
Total Pages: 289
Release: 2021-03-11
Genre: Law
ISBN: 0192608568

States invariably justify using force extraterritorially by reference to their right of self-defence. In doing so, they accept that the exercise of this right is conditioned by the customary international law requirements of necessity and proportionality. However, these requirements are notorious for being normatively indeterminate and operationally complex. As a breach of either requirement renders ostensibly defensive action unlawful, increased determinacy regarding their scope and substance is crucial to how international law constrains military force. This book examines the conceptual meaning, content, and practical application of necessity and proportionality as they relate to the right of self-defence following the adoption of the UN Charter in 1945. It provides a coherent and up-to-date description of the applicable contemporary international law and proposes an analytical framework to guide its operation and appraisal. This book argues that necessity and proportionality are conceptually distinct and must be applied in the foregoing order to avoid an insufficient 'catch-all' description of legality or illegality. Necessity determines whether defensive force may be used to respond to an armed attack and where it must be directed. Proportionality governs how much total force is permissible and prohibits excessive responses. Both requirements are shown to apply on an ongoing basis throughout the duration of an armed conflict prompted by self-defence. Compliance with necessity and proportionality ensures that the purposes of self-defence are met, and nothing more, and that defensive force is not unduly disruptive to third party interests and to international peace and security.

Necessity in International Law

Necessity in International Law
Author: Jens David Ohlin
Publisher: Oxford University Press
Total Pages: 297
Release: 2016-09-08
Genre: Law
ISBN: 0190622954

Necessity is a notoriously dangerous and slippery concept-dangerous because it contemplates virtually unrestrained killing in warfare and slippery when used in conflicting ways in different areas of international law. Jens David Ohlin and Larry May untangle these confusing strands and perform a descriptive mapping of the ways that necessity operates in legal and philosophical arguments in jus ad bellum, jus in bello, human rights, and criminal law. Although the term "necessity" is ever-present in discussions regarding the law and ethics of killing, its meaning changes subtly depending on the context. It is sometimes an exception, at other times a constraint on government action, and most frequently a broad license in war that countenances the wholesale killing of enemy soldiers in battle. Is this legal status quo in war morally acceptable? Ohlin and May offer a normative and philosophical critique of international law's prevailing notion of jus in bello necessity and suggest ways that killing in warfare could be made more humane-not just against civilians but soldiers as well. Along the way, the authors apply their analysis to modern asymmetric conflicts with non-state actors and the military techniques most likely to be used against them. Presenting a rich tapestry of arguments from both contemporary and historical Just War theory, Necessity in International Law is the first full-length study of necessity as a legal and philosophical concept in international affairs.

Principles of Shared Responsibility in International Law

Principles of Shared Responsibility in International Law
Author: André Nollkaemper
Publisher: Cambridge University Press
Total Pages: 399
Release: 2014-12-04
Genre: Law
ISBN: 1316195384

The Shared Responsibility in International Law series examines the underexplored problem of allocation of responsibilities among multiple states and other actors. The International Law Commission, in its work on state responsibility and the responsibility of international organisations, recognised that attribution of acts to one state or organisation does not exclude possible attribution of the same act to another state or organisation, but has provided limited guidance on allocation or reparation. From the new perspective of shared responsibility, this volume reviews the main principles of the law of international responsibility as laid down in the Articles on State Responsibility and the Articles on Responsibility of International Organizations, such as attribution of conduct, breach, circumstances precluding wrongfulness and reparation. It explores the potential and limitations of current international law in dealing with questions of shared responsibility in areas such as military operations and international environmental law.

State Immunity in International Law

State Immunity in International Law
Author: Xiaodong Yang
Publisher: Cambridge University Press
Total Pages: 941
Release: 2012-09-27
Genre: Law
ISBN: 0521844010

Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.

The Right to a Fair Trial in International Law

The Right to a Fair Trial in International Law
Author: Amal Clooney
Publisher: Oxford University Press, USA
Total Pages: 1057
Release: 2021-02-11
Genre: Law
ISBN: 0198808399

This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.

Genocide in International Law

Genocide in International Law
Author: William Schabas
Publisher: Cambridge University Press
Total Pages: 760
Release: 2009-02-19
Genre: Law
ISBN: 0521883970

Previous edition, 1st, published in 2000.

The Limits of International Law

The Limits of International Law
Author: Jack L. Goldsmith
Publisher: Oxford University Press
Total Pages: 271
Release: 2005-02-03
Genre: Law
ISBN: 0199883378

International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.

Criminal Law in Poland

Criminal Law in Poland
Author: Wojciech Jasiński
Publisher: Kluwer Law International B.V.
Total Pages: 380
Release: 2019-07-10
Genre: Law
ISBN: 9403513608

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Poland. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Poland. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.