The Concept Of Security In International Law
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| Author | : Bertrand G. Ramcharan |
| Publisher | : BRILL |
| Total Pages | : 300 |
| Release | : 2016-08-01 |
| Genre | : Law |
| ISBN | : 9004303146 |
This book is a study of the future of international law as well as the future of the United Nations. It is the first study ever bringing together the laws, policies and practices of the UN for the protection of the earth, the oceans, outer space, human rights, victims of armed conflicts and of humanitarian emergencies, the poor, the vulnerable and the disadvantaged world-wide. It reviews unprecedented dangers and challenges facing humanity such as climate change and weapons of mass destruction, and argues that the international law of the future must become an international law of security and of protection. It submits that the concept of international security in the UN Charter can no longer be restricted to situations of armed conflict but must be given its natural meaning: whatever threatens the security of humanity. It calls for the Security Council to perform its role as the guardian of the security of humankind and sees a leadership role for the UN Secretary-General in analysing and presenting challenges of international security and protection to the Security Council for its attention. Written by a seasoned scholar / practitioner of international law and the United Nations, who has served in key policy, peacemaking, peacekeeping and human rights positions in the United Nations, this book offers indispensable new vistas of international law and policy, and the future role of the United Nations.
| Author | : Chair of International Law and Security Robin Geiß |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 1197 |
| Release | : 2021-02-16 |
| Genre | : Law |
| ISBN | : 019882727X |
On a global scale, the central tool for responding to complex security challenges is public international law. This handbook provides a comprehensive and systematic overview of the relationship between international law and global security.
| Author | : Shireen Daft |
| Publisher | : Routledge |
| Total Pages | : 323 |
| Release | : 2017-12-01 |
| Genre | : Law |
| ISBN | : 1351985655 |
The concept of human security has emerged in international relations and policy as an idea which not only seeks to relocate the focus of international society on the individual, but also challenges the current priorities of the international community. In particular it places emphasis on promoting and facilitating a nexus between security, development and human rights. It is potentially a paradigm in the making, gaining considerable momentum within the UN, international relations scholarship and regional bodies. And yet by-and-large it continues to be unexplored by the international legal community, despite the success of a number of international treaties being attributed to the discourse. This book seeks to address this gap, and establish the nature of the relationship between human security discourse and international law, determining whether human security can meaningfully contribute to the international legal framework. To determine this, the book analyses the core principles of human security discourse and examines the degree to which they find parallels in the existing normative structure of international law. The book examines the how the broad-narrow debate that dominates human security discourse has played out in international law-making. It goes on to consider the processes for the creation of so called ‘human security’ treaties in order to determine a blueprint for future development of international human security treaty law. In concluding Shireen Daft sets out a structured principled approach through which international legal scholarship can engage with human security, highlighting the ways in which engagement between the two fields can be sustained.
| Author | : Christine Chinkin |
| Publisher | : Cambridge University Press |
| Total Pages | : 211 |
| Release | : 2022-03-17 |
| Genre | : Law |
| ISBN | : 110848347X |
An international legal analysis of the UN Security Council's agenda on Women, Peace and Security (WPS).
| Author | : Hitoshi Nasu |
| Publisher | : West Point Press |
| Total Pages | : 308 |
| Release | : 2022-12-23 |
| Genre | : Law |
| ISBN | : 1959631012 |
This book explores how the concept of security interacts with the rigid framework of international law to test the hypothesis that the system of public order among states is regulated under the rule of law.
| Author | : Mary E Footer |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 404 |
| Release | : 2016-06-16 |
| Genre | : Law |
| ISBN | : 1782255893 |
Of the many challenges that society faces today, possibly none is more acute than the security of ordinary citizens when faced with a variety of natural or man-made disasters arising from climate and geological catastrophes, including the depletion of natural resources, environmental degradation, food shortages, terrorism, breaches of personal security and human security, or even the global economic crisis. States continue to be faced with a range of security issues arising from contested territorial spaces, military and maritime security and security threats relating to energy, infrastructure and the delivery of essential services. The theme of the book encompasses issues of human, political, military, socio-economic, environmental and energy security and raises two main questions. To what extent can international law address the types of natural and man-made security risks and challenges that threaten our livelihood, or very existence, in the twenty-first century? Where does international law fall short in meeting the problems that arise in different situations of insecurity and how should such shortcomings be addressed?
| Author | : Sergey Sayapin |
| Publisher | : Springer Nature |
| Total Pages | : 1488 |
| Release | : 2022-07-21 |
| Genre | : Law |
| ISBN | : 9462655154 |
This unique two-volume book covers virtually the whole spectrum of international conflict and security law. It proceeds from values protected by international law (Part I), through substantive rules in which these values are embodied (Part II), to international and domestic institutions that enforce the law (Part III). It subsequently deals with current challenges in the application of rules of international conflict and security law (Part IV), and crimes as the most serious violations of those rules (Part V). Finally, in the section on case studies (Part VI), lessons learnt from a number of conflict situations are discussed. Written by an international team of experts representing all the major legal systems of the world, the book is intended as a reference work for students and researchers, domestic and international judges, as well as for legal advisers to governments and international and non-governmental organisations. Sergey Sayapin is Associate Professor and Associate Dean at KIMEP University, School of Law in Almaty, Kazakhstan. Rustam Atadjanov is Assistant Professor at KIMEP University, School of Law in Almaty, Kazakhstan. Umesh Kadam is formerly Additional Professor at the National Law School of India University, Bangalore, India and Legal Adviser with the International Committee of the Red Cross. Gerhard Kemp is Professor of Law at the University of Derby in the United Kingdom. Nicolás Zambrana-Tévar is Associate Professor at KIMEP University, School of Law in Almaty, Kazakhstan. Noëlle Quénivet is Professor in International Law at the University of the West of England, Bristol Law School in the United Kingdom.
| Author | : Andrej Zwitter |
| Publisher | : Routledge |
| Total Pages | : 291 |
| Release | : 2010-11-23 |
| Genre | : Political Science |
| ISBN | : 1136887113 |
This study examines two important questions regarding terrorism and political violence: which threats to human security constitute root causes for collective violence and which adequate responses for these root causes are available to the international community. The responses are examined on the basis of international law, in particular human rights law, and within the concept of human security, with the goal of fostering a long-term reduction in political violence. Drawing on existing political discussions and research about the root causes of terrorism, Zwitter develops a legal framework for the application of legal terrorism prevention tools. This study serves as a framework of action and analysis using concepts and particularly legal frameworks which are already broadly or universally recognized to increase the applicability of the framework without having to invent new legal regimes. In doing so it makes use of the concept of human security for tackling breeding grounds and other facilitators of terrorism making it universally accessible. Combining social science research with legal sociology and international law, this book will be of interest to students and scholars of politics, international relations, security studies, conflict studies and law.
| Author | : Kent Roach |
| Publisher | : McGill-Queen's Press - MQUP |
| Total Pages | : 280 |
| Release | : 2003-04-23 |
| Genre | : Political Science |
| ISBN | : 0773571272 |
In September 11 Kent Roach provides a critical examination of the consequences of September 11 for law, democracy, sovereignty, and security. He assesses a broad range of anti-terrorism measures including the Anti-terrorism Act, the smart border agreement, Canadian participation in the war in Afghanistan, changes to refugee policy, the 2001 Security Budget, and the proposed Public Safety Act. Roach evaluates both the opposition of many civil society groups to the Anti-terrorism Act and the government's defence of the law as necessary to prevent terrorism and consistent with human rights. He warns that exceptions to legal principles made to fight terrorism may spread to attempts to combat other crimes and suggests that Canadian law may not provide adequate protection against invasions of privacy or discriminatory profiling of people as potential terrorists. With reference to controversial comments about September 11 made by Prime Minister Chretien and others and the debate about "anti-Americanism," Roach examines whether September 11 has chilled Canadian democracy. He also examines the challenge September 11 presents for Canadian sovereignty on key components of foreign, military, and immigration policy and the possibility that Canadian Forces participated in violations of international law in Afghanistan. With specific reference to the threat of nuclear and biological terrorism and aviation safety, Roach argues that more emphasis on administrative and technological measures and less emphasis on criminal sanctions and military force may better protect Canadians from both terrorism and other threats to their security.
| Author | : Hans Kelsen |
| Publisher | : The Lawbook Exchange, Ltd. |
| Total Pages | : 284 |
| Release | : 2001 |
| Genre | : International law |
| ISBN | : 1584771445 |
Washington, D.C.: United States Government Printing Office, 1957. vi, 275 pp. Reprinted 2001, 2011. The noted jurist Hans Kelsen advances his theory that collective security is "...an essential function of law, national as well as international, and that, therefore, there exists an intrinsic connection between international security and international law; in other terms, that collective security of the state is, just as collective security of the individual within the state, by its very nature a legal problem." Foreword p. ii. "Professor Kelsen's high standing as a scholar is sufficient to commend in advance any volume that comes from his pen. But in this case he has chosen a subject that will at once challenge attention. The main function of the volume, in the words of the author, 'is to show that collective security is an essential function of law,' that it is 'by its very nature a legal problem.' A generation ago there were many in high places to contest the thesis. Today the bitter lesson of two world wars has established the principle for practical purposes, in spite of the difficulty of putting it into practice. But the legal aspects of the thesis remain to be clarified, and this is what Professor Kelsen does with all his power of legal analysis and systematic presentation. (...) [We] must be grateful for what we are given, an acute analysis of a fundamental principle, the applications of which we can make from our own knowledge of recent history." --C. G. Fenwick, American Journal of International Law 52 (1958) 811.
