War Claims and Enemy Property Legislation

War Claims and Enemy Property Legislation
Author: United States. Congress. House. Committee on Interstate and Foreign Commerce
Publisher:
Total Pages: 762
Release: 1960
Genre: Claims
ISBN:

Considers H.R. 2485 and numerous identical and related bills, to amend the War Claims Act and the Trading with the Enemy Act to provide compensation for certain WWII losses and payment of certain U.S. war damage claims.

On War

On War
Author: Carl von Clausewitz
Publisher:
Total Pages: 388
Release: 1908
Genre: Military art and science
ISBN:

War

War
Author: Andrew Clapham
Publisher: Oxford University Press
Total Pages: 625
Release: 2021
Genre: Law
ISBN: 0198810466

This book provides an accessible and engaging account of the contemporary laws of war. It highlights how, even though war has been outlawed and should be finished as an institution, states continue to claim that they can wage necessary wars of self-defence, engage in lawful killings in war, and imprison law-of-war detainees.

Oslo Manual on Select Topics of the Law of Armed Conflict

Oslo Manual on Select Topics of the Law of Armed Conflict
Author: Yoram Dinstein
Publisher: Springer Nature
Total Pages: 151
Release: 2020-01-01
Genre: Humanitarian law
ISBN: 3030391698

This open access book provides a valuable restatement of the current law of armed conflict regarding hostilities in a diverse range of contexts: outer space, cyber operations, remote and autonomous weapons, undersea systems and devices, submarine cables, civilians participating in unmanned operations, military objectives by nature, civilian airliners, destruction of property, surrender, search and rescue, humanitarian assistance, cultural property, the natural environment, and more. The book was prepared by a group of experts after consultation with a number of key governments. It is intended to offer guidance for practitioners (mainly commanding officers); facilitate training at military colleges; and inform both instructors and graduate students of international law on the current state of the law.

The Law of Naval Warfare

The Law of Naval Warfare
Author: Dale Stephens
Publisher:
Total Pages: 403
Release: 2019
Genre: Military law
ISBN: 9780409350814

In a period of growing tensions within the maritime domain, this timely new book brings together a combination of academic and practical expertise to present an account of the critical areas of the law of naval warfare. It provides a comprehensive, academically rigorous and practically relevant treatment of the law applicable to naval conflicts that will be of value to governments and their advisers, defence forces, academics, students and historians. The extensive expert analysis of the key issues includes topics such as: ¿ Interaction with peacetime law of the sea ¿ Maritime zones ¿ Targeting, distinction and deception ¿ Submarine warfare ¿ Legal status of merchant vessels and direct participation in hostilities by civilians ¿ Blockade ¿ Prize law ¿ Non-International Armed Conflict at Sea ¿ New technologies and non-traditional vessels ¿ Hospital ships ¿ Intelligence collection ¿ Interaction with Australian domestic legal obligations ¿ Environmental issues

The Military Commander's Necessity

The Military Commander's Necessity
Author: Sigrid Redse Johansen
Publisher: Cambridge University Press
Total Pages: 451
Release: 2019-10-03
Genre: History
ISBN: 1108493920

A comprehensive examination of the legal limits to the military commander's assessment of military necessity during armed conflict.

Act of Justice

Act of Justice
Author: Burrus M. Carnahan
Publisher: University Press of Kentucky
Total Pages: 212
Release: 2007-09-21
Genre: History
ISBN: 0813138213

In his first inaugural address, Abraham Lincoln declared that as president he would "have no lawful right" to interfere with the institution of slavery. Yet less than two years later, he issued a proclamation intended to free all slaves throughout the Confederate states. When critics challenged the constitutional soundness of the act, Lincoln pointed to the international laws and usages of war as the legal basis for his Proclamation, asserting that the Constitution invested the president "with the law of war in time of war." As the Civil War intensified, the Lincoln administration slowly and reluctantly accorded full belligerent rights to the Confederacy under the law of war. This included designating a prisoner of war status for captives, honoring flags of truce, and negotiating formal agreements for the exchange of prisoners -- practices that laid the intellectual foundations for emancipation. Once the United States allowed Confederates all the privileges of belligerents under international law, it followed that they should also suffer the disadvantages, including trial by military courts, seizure of property, and eventually the emancipation of slaves. Even after the Lincoln administration decided to apply the law of war, it was unclear whether state and federal courts would agree. After careful analysis, author Burrus M. Carnahan concludes that if the courts had decided that the proclamation was not justified, the result would have been the personal legal liability of thousands of Union officers to aggrieved slave owners. This argument offers further support to the notion that Lincoln's delay in issuing the Emancipation Proclamation was an exercise of political prudence, not a personal reluctance to free the slaves. In Act of Justice, Carnahan contends that Lincoln was no reluctant emancipator; he wrote a truly radical document that treated Confederate slaves as an oppressed people rather than merely as enemy property. In this respect, Lincoln's proclamation anticipated the psychological warfare tactics of the twentieth and twenty-first centuries. Carnahan's exploration of the president's war powers illuminates the origins of early debates about war powers and the Constitution and their link to international law.

The Law of War

The Law of War
Author: William H. Boothby
Publisher: Cambridge University Press
Total Pages: 481
Release: 2018-03-29
Genre: History
ISBN: 1108427588

A detailed and highly authoritative critical commentary appraising the vitally important United States Department of Defense Law of War Manual.

The Limits of Sovereignty

The Limits of Sovereignty
Author: Daniel W. Hamilton
Publisher: University of Chicago Press
Total Pages: 240
Release: 2008-09-15
Genre: Law
ISBN: 0226314863

Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thought? Daniel W. Hamilton locates that change in the crucible of the Civil War. In the early days of the war, Congress passed the First and Second Confiscation Acts, authorizing the Union to seize private property in the rebellious states of the Confederacy, and the Confederate Congress responded with the broader Sequestration Act. The competing acts fueled a fierce, sustained debate among legislators and lawyers about the principles underlying alternative ideas of private property and state power, a debate which by 1870 was increasingly dominated by today’s view of more limited government power. Through its exploration of this little-studied consequence of the debates over confiscation during the Civil War, The Limits of Sovereignty will be essential to an understanding of the place of private property in American law and legal history.