Juridification of Warfare and Limits of Accountability

Juridification of Warfare and Limits of Accountability
Author: Martina Kolanoski
Publisher: BRILL
Total Pages: 212
Release: 2022-07-18
Genre: Law
ISBN: 9004472444

The book provides a detailed praxeological analysis of a single NATO-airstrike in Afghanistan as a vivid example of how an event and its ex-post accountings shape and specify the legally required protection of civilians in armed conflict.

Between Justice and Stability

Between Justice and Stability
Author: Mladen Ostojic
Publisher: Routledge
Total Pages: 283
Release: 2016-04-15
Genre: Political Science
ISBN: 1317174992

Exploring the impact of the International Criminal Tribunal (ICTY) on regime change in Serbia, this book examines the relationship between international criminal justice and democratisation. It analyses in detail the repercussions of the ICTY on domestic political dynamics and provides an explanatory account of Serbia's transition to democracy. Lack of cooperation and compliance with the ICTY was one of the biggest obstacles to Serbia's integration into Euro-Atlantic political structures following the overthrow of Milosevic. By scrutinising the attitudes of the Serbian authorities towards the ICTY and the prosecution of war crimes, Ostojic explores the complex processes set in motion by the international community's policies of conditionality and by the prosecution of the former Serbian leadership in The Hague. Drawing on a rich collection of empirical data, he demonstrates that the success of international judicial intervention is premised upon democratic consolidation and that transitional justice policies are only ever likely to take root when they do not undermine the stability and legitimacy of political institutions on the ground.

Legal Accountability and Britain's Wars 2000-2015

Legal Accountability and Britain's Wars 2000-2015
Author: Peter Rowe
Publisher: Routledge
Total Pages: 311
Release: 2016-04-20
Genre: Law
ISBN: 1317540336

This book discusses the manner in which Britain’s wars, which took place between 2000 and 2015, have interacted with the relevant principles of international law and English law for the purpose, primarily, of considering legal accountability. During a debate in the House of Lords in 2005 a former Chief of the Defence Staff commented that ‘the Armed Forces are under legal siege.’ The book will discuss the major legal issues which have arisen, ranging from the various votes in Parliament to go to war, the constitutional relationship between ministers and senior commanders, the right under international law to use force, the influence of human rights law, the role of the courts in England (including the coroners’ courts), to the legal regime applying to the conduct of UK military operations. It will assess critically whether the armed forces will now have to accept that operations conducted outside the UK are subject to greater legal scrutiny than previously and whether, if this is the case, it is likely to hinder their future military activities. This book will be of great interest to scholars of international law, the law of armed conflict, military studies and international relations, as well as to those with a professional or other interest in the subject matter.

The Oxford Handbook Public Accountability

The Oxford Handbook Public Accountability
Author: M. A. P. Bovens
Publisher: Oxford Handbooks
Total Pages: 737
Release: 2014-04
Genre: Business & Economics
ISBN: 0199641250

Drawing on the best scholars in the field from around the world, this handbook showcases conceptual and normative as well as the empirical approaches in public accountability studies.

Encyclopedia of Educational Philosophy and Theory

Encyclopedia of Educational Philosophy and Theory
Author: Michael A. Peters
Publisher: Springer
Total Pages: 0
Release: 2017-09-18
Genre: Education
ISBN: 9789812875877

This encyclopaedia is a dynamic reference and study place for students, teachers, researchers and professionals in the field of education, philosophy and social sciences, offering both short and long entries on topics of theoretical and practical interest in educational theory and philosophy by authoritative world scholars representing the full ambit of education as a rapidly expanding global field of knowledge and expertise. This is an encyclopaedia that is truly global and while focused mainly on the Western tradition is also respectful and representative of other knowledge traditions. It professes to understand the globalization of knowledge. It is unique in the sense that it is based on theoretical orientations and approaches to the main concepts and theories in education, drawing on the range of disciplines in the social sciences. The encyclopaedia privileges the "theory of practice", recognizing that education as a discipline and activity is mainly a set of professional practices that inherently involves questions of power and expertise for the transmission, socialization and critical debate of competing norms and values.

Judges, Law and War

Judges, Law and War
Author: Shane Darcy
Publisher: Cambridge University Press
Total Pages: 395
Release: 2014-08-07
Genre: Law
ISBN: 1139993151

International courts and judicial bodies play a formative role in the development of international humanitarian law. Judges, Law and War examines how judicial bodies have influenced the substantive rules and principles of the law of armed conflict, and studies the creation, application and enforcement of this corpus of laws. Specifically, it considers how international courts have authoritatively addressed the meaning and scope of particular rules, the application of humanitarian law treaties and the customary status of specific norms. Key concepts include armed conflicts and protected persons, guiding principles, fundamental guarantees, means and methods of warfare, enforcement and war crimes. Consideration is also given to the contemporary place of judicial bodies in the international law-making process, the challenges presented by judicial creativity and the role of customary international law in the development of humanitarian law.

Plausible Legality

Plausible Legality
Author: Rebecca Sanders
Publisher: Oxford University Press
Total Pages: 249
Release: 2018-08-01
Genre: Political Science
ISBN: 0190870567

In many ways, the United States' post-9/11 engagement with legal rules is puzzling. Officials in both the Bush and Obama administrations authorized numerous contentious counterterrorism policies that sparked global outrage, yet they have repeatedly insisted that their actions were lawful and legitimate. In Plausible Legality, Rebecca Sanders examines how the US government interpreted, reinterpreted, and manipulated legal norms and what these justificatory practices imply about the capacity of law to constrain state violence. Through case studies on the use of torture, detention, targeted killing, and surveillance, Sanders provides a detailed analysis of how policymakers use law to achieve their political objectives and situates these patterns within a broader theoretical understanding of how law operates in contemporary politics. She argues that legal culture--defined as collectively shared understandings of legal legitimacy and appropriate forms of legal practice in particular contexts--plays a significant role in shaping state practice. In the global war on terror, a national security culture of legal rationalization encouraged authorities to seek legal cover-to construct the plausible legality of human rights violations-in order to ensure impunity for wrongdoing. Looking forward, law remains vulnerable to evasion and revision. As Sanders shows, despite the efforts of human rights advocates to encourage deeper compliance, the normalization of post-9/11 policy has created space for future administrations to further erode legal norms.

Accountable Government in Africa

Accountable Government in Africa
Author: Danwood Mzikenge Chirwa
Publisher: United Nations Univ
Total Pages: 302
Release: 2012
Genre: Political Science
ISBN: 9789280812053

This book brings together a number of leading experts in the fields of public law, political science and democratization studies to identify ways of making African governments accountable and describe the extent to which these mechanisms work in practice. It presents new knowledge about legal and political developments in a number of African countries, relevant to the policy goal of developing and deepening democratic governance and accountable government on the continent. This book will be of interest to academics, students and practitioners in the fields of public law, public administration, political studies and African studies.

Law and Administration

Law and Administration
Author: Carol Harlow
Publisher: Cambridge University Press
Total Pages: 957
Release: 2021-07-22
Genre: Law
ISBN: 1009040200

Law and Administration takes a contextual approach to administrative law, setting law and legal rules in the context of the social, political and economic forces that shape the law, and of the complex constitutional framework in which contemporary administrative law operates. This book contains a full account of judicial review, the traditional heartland of administrative law, and adds to this by taking into account the concerns of government, officials and agencies who operate and shape the law. It also looks at the possible future of administrative law in an increasingly automated and digitalised world. A fully revised and updated new edition, this book includes new case studies of regulatory agencies and government contracting to develop understanding of law in practice.