The Use of Force in International Law

The Use of Force in International Law
Author: Tom Ruys
Publisher: Oxford University Press
Total Pages: 961
Release: 2018-04-26
Genre: Law
ISBN: 0191087181

The international law on the use of force is one of the oldest branches of international law. It is an area twinned with the emergence of international law as a concept in itself, and which sees law and politics collide. The number of armed conflicts is equal only to the number of methodological approaches used to describe them. Many violent encounters are well known. The Kosovo Crisis in 1999 and the US-led invasion of Iraq in 2003 spring easily to the minds of most scholars and academics, and gain extensive coverage in this text. Other conflicts, including the Belgian operation in Stanleyville, and the Ethiopian Intervention in Somalia, are often overlooked to our peril. Ruys and Corten's expert-written text compares over sixty different instances of the use of cross border force since the adoption of the UN Charter in 1945, from all out warfare to hostile encounters between individual units, targeted killings, and hostage rescue operations, to ask a complex question. How much authority does the power of precedent really have in the law of the use of force?

The Charter of the United Nations

The Charter of the United Nations
Author:
Publisher: Oxford University Press
Total Pages: 6378
Release: 2024-07-04
Genre: Law
ISBN: 0192679732

Since the third edition of this commentary on the Charter of the United Nations was published in 2012, the text of the Charter has not changed DL but the world has. Central pillars of the international order enshrined in the UN Charter are facing serious challenges, notably the prohibition of the use of force. Human rights, too, have come under increasing pressure, now also from contemporary information technology. Global warming poses fundamental challenges for the world community as a whole in its effort to stabilize global ecosystems. Fully updated, the commentary takes up these and other developments. It features new chapters on Climate Change and the Human Rights Council. The commentary remains the authoritative, article-by-article account of the legislative history, interpretation, and practical application of each and every Charter provision. Written by a team of distinguished scholars and practitioners, this book combines academic research with the insights of practice. It is an indispensable tool of reference for all those interested in the United Nations and its legal significance for the world community. The Commentary will be crucial in combining solid legal foundations with new directions for the development of international law and the United Nations in the twenty-first century

On Dangerous Ground

On Dangerous Ground
Author: Gregory B. Poling
Publisher: Oxford University Press
Total Pages: 337
Release: 2022
Genre: History
ISBN: 0197633986

"The first documented moves to claim and administer some of these far-flung islands took place during the early nineteenth century. The Spanish, as the colonial power in the Philippines, undertook occasional surveys of Scarborough Shoal from 1800 onward. Spain never made a formal declaration of sovereignty over the feature but included it on some maps as part of the Philippine archipelago. Emperor Gia Long, who founded the Nguyen Dynasty in Vietnam, declared sovereignty over the Paracel Islands in 1816. Prior to that, Vietnamese authorities had been officially sanctioning salvage operations in the islands for several decades. Vietnam continued to make occasional use of the islands during the 1830s and 1840s, after which official interest lapsed. In 1843, Captain Richard Spratly aboard the British whaler Cyrus claimed to be the first to discover the island that bears his name. Eventually the entire island group would come to be known as the Spratlys. The British East India Company had been conducting surveys of the islands from the late eighteenth century and in 1868, the British Admiralty compiled the results of those efforts into a new nautical chart of the South China Sea. That map displayed nine distinct islands and reefs in the western portion of the grouping, including Spratly Island itself. In the east, it showed a largely empty expanse of water dotted with reefs whose existence could not be confirmed. The chart labeled this area "Dangerous Ground," a nickname it still bears. The map was revised in 1881 and reproduced by nearly every country with an interest in the South China Sea, including the United States. It would remain the standard chart of the area until the 1950s. No government showed much interest in the islands themselves until 1877 when the British colonial authorities in Labuan, North Borneo registered a claim to Spratly Island and Amboyna Cay on behalf of London. Those two features were listed as possessions by the British Colonial Office from 1891 to 1933, though the British never vigorously pursued the claim. Despite later revisionism, Qing Dynasty documents and actions show that Chinese officials considered Hainan Island to be the southernmost limit of their authority. There is no record of any Chinese objections to Gia Long's annexation of the Paracels or subsequent Vietnamese activity there. When German and Japanese ships carrying insured British copper wrecked on the islands in 1895 and 1896, Chinese authorities foreswore any responsibility for them. Chinese fishers had salvaged the wrecks, prompting the insurance company to demand compensation from those responsible. This was transmitted through the United Kingdom's embassy in Beijing and its consul in Hoihow (modern Haikou). In response, Chinese officials in Liangguang-supervising Guangxi and Guangdong provinces, including Hainan-insisted the islands were unclaimed as far as they were concerned"--

Inadvertent Nuclear War

Inadvertent Nuclear War
Author: Hå. Wiberg
Publisher: Elsevier
Total Pages: 339
Release: 2013-10-22
Genre: History
ISBN: 1483287637

Since the dramatic end of the Pacific War in 1945 the threat of nuclear war has exercised the minds of many. Initial fears concerned the risk that a political crisis between the Superpowers would escalate through miltary confrontation into a 'calculated' nuclear war. Another scenario pictured a new Hitler commanding a nuclear-capable state prepared to use such weapons 'irrationally', possibly sparking a 'catalytic' nuclear war between the major Powers. More recently attention has shifted towards the risk of the 'accidental' release of nuclear weapons. While the risk of intentional conflict between the major Powers has lessened, the arsenals have only been marginally reduced, leaving the possibility of accidental release as perhaps the most threatening case. Inadvertent Nuclear War presents the risk in terms of the reliability and instability of the human and technical systems governing release, with contributions ranging from the engineering of computer software to the psychology of the chain of command. As Dr Wiberg states in his introduction, "No known technical construction, human being or social organization is absolutely failsafe."

Neutrality in Contemporary International Law

Neutrality in Contemporary International Law
Author: James Upcher
Publisher: Oxford University Press
Total Pages: 273
Release: 2020-04-30
Genre: Law
ISBN: 0191060283

The law of neutrality - the corpus of legal rules regulating the relationship between belligerents and States taking no part in hostilities - assumed its modern form in a world in which the waging of war was unconstrained. The neutral State enjoyed territorial inviolability to the extent that it adhered to the obligations attaching to its neutral status and thus the law of neutrality provided spatial parameters for the conduct of hostilities. Yet the basis on which the law of neutrality developed - the extra-legal character of war - no longer exists. Does the law of neutrality continue to survive in the modern era? If so, how has it been modified by the profound changes in the law on the use of force and the law of armed conflict? This book argues that neutrality endures as a key concept of the law of armed conflict. The interaction between belligerent and nonbelligerent States continues to require legal regulation, as demonstrated by a number of recent conflicts, including the Iraq War of 2003 and the Mavi Marmara incident of 2010. By detailing the rights and duties of neutral states and demonstrating how the rules of neutrality continue to apply in modern day conflicts, this restatement of law of neutrality will be a useful guide to legal academics working on the law of armed conflict, the law on the use of force, and the history of international law, as well as for government and military lawyers seeking comprehensive guidance in this difficult area of the law.

Cambodia After the Khmer Rouge

Cambodia After the Khmer Rouge
Author: Evan Gottesman
Publisher: Yale University Press
Total Pages: 468
Release: 2003-01-01
Genre: Political Science
ISBN: 9780300105131

Reviewing a shadowy period in Cambodia's recent history ... as the legacy of the Khmer Rouge regime continues its influence today.