[PDF] International Law Politics And Inhumane Weapons eBook

Author : Alan Bryden
Publisher : Routledge
Page : 194 pages
File Size : 11,23 MB
Release : 2013
Category : History
ISBN : 0415622050

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This book contributes to contemporary debates on the effectiveness of international humanitarian law (IHL) in regulating or prohibiting inhumane weapons, such as landmines. Two treaties have emerged under IHL in response to the humanitarian scourge of landmines. However, despite a considerable body of related literature, clear understandings have not been established on the effectiveness of these international legal frameworks in meeting the challenges that prompted their creation. This book seeks to address this lacuna. An analytical framework grounded in regime theory helps move beyond the limitations in the current literature through a structured focus on principles, norms, rules, procedures, actors and issue areas. On the one hand, this clarifies how political considerations determine opportunities and constraints in designing and implementing IHL regimes. On the other, it enables us to explore how and why 'ideal' policy prescriptions are threatened when faced with complex challenges in post-conflict contexts. This book will be of much interest to students of international humanitarian law, global governance, human security and IR in general.

Author : Sreoshi Sinha
Publisher :
Page : 0 pages
File Size : 49,31 MB
Release : 2022-02-02
Category :
ISBN : 9789391490713

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International Humanitarian Law (IHL) or the Law of War is a branch of international law that condemns the use of nuclear weapons as being opposed to human principles and morality. This field of international law, as promulgated by the 1949 Geneva Convention, is profoundly anchored in Conventional Treaties, Customary Law, and basic legal concepts. They are outlined in international treaties and military textbooks on "law of armed conflict." The basic standards apply generally as a matter of customary international law and hence bind all governments regardless of their allegiance to a specific treaty. IHL, which applies equally to aggressor and victim states, strives to eliminate cruelty, unnecessary suffering, and devastation, as well as to maintain the potential of achieving a just and lasting peace. Thus, bearing in mind the fundamental principles of International Humanitarian Law, this work attempts to depict and analyse the position of nuclear weapons within the current form of IHL. There has been ongoing investigation into the merits of total destruction of this unconventional type of warfare, and enormous thought has been given to the lex lata laws that apply to nuclear bombs. The book begins with the "International Court of Justice's (ICJ) 1996 Advisory Opinion on The Legality of the Threat or Use of Nuclear Weapons (Nuclear Weapons Advisory Opinion" as its starting point. This book incorporates scholarly analysis of legal issues within the context of wider political arguments over the legal status of nuclear weapons under international law.

Author : Daniel Joyner
Publisher :
Page : 403 pages
File Size : 16,7 MB
Release : 2009
Category : History
ISBN : 019920490X

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Proliferation of WMD technologies is by no means a new concern for the international community. Indeed, since the signing of the Nuclear Non-proliferation Treaty in 1968, tremendous energies have been expended upon diplomatic efforts to create a web of treaties and international organisations regulating the production and stockpiling of WMD sensitive materials within states, as well as their spread through the increasingly globalised channels of international trade to other states and non-state actors. However, the intervention in 2003 by Western powers in Iraq has served as an illustration of the importance of greater understanding of and attention to this area of law, as disagreements over its content and application have once again lead to a potentially destabilising armed intervention by members of the United Nations into the sovereign territory of another member state. Other ongoing disputes between states regarding the character of obligations assumed under non-proliferation treaty instruments, and the effect of international organisations' decisions in this area, form some of the most contentious and potentially destabilising issues of foreign policy concern for many states. This book provides a comprehensive analysis of international law and organisations in the area of WMD proliferation. It will serve both as a reference for understanding the law as it currently exists in its political and economic context, as well as an analysis of areas in which amendments to existing law and organisations are needed.

Author : Gro Nystuen
Publisher : Cambridge University Press
Page : 804 pages
File Size : 18,56 MB
Release : 2014-08-28
Category : Law
ISBN : 1139992740

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Nuclear Weapons under International Law is a comprehensive treatment of nuclear weapons under key international law regimes. It critically reviews international law governing nuclear weapons with regard to the inter-state use of force, international humanitarian law, human rights law, disarmament law, and environmental law, and discusses where relevant the International Court of Justice's 1996 Advisory Opinion. Unique in its approach, it draws upon contributions from expert legal scholars and international law practitioners who have worked with conventional and non-conventional arms control and disarmament issues. As a result, this book embraces academic consideration of legal questions within the context of broader political debates about the status of nuclear weapons under international law.

Author : Olivier Corten
Publisher : Bloomsbury Publishing
Page : 592 pages
File Size : 29,72 MB
Release : 2021-07-29
Category : Law
ISBN : 1509949011

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Praise for previous edition: “...a comprehensive, meticulously-researched study of contemporary international law governing the use of armed force in international relations...' Andrew Garwood-Gowers, Queensland University of Technology Law Review, Volume 12(2) When this first English language edition of The Law Against War published it quickly established itself as a classic. Detailed, analytically rigorous and comprehensive, it provided an indispensable guide to the legal framework regulating the use of force. Now a decade on the much anticipated new edition brings the work up to date. It looks at new precedents arising from the Arab Spring; the struggle against the "Islamic State" in Iraq and Syria; and the conflicts in Ukraine and Yemen. It also reflects the new doctrinal debates surrounding recent state practice. Previous positions are reconsidered and in some cases revised, notably the question of consensual intervention and the very definition of force, particularly, to accommodate targeted extrajudicial executions and cyber-operations. Finally, the new edition provides detailed coverage of the concept of self-defense, reflecting recent interpretations of the International Court of Justice and the ongoing controversies surrounding its definition and interpretation.

Author : Laurie R. Blank
Publisher : Aspen Publishing
Page : 1059 pages
File Size : 39,69 MB
Release : 2018-09-14
Category : Law
ISBN : 1543801226

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Experienced authors with over 45 years combined teaching and working in the field use fundamental principles and sources to instruct and guide discussion about the application of the law of armed conflict to contemporary and future questions. Students can gain a solid foundation in the law and develop the tools they need to analyze complex legal problems. International Law and Armed Conflict shows how the law informs operational and policy decision-making. Placing the law of armed conflict in context with related fields, such as human rights law and national security law, the text provides a complete framework for understanding legal paradigms during and after conflict. Innovative materials allow flexibility across a range of class scenarios, from a stand-alone course to part of a broader survey class. New to the Second Edition: New technologies and the law of armed conflict, including cyber, unmanned aerial vehicles and autonomous weapons systems The conflict in Syria, including ISIS, genocide and chemical weapons attacks Humanitarian assistance and the challenges of protecting the civilian population in urban conflicts Contemporary debates regarding detention in non-international armed conflict, human rights law, and targeted killing Professors and students will benefit from: Experienced authors with over 45 years combined teaching and working in the law of armed conflict field in the military, at think tanks, and in academia Use of the fundamental principles and sources of the law to inform discussions and questions about contemporary and future questions An approach that gives students a solid foundation in the law and the analytical tools they need to analyze complex legal situations and problems and to understand how the law informs and impacts operational and policy decision-making Context that ties together the law of armed conflict with other related fields, such as human rights law and national security law, to provide a complete framework for understanding the legal paradigm applicable during and after conflict Teaching materials include: Substantive and innovative tools and materials to teach this topic as a stand-alone class or as part of a broader class on a range of related topics A Teacher’s manual with additional sources, discussion points, and key background information, all designed for maximum use and flexibility in a range of class scenarios

Author : Giuliana Scotto
Publisher : GRIN Verlag
Page : 53 pages
File Size : 34,38 MB
Release : 2019-07-09
Category : Law
ISBN : 3668976015

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Document from the year 2019 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 1, University of Rome "La Sapienza", language: English, abstract: This text is an excerpt of a Handbook of international law ("Diritto internazionale per filosofi", in Italian) published by Grin in 2014. It deals with the evolution and the content of the current prohibition of use of force in international law. Both the common sense and many scholars with historical or political background, therefore without expertise in international law, approach international law with the prejudice that war, whose presence is witnessed throughout the history as an element which cannot be eliminated from human affairs, would be a tool which States can still and always legitimately use. War and more generally the possibility of resorting to armed force would represent the counter-proof of the thesis which considers the international society as an example of the state of nature, of the war condition of all against all: the hobbesian condition of "homo homini lupus" ("every man is a wolf for any other man"). Despite the fact that history records many cases of resort to armed force in international relations, that is, in the community of those entities characterized by the principle of sovereign equality, the consideration of States’ practice in international law does not allow to conclude that in general the use of armed force in international relation is permitted. Quite on the contrary, an adequate analysis of the current international order demonstrates armed force is prohibited as a principle, with the sole exception of self-defence, and that recently such a prohibition has assumed peremptory character. Because of the devastating effects which, at the time of atomic and mass destruction weapons, the use of armed force could produce on the possibility itself of the coexistence of the international subjects, the prohibition of the use of force has become the most important rule in international law and its respect is one of the most important factors which guarantee the coexistence of States and ultimately the very survival of the human race.

Author : Andrew Clapham
Publisher :
Page : 1009 pages
File Size : 30,22 MB
Release : 2014-03
Category : History
ISBN : 0199559694

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Written by a team of distinguished and internationally renowned experts, this Oxford Handbook gives an analytical overview of international law as it applies in armed conflicts. The Handbook draws on international humanitarian law, human rights law, and the law of neutrality to provide a comprehensive picture of the status of law in war.

Author : Nick Lewer
Publisher : Routledge
Page : 204 pages
File Size : 41,7 MB
Release : 2017-09-29
Category : History
ISBN : 1135317453

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These essays explore the increase in interest in non-lethal weapons. Such devices have meant that many armed forces and law enforcement agencies are able to act against undesirables without being accused of acting in an inhumane way. Topics for discussion in this volume include: an overview of the future of non-lethal weapons; emerging non-lethal technologies; military and police operational deployment of non-lethal weapons; a scientific evaluation of the effectiveness of non-lethal weapons; changes in international law needed to take into account non-lethal technologies; developments in genomics leading to new chemical incapacitants; implications for arms control and proliferation; the role of non-lethal weapons in human rights abuses; conceptual, theoretical and analytical perspectives on the nature of non-lethal weapons development.