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Law-Making and Legitimacy in International Humanitarian Law

Author : Heike Krieger
Publisher : Edward Elgar Publishing
Page : 488 pages
File Size : 25,61 MB
Release : 2021-10-12
Category :
ISBN : 9781800883956

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International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved. Investigating what law-making processes reveal about the overall state of this legal regime, this thought-provoking book shows that current developments display a far-reaching disagreement about the direction into which IHL should evolve. It explores the most relevant trends in the development of IHL including the absence of formal law-making by states, informal law-making through manual processes and the increasing role of sub and non-state actors. Law-Making and Legitimacy in International Humanitarian Law will be of benefit to scholars and students of international law and relations, as well as practitioners working in the field of IHL, particularly in government ministries, international organizations and NGOs.

Law-Making and Legitimacy in International Humanitarian Law

Author : Püschmann, Jonas
Publisher : Edward Elgar Publishing
Page : 488 pages
File Size : 42,93 MB
Release : 2021-10-19
Category : Political Science
ISBN : 180088396X

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International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.

Compliant Rebels

Author : Hyeran Jo
Publisher : Cambridge University Press
Page : 355 pages
File Size : 34,2 MB
Release : 2015-08-21
Category : History
ISBN : 1107110041

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This book analyzes civil wars over the past twenty years and examines what motivates some rebel groups to abide by international law.

Customary International Humanitarian Law

Author : Jean-Marie Henckaerts
Publisher : Cambridge University Press
Page : 610 pages
File Size : 42,4 MB
Release : 2005-03-03
Category : Law
ISBN : 0521808995

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Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

Non-Binding Norms in International Humanitarian Law

Author : Emily Crawford
Publisher : Oxford University Press
Page : 305 pages
File Size : 35,2 MB
Release : 2022-01-22
Category : Law
ISBN : 0198819854

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This monograph examines and analyses the phenomenon of non-binding instruments (also known as 'soft law') in the law of armed conflict, or international humanitarian law. It covers the benefits and drawbacks for States and non-States actors as well as their effectiveness and development in the context of armed conflict.

Lawmaking under Pressure

Author : Giovanni Mantilla
Publisher : Cornell University Press
Page : 260 pages
File Size : 21,2 MB
Release : 2020-12-15
Category : Law
ISBN : 150175260X

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In Lawmaking under Pressure, Giovanni Mantilla analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order. Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.

Legitimacy and Legality in International Law

Author : Jutta Brunnée
Publisher : Cambridge University Press
Page : pages
File Size : 16,44 MB
Release : 2010-08-05
Category : Law
ISBN : 1139491474

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It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.

Non-binding Norms in International Humanitarian Law

Author : Emily Crawford (Writer on international law)
Publisher :
Page : pages
File Size : 25,34 MB
Release : 2021
Category : Humanitarian law
ISBN : 9780191860119

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This monograph examines and analyses the phenomenon of non-binding instruments (also known as 'soft law') in the law of armed conflict, or international humanitarian law. It covers the benefits and drawbacks for States and non-States actors as well as their effectiveness and development in the context of armed conflict.

Legitimacy, Justice and Public International Law

Author : Lukas H. Meyer
Publisher : Cambridge University Press
Page : 333 pages
File Size : 32,97 MB
Release : 2009-11-12
Category : Law
ISBN : 0521199492

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"Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006"--Page ix.

The Companion to International Humanitarian Law

Author : Dražan Djukić
Publisher : BRILL
Page : 759 pages
File Size : 24,70 MB
Release : 2018-09-24
Category : Law
ISBN : 900434201X

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This important and unique volume begins with seven essays that discuss the contemporary challenges to implementing international humanitarian law. Its second and largest section comprises 263 entries covering the vast majority of IHL concepts. Written by a wide range of experts, each entry explains the essential legal parameters of a particular element of IHL, while offering practical examples and, where relevant, historical considerations, and supplying a short bibliography for further research. The starting point for the selection were notions arising from the Geneva Conventions, the Additional Protocols, and other IHL treaties. However, the reader will also encounter entries going beyond the typical scope of IHL, such as those related to the protection of the natural environment and animals, and entries that, in addition to an IHL perspective, discuss relevant issues through the lens of human rights law, refugee law, international criminal law, the law on State responsibility, national law, and so on. The editors have also attempted to take into account certain concepts that have no direct foundation in IHL, but that are commonly used in mass media and politics, or generate wide interest in contemporary society, such as drones, economic warfare, cyber warfare, sniping, targeted killings, transitional justice, terrorism, and many other topics. The Companion to International Humanitarian Law offers a much-needed tool for both scholars and practitioners, supplying information accessible enough to enable a variety of users to quickly familiarise themselves with it and sufficiently comprehensive to be a source for reflection and further research for more demanding users. Its aim is to facilitate the practical application of IHL, and be of use to a wide audience interested in or confronted with IHL, ranging from professionals in humanitarian assistance and protection in the field, legal officers and advisers at the national and international level, trainers, academics, scholars, and students.