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Book
Security
Author:
ISBN: 1282602950 9786612602955 9047426436 9789047426431 9781282602953 9789004172968 9004172963 6612602953 Year: 2009 Publisher: Leiden Boston Martinus Nijhoff Publishers

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Abstract

Security is an all-encompassing term of art which is subject to diverse interpretations and understandings. It includes notions of protection against transnational threats, including terrorism, inter- and intra-state conflict, nuclear proliferation, forced migration, violation of women’s rights, climate change, et cetera The papers in this collection provide fresh voices in the security debate, uniting scholars from different fields of law and philosophy to address normative gaps in interpretation, evolution and application. Part I considers calls for an expanded mandate for the UN Security Council and regional international organisations. Part II reviews innovations within the arena of international humanitarian law, including whether it is possible to balance human rights and humanitarian law standards in peacekeeping operations, responses to “voluntary human shielding”, and normative evolution in the removal of anti-personnel mines and the ban on cluster munitions. Part III embarks upon the realm of Ethics and Democracy: assessing the engagement of private soldiers and the legitimacy of targeted strikes pursuant to the “responsibility to prevent terrorism”. It also considers internal conflicts within the notion of “democratic security”, affirms the procedural guarantees of habeas corpus and non-refoulement as central elements of global justice, and calls for evaluation of gender equity as a measure of state fragility. Part IV confronts the global challenge of climate change as a security threat. Finally, Part V provides a practitioner’s perspective which discusses possible grounds for a gap between academics and security practitioners.


Book
Non-state actors, soft law, and protective regimes : from the margins
Author:
ISBN: 1139887629 1139564560 1283610639 1139551027 9786613923080 1139134981 1139555987 1139549774 1139554735 1139552279 9781139552271 9781139134989 9781139549776 9781139554732 9781107021853 1107021855 9781107416901 9781139555982 1107416906 9781139887625 9781139564564 9781283610636 9781139551021 6613923087 Year: 2012 Publisher: Cambridge : Cambridge University Press,

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Abstract

By offering critical perspectives of normative developments within international law, this volume of essays unites academics from various disciplines to address concerns regarding the interpretation and application of international law in context. The authors present common challenges within international criminal law, human rights, environmental law and trade law, and point to unintended risks and consequences, in particular for vulnerable interests such as women and the environment. Omissions within normative or institutional frameworks are highlighted and the importance of addressing accountability of state and non-state actors for violations or regressions of minimum protection guarantees is underscored. Overall, it advocates harmonisation over fragmentation, pursuant to the aspiration of asserting the interests of our collective humanity without necessarily advocating an international constitutional order.

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