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"Professor Michael Bothe is one of the most prominent and influential scholars of international humanitarian law. His publications on legal restraints on the use of military force were not only important at the time of their publication. They continue to be relevant for the interpretation and further development of this highly important area of international law. This volume uniquely collects a wealth of writings that demonstrate that political ideals coupled with a sense of human responsibility can benefit from solid doctrinal underpinnings in international law. Michael Bothe's work brings together idealism, pragmatism and the law in a unique fashion that not only provides insights into important matters of every day politics but also serves as a stimulus for future contributions to the field. The volume thus provides guidance, food for thought and incentives for debate in the international legal community, among practitioners and academics alike. Michael's doctrinal skills, combined with his contextualized assessment of the law, and his deep empathy for the neds of human beings in difficult situations, with a particular view to the victims of armed conflict, will provide a stimulus to scholars to address these issues in the future"--
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The 2020 Inter-American Yearbook on Human Rights provides an extract of the principal jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Part One contains the Decisions on the Merits of the Commission, and Part Two the Judgments and Decisions of the Court. The Yearbook is partly published as an English-Spanish bilingual edition. Some parts are in English or Spanish only. NB: This book is part of a three volume set. Each volume should be ordered separately! Vol 1 isbn 978-90-04-44560-4 Vol 2 isbn 978-90-04-50440-0 Vol 3 isbn 978-90-04-50991-7.
Human rights --- Humanitarian law --- War (International law)
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The 2020 Inter-American Yearbook on Human Rights provides an extract of the principal jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Part One contains the Decisions on the Merits of the Commission, and Part Two the Judgments and Decisions of the Court. The Yearbook is partly published as an English-Spanish bilingual edition. Some parts are in English or Spanish only. NB: This book is part of a three volume set. Each volume should be ordered separately! Vol 1 isbn 978-90-04-44560-4 Vol 2 isbn 978-90-04-50440-0 Vol 3 isbn 978-90-04-50991-7.
Human rights --- Humanitarian law --- War (International law)
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How relevant is the concept of war today? This book examines how notions about war continue to influence how we conceive rights and obligations in national and international law. It also considers the role international law plays in limiting what is forbidden and legitimated in times of war or armed conflict.
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"This book explores the nature and scope of the provision requiring States to 'ensure respect' for international humanitarian law (IHL) contained within Common Article 1 of the 1949 Geneva Conventions. It examines the interpretation and application of this provision in a range of contexts, both thematic and country-specific. Accepting the clearly articulated notion of 'respect' for IHL, it builds on the existing literature studying the meaning of 'ensure respect' and outlines an understanding of the concept in situations such as enacting implementing legislation, diplomatic interactions, regulating private actors, targeting, detaining persons under IHL in non-international armed conflict, protecting civilians (including internally displaced populations) and prosecuting war crimes. It also considers topical issues such as counter-terrorism and foreign fighters. The book will be a valuable resource for practitioners, academics and researchers. It provides much needed practical reflection for States as to what ensuring respect entails, so that governments are able to address these obligations"--
Humanitarian law. --- Humanitarian conventions --- International humanitarian law --- War (International law)
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"This book investigates the relationship between the laws and principles of humanitarian protection, and what happens in practice on the ground in today's wars. Humanitarian protection is based on a set of international laws and universal principles that guide the behaviour of various actors in war, but many armed actors and insurgents assert cultural, political and religious traditions that are often at odds with these frameworks. This book argues that in navigating this complex space, humanitarian actors rely less on the legal frameworks, and more on the relationships between the actors on the ground to achieve civilian protection. Whilst the frameworks help to act as a unifying narrative of appropriate behaviour, in practice, humanitarian practitioners are acting as unofficial brokers, continually translating the official frameworks in order to create a humanitarian fix that aligns with the often-divergent agendas of non-state armed actors. The research in this book is driven by rich ethnographic observations from the author's time working as an aid worker in northern Iraq and then later in Geneva, complemented by interviews with both fieldworkers and humanitarian policy makers and lawyers. Engaging and compelling, the book will be useful for researchers and students within humanitarian and development studies, and to practitioners and policy makers who are grappling with the contradictions this book explores"--
Humanitarian law. --- War (International law) --- Droit humanitaire. --- Guerre (droit international)
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International legal scholars tend to think of their work as the interpretation of rules: the application of a law 'out there' to concrete situations. This book takes a different approach to that scholarship: it views doctrine as a socio-linguistic practice. In other words, this book views legal scholars not as law-appliers, but as constructing knowledge within a particular academic discipline. By means of three close-ups of the discourse on cyberwar and international law, this book shows how international legal knowledge is constructed in ways usually overlooked: by means of footnotes, for example, or conference presentations. In so doing, this book aims to present a new way of seeing international legal scholarship: one that pays attention to the mundane parts of international legal texts and provides a different understanding of how international law as we know it comes about.
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Sovereignty --- Souveraineté. --- International law --- Droit international. --- War (International law) --- Guerre (Droit international) --- Peace --- Paix --- Kherad, Rahim
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"This is the fourth volume of a projected six-volume series charting the causes of war from 3000 BCE to the present day, written by a leading international lawyer, and using as its principal materials the documentary history of international law, largely in the form of treaties and the negotiations which led up to them. These volumes seek to show why millions of people, over thousands of years, slew each other. In departing from the various theories put forward by historians, anthropologists and psychologists, the author offers a different taxonomy of the causes of war, focusing on the broader settings of politics, religion, migrations and empire-building. These four contexts were dominant and often overlapping justifications during the first four thousand years of human civilisation, for which written records exist."--
War --- War (International law) --- Military history, Ancient. --- Military history. --- Causes. --- History.
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This book is among the few to develop in detail the proposition that international law on the subject of interstate force is better derived from practice than from treaties. Mark Weisburd assembles here a broad body of evidence to support practice-based rules of law on the subject of force. Analyses of a particular use of force by a state against another state generally begin with the language of the Charter of the United Nations. This approach is seriously flawed, argues Weisburd. States do not, in fact, behave as the Charter requires. If the legal rule regulating the use of force is the rule of the Charter, then law is nearly irrelevant to the interstate use of force. However, treaties like the Charter are not the only source of public international law. Customary law, too, is binding on states. If state behavior can be shown to conform generally to what amount to tacit rules on the use of force, and if states generally enforce such rules against other states, then the resulting pattern of practice strongly supports the argument that the use of force is affected by law at a very practical level. This work aims to demonstrate that such patterns exist and to explain their content. Weisburd discusses over one hundred interstate conflicts that took place from 1945 through 1991. He focuses on the behavior of the states using force and on the reaction of third parties to the use of force. He concentrates upon state practice rather than upon treaty law and does not assume a priori that any particular policy goal can be attributed to the international legal system, proceeding instead on the assumption that the system's goals can be determined only by examining the workings of the system.
War (International law) --- World politics --- Intervention (International law) --- War --- Military intervention --- Diplomacy --- International law --- Neutrality --- Coexistence (World politics) --- Peaceful coexistence --- Hostilities --- History. --- War - History. --- World politics - 1945 --- -War (International law)
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