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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.
Environmental law, International. --- Humanitarian law. --- International law. --- National security --- International environmental law --- International law --- Common heritage of mankind (International law) --- Public law --- Humanitarian conventions --- International humanitarian law --- War (International law) --- Law of nations --- Nations, Law of --- Public international law --- Law --- Law and legislation.
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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.
International law. --- Soft law. --- Extralegal norms --- Social norms --- Law of nations --- Nations, Law of --- Public international law --- Law --- Law / international. --- General and Others
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Customary law, International --- Droit coutumier international --- Human rights --- Droits de l'homme (Droit international) --- Peace-building --- Consolidation de la paix --- International human rights courts --- Tribunaux internationaux des droits de l'homme --- Law and legislation --- Droit --- Inter-American Court of Human Rights.
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"This comprehensive and insightful Research Handbook addresses the interpretation of international solidarity within topical legal regimes and regional systems, as well as in relation to decolonization and the concepts of Ummah and Ubuntu. It examines the way in which international solidarity enables the global community to respond to intercontinental challenges, including climate change, forced migration, health emergencies, and inequality. The Research Handbook on International Solidarity and the Law analyzes the scope of international solidarity in relation to human rights and duties, in particular the need to safeguard transnational civic spaces to promote emancipatory strategies for marginalized groups. Contributors examine Third World Approaches to International Law (TWAIL) and gender perspectives, explore regional interpretations and applications, and address topical areas such as peace, development, trade law, migration, anti-corruption, corporate sustainability, law of the sea, digital technology law, and energy law. In addition, the Research Handbook highlights how the phenomenon of polarization and decoupling across the world underscores the need for institutional reform to build international solidarity. Providing discussions on this Research Handbook will be an essential resource for students, scholars, policymakers, and practitioners of human rights law, international affairs, public international law, and peace and security law"--
Solidarity. --- Common good. --- International cooperation. --- International law. --- International law --- Philosophy.
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International law --- Polemology --- Pacific settlement of international disputes --- Peace --- Law of nations --- Nations, Law of --- Public international law --- Law --- Coexistence, Peaceful --- Peaceful coexistence --- International relations --- Disarmament --- Peace-building --- Security, International --- War --- Dispute settlement, Peaceful (International relations) --- Disputes, Pacific settlement of international --- International disputes, Pacific settlement of --- Peaceful dispute settlement (International relations) --- Peaceful settlement of international disputes --- PSD (Pacific settlement of international disputes) --- Settlement of international disputes, Pacific --- Dispute resolution (Law) --- Law and legislation --- Dispute resolution (International law) --- Pacific resolution of international disputes --- Peaceful dispute resolution (International relations) --- Peaceful resolution of international disputes --- Resolution of international disputes, Pacific
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With the ad hoc tribunals completing their mandates and the International Criminal Court under significant pressure, today's international criminal jurisdictions are at a critical juncture. Their legitimacy cannot be taken for granted. This multidisciplinary volume investigates key issues pertaining to legitimacy: criminal accountability, normative development, truth-discovery, complementarity, regionalism, and judicial cooperation. The volume sheds new light on previously unexplored areas, including the significance of redacted judgements, prosecutors' opening statements, rehabilitative processes of international convicts, victim expectations, court financing, and NGO activism. The book's original contributions will appeal to researchers, practitioners, advocates, and students of international criminal justice, accountability for war crimes and the rule of law.
International criminal courts. --- Criminal courts --- International courts --- Complementarity (International law) --- International Criminal Court. --- U.N. International Criminal Court --- United Nations. --- ICC --- CPI --- Cour pénale internationale --- Corte Penal Internacional --- Internationella brottmålsdomstolen --- Pengadilan Pidana Internasional --- Kokusai Keiji Saibansho --- Mezhdunarodnyĭ ugolovnyĭ sud --- Međunarodni kazneni sud --- Międzynarodowy Trybunał Karny --- Maḥkamat al-Jināʼīyah al-Duwalīyah --- Guo ji xing shi fa yuan --- 国际刑事法院 --- Samnakngān ʻAyakān Sān ʻĀyā Rawāng Prathēt --- Tribunal Penal Internacional --- Uluslararası Ceza Mahkemesi --- UCM
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Cosmopolitanism --- Social justice --- International organization --- Rule of law --- Sovereignty --- Cosmopolitisme --- Justice sociale --- Organisation internationale --- Règle de droit --- Souveraineté
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International law --- Security, International --- Droit international --- Sécurité internationale
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"This thought-provoking book explores the emerging construction of a customary law of peace in Latin America and the developing jurisprudence of the Inter-American Court of Human Rights. It traces the evolution of peace as both an end and a means: from a negative form, i.e. the absence of violence, to a positive form that encompasses equality, non-discrimination and social justice, including gendered perspectives on peace. Cecilia M. Bailliet offers an overview of the normative and institutional development of peace in Latin America, before examining the heterogeneous iterations of peace within Latin American constitutions and the pluralistic views of current and former judges in the Inter-American Court of Human Rights. The book argues that these national variants should be in accordance with the American Convention on Human Rights and related instruments as a minimum framework, and should be interpreted in pursuit of the pro homine principle, in which the most favourable law is applied to benefit individuals regardless of its origin or status. It also presents an overview of the historic protest marches of 2019 and the phenomenon of oppressive peace tactics by the State. This book will be critical reading for scholars and students of peace studies, human rights, Latin American studies, gender studies, constitutional and international public law, and legal history. It will also be of interest for policy makers and peace practitioners both in Latin America and beyond"--
Human rights --- Peace-building --- Customary law, International --- Law and legislation --- Inter-American Court of Human Rights.
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