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In the wake of the adoption by the International Law Commission of a complete set of articles on state responsibility in international law in 2001, this collection assembles a number of essays tracing key debates which have marked the evolution of this field over the last fifty years. These include explorations of the general theory of state responsibility (link between ’primary’ and ’secondary’ rules, the place of due diligence, the link between liability and wrongfulness), the consequences of an internationally wrongful act (nature of remedies, suitability of countermeasures, third states and the shift from bilateralism to community interests in the law of state responsibility), the debate over criminalizing state responsibility, and the continuing relevance of the law of injuries to aliens. The collection also contains a series of essays offering critical perspectives on state responsibility, including feminist and developing world perspectives. It is completed by an extensive and up-to-date bibliography.
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How do international human rights and humanitarian law protect vulnerable individuals in times of peace and war? Provost analyses systemic similarities and differences between the two to explore how they are each built to achieve their similar goal. He details the dynamics of human rights and humanitarian law, revealing that each performs a task for which it is better suited than the other, and that the fundamentals of each field remain partly incompatible. This helps us understand why their norms succeed in some ways and fail - at times spectacularly - in others. Provost's study represents innovative and in-depth research, covering all relevant materials from the UN, ICTY, ICTR, and regional organizations in Europe, Africa and Latin America. This will interest academics and graduate students in international law and international relations, as well as legal practitioners in related fields and NGOs active in human rights.
Human rights. --- Humanitarian law. --- Law --- General and Others --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Humanitarian conventions --- International humanitarian law --- War (International law) --- Law and legislation
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Sociology of culture --- Sociology of religion --- Human rights --- Israel --- Canada
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What does it mean for courts and other legal institutions to be culturally sensitive? What are the institutional implications and consequences of such an aspiration? To what extent is legal discourse capable of accommodating multiple cultural narratives without losing its claim to normative specificity? And how are we to understand meetings of law and culture in the context of formal and informal legal processes, when demands are made to accommodate cultural difference? The encounter of law and culture is a polycentric relation, but these questions draw our attention to law and legal institutions as one site of encounter warranting further investigation, to map out the place of culture in the domains of law by relying on the insights of law, anthropology, politics, and philosophy. Culture in the Domains of Law seeks to examine and answer these questions, resulting in a richer outlook on both law and culture.
Culture and law. --- Sociological jurisprudence. --- Law --- Law and society --- Society and law --- Sociology of law --- Jurisprudence --- Sociology --- Law and the social sciences --- Law and culture
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"When a country is being subverted it is not being outfought; it is being out-administered" Bernard Fall "The theory and Practice of Insurgency and Counterinsurgency." (1965) 18 Naval War College Review 21, 34 "It seemed the right to do at the time" may be what Haisam Omar Sakhanh is thinking from the relative comfort of the high security prison in Sweden where he is serving a life sentence for war crimes. After completing the mandatory three-year military service in the Syrian army, he had worked as an electrician in Syria and abroad. When the regime of Bashar Al-Assad started killing children and committing other horrific crimes, he felt he had to do something, and he became active in the opposition movement. After fleeing to Italy, Sakhanh participated in anti-Assad protests in Milan before deciding that he had to join the fight to free his country. He flew to Hatay airport in southern Turkey on 30 April 2012, crossing the border through the mountains to join the Suleiman Battle Company in the village of Kfar Kila. This rebel group had a reputation for being well armed and effective, operating independently of, but in collaboration with, the Free Syrian Army in the fight against the Assad regime. Sakhanh was immediately incorporated into the armed group, and his war experience took a turn only four days after joining the rebellion. On the night of May 4th, his unit was involved in an attack against a government outpost, leading to the capture of eleven soldiers of the Syrian armed forces. Two were freed immediately, but the other nine were detained on suspicion of mistreating passing refugees over previous weeks. The next day, Sakhanh was detailed to another village to participate in the funerals of one member of his unit killed in the attack. When he returned, he was told that a Free Syrian Army Judicial Council composed of judges who had defected from the regime had held a court-martial for the detained Syrian soldiers in a town a few kilometers away. The court had heard from numerous witnesses, and mobile phones found on the accused contained videos of the soldiers raping women. Two of the soldiers were acquitted and seven were found guilty of the rape and murder of civilians. Applying the Syrian Penal Code, the rebel judges sentenced these seven men to capital punishment. When Sakhanh heard his name called to join the firing squad, he felt a bit nervous but not uncomfortable: he was a soldier, orders must be obeyed, and he had no reason to distrust the group that he had joined. Fatefully, someone filmed the execution. After three months in Syria, Sakhanh decided that armed insurgency was not for him and he made his way to Sweden. He claimed to be a refugee from Syria, affirmed that he had taken no part in armed hostilities, and was duly granted refugee status in October 2012. The video of the execution eventually made its way to the New York Times, which posted it online. Someone in Sweden recognised Sakhanh and he was arrested in 2016 and accused of murder. At trial, Sakhanh acknowledged that it was him on the video, but argued that he had been carrying out a lawful punishment imposed by a regularly constituted court of an armed group in the context of a noninternational armed conflict. In February 2017, the Stockholm District Court convicted Sakhanh of serious violations of Common Article 3 of the Geneva Conventions and sentenced him to life imprisonment, a decision confirmed by the Svea Court of Appeal"--
Insurgency --- Justice, Administration of --- Legitimacy of governments --- Recognition (International law) --- De facto doctrine (International law) --- De facto government --- Estrada doctrine --- Nonrecognition of governments --- International law --- De facto doctrine --- State succession --- Governments, Legitimacy of --- Legitimacy (Constitutional law) --- Consensus (Social sciences) --- Revolutions --- Sovereignty --- State, The --- General will --- Political stability --- Regime change --- Administration of justice --- Law --- Courts --- Insurgent attacks --- Rebellions --- Civil war --- Political crimes and offenses --- Government, Resistance to --- Internal security --- Law and legislation
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Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights’ focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.
Human rights. --- Legal polycentricity. --- Bijuralism --- Legal pluralism --- Pluralism, Legal --- Polycentric law --- Polycentricity, Legal --- Law --- Conflict of laws --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Law and legislation --- Philosophy of law. --- Political science. --- Private International Law, International & Foreign Law, Comparative Law . --- Philosophy of Law. --- Political Science. --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Private international law. --- Conflict of laws. --- Choice of law --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Civil law
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Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights' focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.
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Politics --- International law --- Criminology. Victimology --- politieke wetenschappen --- criminologie --- internationaal recht
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