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Over recent decades, international humanitarian law has been shaped by the omnipresence of so-called expert manuals. Astute and engaging, this discerning book provides a comprehensive account of these black letter rules and commentaries produced by private expert groups and demonstrates why the general acceptance of these expert manuals is largely unjustified. The author innovatively links interdisciplinary insights to the needs of military lawyers in practice, showing the pitfalls of relying on private manuals as arguable restatements and interpretations of the law 'as it is'.
This illuminating book explores the nature of international humanitarian law (IHL), so doing by asking whether it should be seen as a permissive or a restrictive regime. An experienced lawyer in the field, Anne Quintin offers an in-depth expert analysis of this highly debated topic, revealing the true nature of IHL and concluding that whilst IHL initially developed as a restrictive regime composed of prohibitions and prescriptions, it nevertheless contains within it rare permissions that allow states to act.
This book conducts the first ever comprehensive study of the ICRC’s interpretations and law-ascertainments. It analyses in detail their impact on the development of international humanitarian law and international law in general as well as the reasons for their impact. This analysis involves the discussion of the ICRC’s authority. Is it legal or just factual authority? The analysis also illuminates the direction that IHL – and international law in general – develops. This insight sheds light on the question of the current type of international law, i.e., what international law is and who makes it.
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.
Here at last in English is Nikolai Bukharin's autobiographical novel and final work. Many dissident texts of the Stalin era were saved by chance, by bravery, or by cunning; others were systematically destroyed. Bukharin's work, however, was simultaneously preserved and suppressed within Stalin's personal archives. At once novel, memoir, political apology, and historical document, How It All Began, known in Russia as "the prison novel," adds deeply to our understanding of this vital intellectual and maligned historical figure. The panoramic story, composed under the worst of circumstances, traces the transformation of a sensitive young man into a fiery agitator, and presents a revealing new p...
Through its careful consideration of the status of armed groups within a complex legal landscape, this insightful volume identifies and examines the tensions that arise due to their actions existing across a spectrum of legality and illegality. Considering the number of armed groups currently exercising governance functions and controlling territory and population in the world, its analysis is especially topical. This title contains one or more Open Access chapters.
Mike Wallingford was out of school, out of work and out of place, trapped in a decaying society of the early commercial space age. Thirsty for excitement and an opportunity to escape a crumbling home, Mike takes a chance on a mysterious company and finds himself on a venture stranger and more dangerous than he could possibly have imagined. On this startling Venture Project, even a more qualified person would be hard-pressed to survive.
This book comprehensively covers the entire scope of conflicting rights and duties of the fighting parties and international humanitarian relief actors in non-international armed conflicts, namely from the moment of the initiation of international humanitarian relief actions till their authorisation and throughout the consecutive stages of the delivery of relief. From the practice of frontline humanitarian negotiations, this book reconceptualizes how those rights and duties are coming into being and how compliance with agreements on humanitarian access and other international humanitarian law and international human rights norms can be ensured and/or their normativity can be strengthened.
In February 1861 Tsar Alexander II issued the statutes abolishing the institution of serfdom in Russia. The procedures set in motion by Alexander II undid the ties that bound together 22 million serfs and 100,000 noble estate owners, and changed the face of Russia. Rather than presenting abolition as an 'event' that happened in February 1861, The Abolition of Serfdom in Russia presents the reform as a process. It traces the origins of the abolition of serfdom back to reforms in related areas in 1762 and forward to the culmination of the process in 1907. Written in an engaging and accessible manner, the book shows how the reform process linked the old social, economic and political order of eighteenth-century Russia with the radical transformations of the late nineteenth and early twentieth centuries that culminated in revolution in 1917.
Alexander Herzen—philosopher, novelist, essayist, political agitator, and one of the leading Russian intellectuals of the nineteenth century—was as famous in his day as Tolstoy and Dostoevsky. While he is remembered for his masterpiece My Past and Thoughts and as the father of Russian socialism, his contributions to the history of ideas defy easy categorization because they are so numerous. Aileen Kelly presents the first fully rounded study of the farsighted genius whom Isaiah Berlin called “the forerunner of much twentieth-century thought.” In an era dominated by ideologies of human progress, Herzen resisted them because they conflicted with his sense of reality, a sense honed by h...