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International Co-Operation Human Rights and Counter-Terrorism
International Co-operation, Human Rights and Counter-Terrorism provides a comprehensive analysis of international human rights problems and challenges in contemporary counter-terrorism practice and law. This book identifies the key issues of counter-terrorism practice and policy which have arisen in the last decade, and which have major human rights implications. It examines institutional responses of the United Nations as well as specific practices like the targeted killing, sanctioning or expulsion of terrorist suspects and considers relevant developments before domestic and international courts. With this emerging body of international and domestic case law, it is now possible to consider key aspects of contemporary counter-terrorism law and practice with greater authority. Written in a non-legalistic, interdisciplinary and practical manner, International Co-operation, Human Rights and Counter-Terrorism addresses the emerging trends in international jurisprudence and policy on counter-terrorism with respect to their compatibility with human rights standards. It will be of considerable interests to students, scholars and practitioners in this area.
Keating and his Party Room
Keating and his Party Room is the first comprehensive account of a full term of the proceedings of the Labor Party Room—the Caucus—where the Party’s actions and performance in the Parliament are closely scrutinised and debated. Jim Snow became Chair of the Caucus following Labor’s win at the 1993 federal election. Prime Minister Paul Keating suggested the appointment of the factionally unaligned MP and the Caucus unanimously endorsed it. As Chair, he was perfectly placed to observe the deliberations of a body that Keating has called ‘the supreme authority of the government’. The Hawke and Keating economic and rationalisation policies of the 1980s and 1990s are now widely recognis...
Allegiance and Identity in a Globalised World
Interrogating the concepts of allegiance and identity in a globalised world involves renewing our understanding of membership and participation within and beyond the nation-state. Allegiance can be used to define a singular national identity and common connection to a nation-state. In a global context, however, we need more dynamic conceptions to understand the importance of maintaining diversity and building allegiance with others outside borders. Understanding how allegiance and identity are being reconfigured today provides valuable insights into important contemporary debates around citizenship. This book reveals how public and international law understand allegiance and identity. Each involves viewing the nation-state as fundamental to concepts of allegiance and identity, but they also see the world slightly differently. With contributions from philosophers, political scientists and social psychologists, the result is a thorough appraisal of allegiance and identity in a range of socio-legal contexts.
Strengthening the Validity of International Criminal Tribunals
International criminal law is experiencing a time of uncertainty and flux. There is increasing doubt surrounding where the international criminal justice project is heading. The contributions in this multi-disciplinary volume take stock of the situation and explore ways in which the validity of international criminal tribunals can be strengthened as the field of international criminal justice moves into a more uncertain future. Areas considered include: shaping the aims and aspirations of international criminal tribunals; increasing the effectiveness and legality of substantive international criminal law; improving certain processes and procedures of international criminal tribunals; improving relationships between international criminal tribunals and other organisations; and building trust between international criminal tribunals and African states.
Law of the Sea, From Grotius to the International Tribunal for the Law of the Sea
Law of the Sea, From Grotius to the International Tribunal for the Law of the Sea: Liber Amicorum Judge Hugo Caminos honors the accomplished career path of a distinguished scholar, professor, diplomat and judge in the global field of the Law of the Sea. Judge Hugo Caminos was not only defined by his professional accomplishments, including his appointment as Deputy Director of the Office of the Special Representative of the Secretary-General of the United Nations for the Third United Nations Conference on the Law of the Sea, and his work as a Judge on the International Tribunal for the Law of the Sea. He is also remembered, with gratitude and admiration, as a person of unfaltering moral chara...
Economics of War and Peace
Presents the research on economic factors affecting peace and war. This title includes theoretical perspectives on the economic foundations of peace, violence and war within countries, connections between international trade and inter-state conflict, and the role of legal/institutional factors in international and internal conflict.
Ethics of Political Commemoration
This book proposes a new Ethics of Political Commemoration adapted from the Just War tradition, reflecting that remembrance is often conducted with political – and even coercive – intent. With its Ius ad Memoriam (what to commemorate) and Ius in Memoria (how to commemorate) criteria, the framework looks to guide debates that are currently inchoate so that remembrance of the past can transform relationships in the present and build a shared future. Offering a moral argument with memorable illustrations, Gutbrod and Wood draw on experiences from Armenia, Georgia, Ireland, Lebanon, and Libya, while connecting to mainstream debates in Western Europe and the United States. Bringing together an ethical tradition with the practice of conflict transformation, the framework fuses two perspectives that enrich each other. The book, in providing a first systematic presentation of the ethics, seeks to engage citizens and scholars, and help those who work to transform conflicts.
Towards a more accountable United Nations Security Council
Reform discourse about the United Nations Security Council gives every reason to believe that flaws in its legal and institutional design prevent the Council from adequately meeting its responsibility to maintain or restore international peace and security - in part by allowing the Council to act in an ad hoc and unprincipled manner. In Towards a more accountable United Nations Security Council, Carolyn Evans argues that enhanced accountability of the Council, and corresponding evolution of practice, are feasible, salutary changes towards the Council better answering its raison d'être. Discussion proceeds by probing the why, to whom, for what, and how, of Council accountability - four corners of concerns central to seeing any actor held accountable.
The UN Security Council and the Maintenance of Peace in a Changing World
How can the UN Security Council contribute to the maintenance of international peace and security in times of heightened tensions, global polarisation, and contestation about the principles underlying the international legal and political order? In this Trialogue, experts with diverse geographic, socio-legal, and ideational backgrounds present their perspectives on the Security Council's historic development, its present functions and deficits, and its defining tensions and future trajectories. Three approaches engage with each other: a power-focused approach emphasising the role of China as an emerging actor; an institutionalist perspective exploring how less powerful states, particularly the elected members of the Security Council, exert influence and may strengthen rule-of-law standards; a regionalist perspective investigating how the Security Council as the central actor can cooperate with regional organisations towards maintaining international peace and security. This title is also available as Open Access on Cambridge Core.
"L’être situé", Effectiveness and Purposes of International Law
The traditional and mainstream conception of international law presupposes a certain ideal type of State. However, each State is situated in a particular context – an Etat situé – and the universal, impartial and non-discriminatory application of international law to each State often produces unjustifiable results in the real world. International law thus needs to cope with this existential question in order to ensure and maintain the effectiveness of the international legal order, without, however, being trapped by a nihilistic relativism. This approach requires a flexible understanding and reconstruction of the international law-making theory. The present collection of essays gathers ...
