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International Humanitarian Law: Theory, Practice, Context
This book is about international humanitarian law or - as it is also called - the "law of armed conflict"or "law of war". It emerged from a series of lectures delivered at the Hague Academy of International Law. The author deals with war and the means by which international law attempts to contain and, as it were, "humanize" organized violence. But the ambitions of the author go beyond the battlefield. The book explores the many complex ways in which law functions to regulate warfare, in theory and practice. The author looks into treaties and other sources of international law, but he also tries to step outside the boundaries of "black-letter law"to deal broadly with such matters as the influence of culture in shaping the norms on war, the institutions that develop those norms and work for their universal acceptance, the networks of humanitarian actors in this area and the legal procedures in which the law of war and its various institutions are embedded. The book demonstrates that even wars are, in various ways, conducted in "the shadow of the law".
International law as progress and prospect
Der Sammelband enthält juristische Studien und Essays zur Zukunft des Völkerrechts. Der Autor will das Völkerrecht verständlich machen, indem er es von verschiedenen Seiten erschließt. Die Beiträge richten sich bewusst nicht nur an den engeren Kreis der Völkerrechtsspezialisten. Das Spektrum der Themen reicht von Krieg und Neutralität über das Selbstbestimmungsrecht der Völker bis zu den Menschenrechten und dem humanitären Völkerrecht. In allen Beiträgen orientiert sich der Verfasser an der (freilich vagen) Idee der Gerechtigkeit. Recht - und gerade das Völkerrecht - wird hier also nicht einfach instrumentell, sondern von einer Grundidee her verstanden. Das Buch soll - so die I...
Conciliation in International Law
This volume collects the materials underlying the International Colloquium “Conciliation in the Globalized World of Today“, held on 11 and 12 June 2015 in Vienna under the auspices of the Court of Conciliation and Arbitration within the OSCE. The aim of the Colloquium was to examine the merits and possible shortcomings of this method of conflict resolution, and it concluded that the pros heavily outweigh the cons.
Managing Diversity
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Small States in World Politics
Offering empirical richness within a consistent theoretical framework, this work provides a comprehensive examination of small state foreign policy.
Principles of Federalism
There is no ideal model of federalism - no template of best practices valid worldwide. Political, historical, social, and economic conditions shape federal institutions and processes, but these conditions vary by country. The idea behind Principles of Federalism is to draw up principles for the just, equitable, and effective governance of federations worldwide. These guidelines are intended to help framers of constitutions, government officials, members of civil society, and those who apply the law to reassess, reform, or rebuild political systems. They strive to identify the issues that must be considered regarding federalism, and they offer possible solutions. Principles of Federalism does...
Clans and Democratization: Chechnya, Albania, Afghanistan and Iraq
In Clans and Democratization, Charlotte Hille investigates clan societies in Afghanistan, Iraq, Albania and Chechnya. She explores and compares the values of clans with those in Western democratic states, while focusing at conflict resolution and democratization. Based on theory and practice, this book provides tools to facilitate democratic state building in clan-based societies.
The Concept of Treaty in International Law
Whether or not a certain norm is legally binding upon international actors may often depend on whether or not the instrument which contains the norm is to be regarded as a treaty. In this study, the author argues that instruments which contain commitments are, ex hypothesi, treaties. In doing so, he challenges popular notions proclaiming the existence of morally and politically binding agreements and so-called `soft law'. Such notions, Klabbers argues, are internally inconsistent and founded upon untenable presumptions. Moreover, they find little support in the pertinent decisions of municipal and international courts and tribunals. The book addresses issues of importance not only for academics working in international law, constitutional law and political science, but also for practitioners involved in the making, implementation and enforcement of international agreements.
