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Proportionality in International Humanitarian Law
The principle of proportionality is one of the corner-stones of international humanitarian law. Almost all states involved in armed conflicts recognize that launching an attack which may cause incidental harm to civilians that exceeds the direct military advantage anticipated from the attack is prohibited. This prohibition is included in military manuals, taught in professional courses, and accepted as almost axiomatic. And yet, the exact meaning of the principle is vague. Almost every issue, from the most elementary question of how to compare civilian harm and military advantage, to the obligation to employ accurate but expensive weapons, is disputed. Controversy is especially rife regardin...
Proportionality in International Humanitarian Law
In Proportionality in International Humanitarian Law, Amichai Cohen and David Zlotogorski offer a fresh and comprehensive look at the principle of proportionality. They discuss various areas in which there are disagreements over the way in which proportionality should be applied and offer original solutions to existing debates. Moreover, they suggest that when applying proportionality, the focus of the analysis should be on the procedures leading to the attack, and the precautions taken by the attacking force. They also discuss the course states should follow in investigating possible violations of the principle.
Research and Writing in International Relations
Research and Writing in International Relations, Fourth Edition, offers the step-by-step guidance and the essential resources needed to compose political science papers that go beyond description and into systematic and sophisticated inquiry. This book provides concise, easy-to-use advice to help students develop more advanced papers through step-by-step descriptions, examples, and resources for every stage of the paper writing process. The book focuses on areas where students often need guidance: understanding how international relations theory fits into research, finding a topic, developing a question, reviewing the literature, designing research, and last, writing the paper. Including cur...
The Writing on the Wall
A critical analysis of Israel's control of the Occupied Palestinian Territory, advocating a normative and functional approach.
A Brush with Death
In this memoir Morris Wyszogrod recounts his experiences from the time of the Nazi invasion of Poland to the liberation of the Theresienstadt concentration camp in 1945. He describes in detail the time he spent in the Warsaw Ghetto; his work as an artist for various Luftwaffe personnel at the Warsaw military airport; his experiences at the BudzynΠconcentration camp, where he was assigned to decorate the living quarters of the SS and to produce drawings at an orgiastic Oktoberfest; his removal to Plaszow, where he was put to work digging up mass graves and burning the bodies to eliminate the evidence of Nazi war crimes; his witnessing of the firebombing of Dresden in February 1945; and his subsequent liberation at Theresienstadt by the Red Army in May 1945. Just as an artist may register what she or he sees against a sensitive visual and moral template, so Wyszogrod doubly registered what he saw and felt, both in his drawings and in his memories.
Big Data and Armed Conflict
"Data is emerging as a key component of military operations, both on and off the battlefield. Large troves of data generated by new information technologies-often termed "big data"-are growing ever more important to a range of military functions. Military forces and other actors will increasingly need to acquire, evaluate, and utilize such data in many combat contexts. At the same time, those forces can gain advantages by targeting adversaries' data and data systems. And a multitude of actors within armed conflict, including humanitarian and human rights organizations, can also use big data to deliver aid or identify atrocities. Such myriad uses of big data raise challenging interpretive que...
Parliamentary Papers
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The Effects of Armed Conflict on Investment Treaties
This book analyses the multi-faceted impact armed conflict has on investment treaties. Refuting the common association of the outbreak of hostilities with the termination or suspension of treaties, it not only makes a case for the continuity of investment treaties. The book argues that the impact of armed conflict on such agreements goes far beyond these questions: Changed factual circumstances and public interests as well as international humanitarian law heavily influence the application and interpretation of investment protection standards. The book argues that investment treaties can and must channel these effects to remain effective during armed conflict and strike a fair balance between investor and public interests. It shows ways in which contextual and systemic interpretation, respect for reasonable state action, and careful treaty design can ensure that investment treaties continue to fulfil their purpose of strengthening compliance with legal rules also in times of armed conflict.
International Law and Contemporary Global Challenges
This book simultaneously sheds light on the most pressing global challenges facing humanity in the 21st century and pays tribute to President Vaclav Havel of the Czech Republic, who had a great impact on the transformation of world politics in the 20th century. It examines in detail contemporary international issues such as climate change, mass migration, refugees, internal armed conflicts, great power rivalry, and regional political instability. It also underscores the increasing inability of the Westphalian model to solve complex transnational problems and calls for a new approach. Included as a postscript is an extensive analysis of the resurgence of dictatorial regimes in many regions of...
Entgrenzungsformen
Die Idee der Selbstgesetzgebung, auf die sich ein Großteil der Demokratie- und Verfassungstheorie stützt, ist haltlos geworden. Die Legitimation von Herrschaft durch den souveränen Willen des Volkes wird unterminiert durch ein Recht, das sich aus den grenzüberschreitenden Verstrickungen verschiedener Rechtsordnungen bildet. Johannes Haaf unternimmt eine Neubestimmung des Verhältnisses von Recht, Herrschaft und Demokratie in der transnationalen Konstellation. Er greift dazu auf Claude Leforts Konzeption der Menschenrechte zurück. Sie können als ein Medium demokratischer Repräsentation auch im Kontext der jeweiligen Entgrenzungsformen wirksam werden, die den Prozess transnationaler Rechtserzeugung prägen. Die Studie zeigt, dass das Verhältnis von subjektiver Berechtigung und demokratischer Befähigung neue Wege der Formalisierung von Teilhabemöglichkeiten erfordert.
