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"Armed Conflicts and the Law is a book of impressive scope and depth. Ranging deftly across the spectrum of armed conflict and the law that governs it, this impressive work draws together new voices and world-renowned experts from the academy, military and the ICRC to examine the normative nuances of contemporary conflict. At the same time both scholarly and practical, Armed Conflicts and the Law will prove an invaluable resource for anyone dealing with the complex, synergistic, and evolving relationship between law and armed conflict." --Prof. Michael N. Schmitt, Director, Stockton Center for the Study of International Law, U.S. Naval War College *** Now available in paperback This book off...
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According to a widely shared notion, foreign affairs are exempted from democratic politics, i.e. party-political divisions are overcome-and should be overcome-for the sake of a common national interest. This book shows that this is not the case. Examining votes in the US Congress and several European parliaments, the book demonstrates that contestation over foreign affairs is barely different from contestation over domestic politics. Analyses of a new collection of deployment votes, of party manifestos, and of expert survey data show that political parties differ systematically over foreign policy and military interventions in particular. The left/right divide is the best guide to the patter...
Three experts address the law governing armed interventions based on real or alleged consent of states embroiled in military strife.
Examines the conceptual nature of collective self-defence in international law, the requirements for its operation, and how they apply.
A collection of expert essays analyzing how American and European's views of international law are diverging as a reaction to globalization.
The principle of non-intervention in the domestic affairs of states is one of the most venerable principles of international law. Although not expressly mentioned in the Charter of the United Nations, at least as an inter-state prohibition, the principle currently appears in a plethora of treaties and UN General Assembly resolutions and has been invoked like a mantra by states of all geographical and political denominations. Despite this, the determination of its exact content has remained an enigma. International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other Principles solves this enigma by exploring what constitutes an 'intervention' in internation...
"Necessity and proportionality occupy a firm place in the international law governing the use of force by states. Perhaps most importantly for practical purposes, the exercise of the right of self-defense, as recognized in Article 51 of the United Nations Charter, is subject to the requirements of necessity and proportionality, as the International Court of Justice determined in the Nicaragua case. Necessity and proportionality are also firmly anchored in the international law governing armed conflicts. In its Nuclear Weapons Advisory Opinion, the International Court of Justice even referred to one articulation of the idea of necessity, that directed against the causing of unnecessary suffer...
Analysis of how to prevent war and reinforce UN systems by imposing accountability on individuals and states for the unlawful use of force.
Since the adoption of the UN Charter in 1945, the use of cross-border force has been frequent. This volume invites a range of experts to examine over sixty conflicts, from military interventions to targeted killings and hostage rescue operations, and to ask how powerful precedent can be in determining hostile encounters in international law.