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The Limitations of the Law of Armed Conflicts: New Means and Methods of Warfare
"In the law of armed conflicts, one of the elements that has changed the most has been the means and methods of warfare. Yet there are few legal answers for the many questions these changes pose. This volume, therefore, seeks to identify the limitations of current international law on this double plane, the means and methods of combat, and to offer insights about how to address them. Topics include the use of nuclear energy, which without being a weapon, can have the same effect as one, chemical and biological weapons, autonomous artificial intelligence weapons, and biobots. Similarly, fake news, the hostile use of cyberspace, lawfare, the use of big data, terrorism as a combat method, premeditated poisoning, sexual humiliation, the impact of such news on the armed forces and the reorganization needed to face the new scenarios are all situations not contemplated in classical law and which require new legal and operational responses"--
International Legal Dimension of Terrorism
Includes annex: The Huelva Declaration for an Alliance of Civilizations against Terrorism.
Europe of Rights: A Compendium on the European Convention of Human Rights
This book is a systematic commentary on half a century of case law on the Convention system made by a group of legal experts from various universities and legal disciplines. It provides a guide of the rights protected under ECHR as well as a better understanding, open to supranational scenarios, of fundamental rights in the respective Constitutions. Our intention is not only to make available a mere case law commentary. This work indeed offers succinct information on the most consolidated lines of case law and this is probably where it is most useful. Nevertheless there is also academic reflection, which we believe is nowadays essential as Europe is becoming more than a continent: it is, above all, a civilisation, with a common language of rights, a developing ius commune.
The Legacy of Nuremberg
In this new collection of essays the editors assess the legacy of the Nuremberg Trial asking whether the Trial really did have a civilising influence or if it constituted little more than institutionalised vengeance. Three essays focus particularly on the historical context and involve rich analysis of, for example, the atmospherics of the Trial itself and the attitudes of German society at the time to the conduct of the Trial. The majority of the essays deal with the contemporary legacies of the Nuremberg Trial and attempt to assess the ongoing relevance of the Judgment itself and of the principles encapsulated in it. Some essays consider the importance of the principle of individual crimin...
Democratic Legitimacy in the European Union and Global Governance
This book addresses one of the most relevant challenges to the sustainability of the European Union (EU) as a political project: the deficit of citizens’ support. It identifies missing elements of popular legitimacy and makes proposals for their formal inclusion in a future Treaty reform, while assessing the contribution that the EU may make to global governance by expanding a credible democratic model to other international actors. The contributors offer perspectives from law, political science, and sociology, and the 15 case studies of different aspects of the incipient European demos provide the reader with a comprehensive overview of these pertinent questions. The edited volume provides a truly interdisciplinary study of the citizens’ role in the European political landscape that can serve as a basis for further analyses of the EU’s democratic legitimacy. It will be of use to legal scholars and political scientists interested in the EU’s democratic system, institutional setup and external relations.
Deadly Metal Rain: The Legality of Flechette Weapons in International Law
Relying on often unique sources, this book offers the only in-depth study on flechette weapons yet conducted. Its comprehensive exploration of the legal versus illegal implications of conventional weapons use make it an invaluable resource for weaponry policy analysts.
The Legal Regime of the International Criminal Court
This impressive and unique collection of essays covers important aspects of the legal regime of the International Criminal Court (ICC). The volume begins with an analysis of the historical development of the ICC, the progressive development of international humanitarian and international criminal law by the ad hoc Tribunals and the work of mixed national/international jurisdictions. The legal and institutional basis of the ICC is then dealt with in detail, including the organs of the ICC, war crimes, crimes against humanity and crimes of aggression, modes of liability before the ICC and defences before the ICC. Part III focuses on the court at work, including its procedural rules, criminal proceedings at the ICC, penalties and appeal and revision procedures. Part IV deals with the relationship of the ICC with states and international organizations. The contributors are established scholars in the field of international criminal and humanitarian law, many of whom are practitioners in the various tribunals.
The Internal Implementation of Peace Agreements after Violent Intrastate Conflict
This book is at heart a guide on how to best approach the management of an internally-led peace implementation process after a violent intrastate conflict. It explains the principal tasks, legal framework and management implications of internal peace implementation and illustrates this with many examples of best practice as well as possible pitfalls. The book integrates a broad analysis of current academic research with a substantial number of interviews with experts from the field. With a foreword by Nobel Peace Prize Laureate President Martti Ahtisaari.
International Law And Armed Conflict, Exploring the Faultlines
International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday's wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea change...
Beyond Victor's Justice? The Tokyo War Crimes Trial Revisited
The aim of this new collection of essays is to engage in analysis beyond the familiar victor’s justice critiques. The editors have drawn on authors from across the world — including Australia, Japan, China, France, Korea, New Zealand and the United Kingdom — with expertise in the fields of international humanitarian law, international criminal law, Japanese studies, modern Japanese history, and the use of nuclear, chemical and biological weapons. The diverse backgrounds of the individual authors allow the editors to present essays which provide detailed and original analyses of the Tokyo Trial from legal, philosophical and historical perspectives. Several of the essays in the collectio...
