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Introduction to International Human Rights Law
  • Language: en
  • Pages: 301

Introduction to International Human Rights Law

  • Categories: Law

This book offers a compact but general introduction to international human rights law. It discusses the theoretical, historical and legal foundations of international human rights law, providing an encompassing analysis of the substantive content of the most important human rights and of the role of States and non-State actors in ensuring their respect. It also carries out a specific analysis of the UN system and the ECHR and other regional systems – all this while constantly situating the discussion on international human rights law within the broader framework of public international law. While particularly suitable for undergraduate students in law, this book is also aimed at students of political science and other social sciences, as well as academics and practitioners. Pietro Pustorino is Full Professor of International Law at the Department of Law of Luiss University (Rome, Italy) and Director of the Luiss Center for International and Strategic Studies.

Same-Sex Couples before National, Supranational and International Jurisdictions
  • Language: en
  • Pages: 581

Same-Sex Couples before National, Supranational and International Jurisdictions

  • Categories: Law

The present volume focuses on the jurisprudence of national, supranational and international jurisdictions (and quasi-juridictions) as regards the legal status of same-sex couples. Its aim is to explore the content, rationale, functioning and potential of the different jurisdictions’ reasonings and their contribution to the strengthening of LGBTI rights (and duties). As a consequence, the book tries to convey the complexities and controversies that derive from the judicial recognition of same-sex couples across the world, taking always into account the relationship of the judiciary with the executive and the legislature and the related problems of legitimacy and democracy. The volume deals with this issue and considers it as a crucial test for modern democracies and contemporary societies.

International Law and the Principle of Non-Intervention
  • Language: en
  • Pages: 590

International Law and the Principle of Non-Intervention

  • Categories: Law

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 in International Peace and Security Law
  • Language: en
  • Pages: 527

Necessity and Proportionality in International Peace and Security Law

  • Categories: Law
  • Type: Book
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  • Published: 2021
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  • Publisher: Unknown

There are legal limits on the circumstances under which states may use military force to address a perceived or actual threat. The concepts of necessity and proportionality are central to these limitations imposed by the law. Necessity and Proportionality in International Peace and Security Law explores the many ways in which necessity and proportionality arise in the law on the modern battlefield, which is rapidly changing, complex, and ambiguous.

Revisiting the Law of Occupation
  • Language: en
  • Pages: 298

Revisiting the Law of Occupation

  • Categories: Law
  • Type: Book
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  • Published: 2017-10-23
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  • Publisher: BRILL

In Revisiting the Law of Occupation, Hanne Cuyckens assesses the crucial challenges faced by the law of occupation. Through examples such as the occupation of the Palestinian Territories and the 2003 occupation of Iraq, the author convincingly demonstrates that although the law of occupation may no longer be perceived as adequate to address contemporary forms of occupation, a formal modification of the law is neither desirable nor feasible. The author identifies means by which the potential dichotomy between the law and the facts can be addressed without formal modification of the former: 1) flexible interpretation of the law itself; 2) the role of International Human Rights law as gap-filler; and 3) the role of the UNSC as a modulator of the law.

Protection and Promotion of Freedom of Religions and Beliefs in the European Context
  • Language: en
  • Pages: 438

Protection and Promotion of Freedom of Religions and Beliefs in the European Context

  • Categories: Law

This book offers an in-depth analysis of a fundamental human freedom and a cornerstone of democracy: the Freedom of Religions or Beliefs (FoRB). The book focuses on the legal protection and promotion of FoRB in Europe because, in this context, exercising this right goes beyond a mere internal positioning in terms of legislation; rather, it is influenced by international and supranational case law, as well as the promotional activities of selected non-state subjects of international law. The content is divided into three sections: Part I on the European Convention of Human Rights, Part II on the EU, and Part III on other international actors. The first two Parts examine FoRB in its systematic...

Armed Intervention and Consent
  • Language: en
  • Pages: 353

Armed Intervention and Consent

  • Categories: Law

In the past decade, numerous military operations by outside states have relied on the real or alleged 'invitation' of one of the parties. In this book, three experts examine the relevant legal issues, from sovereignty to the scope and relevance of consent, the use of force to the role of the Security of Council. Using critical historical analysis, qualitative case studies and large-N empirics, these topics are debated and addressed in a unique trialogue format. Accommodating the pluralism of the field, the trialogical setting highlights the divergences and commonalities of each of the three approaches. Benefiting from an in-depth analysis of recent cases of armed intervention and the diversity of the authors' perspectives, this collection is key to developing a richer understanding of the law of military intervention. This title is also available as Open Access on Cambridge Core.

Investments in Conflict Zones
  • Language: en
  • Pages: 537

Investments in Conflict Zones

  • Categories: Law
  • Type: Book
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  • Published: 2020-12-15
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  • Publisher: BRILL

Investments in Conflict Zones addresses the topical and underexplored role of international investment law in armed conflicts, disputed territories, and ‘frozen’ conflicts. The edited collection explores how these different conflict situations impact the application and interpretation of international investment law and how the protection of investors can be reconciled with the politically charged circumstances and state interests involved. Written by a selected group of experts from different fields of international law, the volume moves beyond the confines of investment law, offering novel insights on its intersection with the law of armed conflict, human rights law, the law of the sea, general international law and national laws, including those adopted by de facto regimes which lack recognition as states.

State Responsibility and Terrorism
  • Language: en
  • Pages: 265

State Responsibility and Terrorism

  • Categories: Law

This timely book discusses the problem of State responsibility in connection with terrorist acts committed by non-State actors. It provides a detailed assessment of the consequences of wrongful acts of the State using contemporary examples such as the Bosnian Genocide, 9/11, and the 2016 and 2020 Nice attacks.

The Global Community Yearbook of International Law and Jurisprudence 2010 Volume I
  • Language: en
  • Pages: 527

The Global Community Yearbook of International Law and Jurisprudence 2010 Volume I

  • Categories: Law
  • Type: Book
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  • Published: 2012-03-15
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  • Publisher: Unknown

a. The set generally: [Please note that the following description applies to both volumes in the 2010 Yearbook, not solely to Volume I.] The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international criminal tribunals specifically. The Global Community Yearbook appears annually in two-volume editions of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and also to choose experts from around the world who contribute essay-guides to illuminate those c...