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The Law of Occupation
This monograph analyses the historical evolution of the laws of occupation as a special branch of international humanitarian law (IHL), focusing on the extent to which this body of law has been transformed by its interaction with the development of international human rights law. It argues that a large part of the laws of occupation has proved to be malleable while being able to accommodate changing demands of civilians and any other persons affected by occupation in modern context. Its examinations have drawn much on archival research into the drafting documents of the instruments of IHL, including the aborted Brussels Declaration 1874, the 1899/1907 Hague Regulations, the 1949 Geneva Conventions and the 1977 Additional Protocol I. After assessing the complementary relationship between international human rights law and the laws of occupation, the book examines how to provide a coherent explanation for an emerging framework on the rights of individual persons affected by occupation. It engages in a theoretical appraisal of the role of customary IHL and the Martens clause in building up such a normative framework.
Principles of International Criminal Law
Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.
Reigns of Terror
Marchak departs significantly from mainstream explanations of genocide, rejecting racism as a fundamental cause and disputing a wide range of other explanations that cite racist and religious ideologies, perception of threat, authoritarianism, and unique historical circumstances as primary causes. She argues that while these variables may be contributing factors, states move toward human rights crimes because their governments can no longer sustain a particular social hierarchy. Reasons for their paralysis may be economic, environmental, demographic, or purely political. In an attempt to re-establish the former status quo, they turn against groups low on the hierarchical scale, some of which...
Atrocity Speech Law
This book is the first comprehensive study of the international law encompassing hate speech. Prof. Gordon provides a broad analysis of the entire jurisprudential output related to speech and gross human rights violations for courts, government officials, and scholars. The book is organized into three parts. The first part covers the foundation: a brief history of atrocity speech and the modern treatment of hate speech in international human rights treaties and judgments under international criminal tribunals. The second part focuses on fragmentation: detailing the inconsistent application of the charges and previous prosecutions, including certain categories of inflammatory speech and a growing doctrinal rift between the ICTR and ICTY. The last part covers fruition: recommendations on how the law should be developed going forward, with proposals to fix the problems with individual speech offenses to coalesce into three categories of offense: incitement, speech-abetting, and instigation.
The Law and Practice of the United Nations
The Law and Practice of the United Nations examines the law of the United Nations through an analysis of the Organization’s practice from its inception until the present, in particular to the transformations the UN has undergone since the end of the Cold War. Special consideration is given to Chapter VII of the UN Charter and its interpretation, the United Nations’ membership and organs’ competences, along with the peaceful settlement of disputes, and coercive action for the maintenance of international peace and security. In addition, this important new edition explores such areas as general and smart sanctions, peacekeeping, authorizations of the Security Council, territorial administrations, self-determination, human rights, financing of the Organization, acts adoptable by the UN organs, and a review of their legality. Offering a fully revised and updated analysis of the main legal issues surrounding the United Nations’ practice, The Law and Practice of the United Nations will be of interest to all those involved with legal issues surrounding the United Nations, the analysis of said issues, and their impacts on international practice
The Antarctic Environmental Protocol and Its Domestic Legal Implementation
A major step towards the comprehensive protection of the Antarctic environment is the adoption of the Protocol on Environmental Protection to the Antarctic Treaty in 1991. The Protocol entered into force in January 1998 and provides a comprehensive system of obligations and prohibitions addressing most types of activities in the region south of 60 degrees south latitude. However, because of the absence of undisputed sovereignty in Antarctica, the legal protection of the Antarctic environment depends on the collective efforts of the Contracting Parties to the Protocol. Have the Contracting Parties adequately incorporated the key provisions of the Protocol into their domestic legal systems? Will the complex of domestic legal systems of the Contracting Parties adequately ensure a 'comprehensive protection' of the 'natural reserve' of Antarctica, as specified by Article 2 of the Protocol? These questions are the subject of this book.
New War Technologies and International Law
This book analyses how existing international law limits the use of means of warfare utilising the properties of nanomaterials.
