Lawfare and the Importance of Legitimacy in Modern Wars of Choice: Proportionality and the Strategic Use of Law and Legal Arguments
Author: Alexander Matthias Kisling Harris
Publisher:
Published: 2016
Total Pages:
ISBN-13:
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Author: Alexander Matthias Kisling Harris
Publisher:
Published: 2016
Total Pages:
ISBN-13:
DOWNLOAD EBOOKAuthor: Christine Chinkin
Publisher: Cambridge University Press
Published: 2017-04-27
Total Pages: 611
ISBN-13: 1107171210
DOWNLOAD EBOOKExamines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Author: Chris O'Meara
Publisher: Oxford University Press
Published: 2021-03-11
Total Pages: 289
ISBN-13: 0192608568
DOWNLOAD EBOOKStates invariably justify using force extraterritorially by reference to their right of self-defence. In doing so, they accept that the exercise of this right is conditioned by the customary international law requirements of necessity and proportionality. However, these requirements are notorious for being normatively indeterminate and operationally complex. As a breach of either requirement renders ostensibly defensive action unlawful, increased determinacy regarding their scope and substance is crucial to how international law constrains military force. This book examines the conceptual meaning, content, and practical application of necessity and proportionality as they relate to the right of self-defence following the adoption of the UN Charter in 1945. It provides a coherent and up-to-date description of the applicable contemporary international law and proposes an analytical framework to guide its operation and appraisal. This book argues that necessity and proportionality are conceptually distinct and must be applied in the foregoing order to avoid an insufficient 'catch-all' description of legality or illegality. Necessity determines whether defensive force may be used to respond to an armed attack and where it must be directed. Proportionality governs how much total force is permissible and prohibits excessive responses. Both requirements are shown to apply on an ongoing basis throughout the duration of an armed conflict prompted by self-defence. Compliance with necessity and proportionality ensures that the purposes of self-defence are met, and nothing more, and that defensive force is not unduly disruptive to third party interests and to international peace and security.
Author: Michael L. Gross
Publisher: Cambridge University Press
Published: 2017-06-09
Total Pages: 285
ISBN-13: 110713224X
DOWNLOAD EBOOKThis collection focuses on non-kinetic warfare, including cyber, media, and economic warfare, as well as non-violent resistance, 'lawfare', and hostage-taking.
Author: Adam B. Cox
Publisher: Oxford University Press
Published: 2020-08-04
Total Pages: 361
ISBN-13: 0190694386
DOWNLOAD EBOOKWho controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Author: Mary Ellen O'Connell
Publisher: Cambridge University Press
Published: 2019-08
Total Pages: 313
ISBN-13: 1107190746
DOWNLOAD EBOOKProvides a multi-perspective study of the international law on self-defence against non-State actors.
Author: Camilla Guldahl Cooper
Publisher: BRILL
Published: 2019-12-02
Total Pages: 498
ISBN-13: 9004401687
DOWNLOAD EBOOKIn NATO Rules of Engagement, Camilla Guldahl Cooper provides a thorough analysis of NATO rules of engagement, and offers clarity on a concept which despite its considerable political, strategic and operational importance, is often misunderstood.
Author: Judith Gardam
Publisher: Cambridge University Press
Published: 2004-11-18
Total Pages: 288
ISBN-13: 1139456172
DOWNLOAD EBOOKThere has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.
Author: Damien Rogers
Publisher: Springer
Published: 2022-03-20
Total Pages: 485
ISBN-13: 9789811621154
DOWNLOAD EBOOKThis volume is the most comprehensive and up-to-date compilation of in-depth analyses on human rights violations committed in war. It offers myriad perspectives on the content and application of legal protections offered to civilians, including women, children and the elderly, and to others who are ‘no longer active in the fight.’ A series of carefully researched case studies illustrates the extent to which human rights violations occur in recent and current armed conflict, and signals the ways in which these violations are dealt with. Each of the contributing authors has been selected on the basis of their international academic reputation and/or professional standing within the human rights field. Given the alarming numbers of people harmed in recent and current armed conflict, this book will be of great interest to researchers, policymakers and opinion-shapers alike.
Author: Daria P. Wollschlaeger
Publisher: U.S. Government Printing Office
Published: 2011
Total Pages: 568
ISBN-13:
DOWNLOAD EBOOKNOTE: NO FURTHER DISCOUNT FOR THIS PRINT PRODUCT -OVERSTOCK SALE -- Significantly reduced list price Contains a compilation of scholarly papers and remarks derived from the proceedings of a conference hosted at the Naval War College on June 22-24, 2010 entitled "International Law and the Changing Character of War." The objectives of the conference were to catalogue the extent to whichh existing international law governs these changing aspects of warfare and to assess whether these developments warrant revision of existing international law. Related products: The United States Naval War College Fundamentals of War Gaming --Hardcover format can be found here: https: //bookstore.gpo.gov/products/sku/008-046-00269-0 -- Paperback format can be found here: https: //bookstore.gpo.gov/products/sku/008-046-00299-1 Weapon of Choice: U.S. Army Special Operations Forces in Afghanistan can be found here: https: //bookstore.gpo.gov/products/sku/008-029-00431-3 Civilian Surge: Key to Complex Operations can be found here: https: //bookstore.gpo.gov/products/sku/008-020-01585-7 Operational Culture for the Warfighter: Principles and Applications can be found here: https: //bookstore.gpo.gov/products/sku/008-000-01021-8 Applications in Operational Culture: Perspectives From the Field can be found here: https: //bookstore.gpo.gov/products/sku/008-000-01054-4 Other products produced by the U.S. Naval War College can be found here: https: //bookstore.gpo.gov/agency/621"