Author:

Publisher: Bib. Orton IICA / CATIE

Published:

Total Pages: 242

ISBN-13:

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International Humanitarian Law and Human Rights Law

International Humanitarian Law and Human Rights Law

Author: Roberta Arnold

Publisher: BRILL

Published: 2008-07-31

Total Pages: 608

ISBN-13: 9047431871

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The book addresses the current issue of the applicability and application of international human rights law and international humanitarian law in times of armed conflict. Scholars chronologically argued that only international humanitarian law was applicable, that both legal regimes were applicable, and eventually that international humanitarian law was the lex specialis of human rights law. The most recent trend is to state that international humanitarian law and human rights law are merging into a single set of rules, a proposition that is the focus of the investigations carried out in this book. The book examines general issues relating to applicability and the implementation of the two legal regimes as well as provides case studies focusing on specific rights or persons. [The cover of this publication displays a patchwork symbolizing the merger between international humanitarian law and human rights. Neither the publisher nor the editors intended the design to reproduce the protected Red Cross emblem. Any resemblance to the Red Cross emblem is purely coincidental]


Refuge from Inhumanity? War Refugees and International Humanitarian Law

Refuge from Inhumanity? War Refugees and International Humanitarian Law

Author: David Cantor

Publisher: Martinus Nijhoff Publishers

Published: 2014-07-10

Total Pages: 512

ISBN-13: 9004261591

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This book contributes to a long-standing but ever topical debate about whether persons fleeing war to seek asylum in another country – ‘war refugees’ – are protected by international law. It seeks to add to this debate by bringing together a detailed set of analyses examining the extent to which the application of international humanitarian law (IHL) may usefully advance the legal protection of such persons. This generates a range of questions about the respective protection frameworks established under international refugee law and IHL and, specifically, the potential for interaction between them. As the first collection to deal with the subject, the eighteen chapters that make up this unique volume supply a range of perspectives on how the relationship between these two separate fields of law may be articulated and whether IHL may contribute to providing refuge from the inhumanity of war.


Refugees from Armed Conflict

Refugees from Armed Conflict

Author: Vanessa Holzer

Publisher:

Published: 2015-08-31

Total Pages: 300

ISBN-13: 9781780683188

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Armed conflicts are a major cause of forced displacement, but people displaced by conflict are often not recognized as refugees under the 1951 Convention Relating to the Status of Refugees. They are frequently considered as having fled from generalized violence rather than from persecution. This book determines the international meaning of the refugee definition in Article 1A(2) of the Convention as regards refugee protection claims related to situations of armed conflict in the country of origin. Although the human rights based interpretation of the refugee definition is widely accepted, the interpretation and application of the Convention as regards claims to refugee status that relate to armed conflict is often marred with difficulties. Moreover, contexts of armed conflict pose the question of whether and to what extent the refugee definition should be interpreted in light of international humanitarian law. This book identifies the potential and limits of this interpretative approach. Starting from the history of international refugee law, the book situates the 1951 Convention within the international legal framework for the protection of the individual in armed conflict. It examines the refugee definition in light of human rights, international humanitarian law, and international criminal law, focusing on the elements of the refugee definition that most benefit from this interpretative approach: persecution and the requirement that the refugee claimant's predicament must be causally linked to the race, religion, nationality, and/or membership of a particular social group or political opinion. (Series: International Law - Vol. 15) [Subject: International Law, Humanitarian Law, Human Rights Law, Criminal Law]


When Men Revolt and Why

When Men Revolt and Why

Author: James Chowning Davies

Publisher: Transaction Publishers

Published: 1997-01-01

Total Pages: 396

ISBN-13: 9781412841405

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The environment within which humans interact has changed dramatically since the Industrial Revolution. However, their expectations stem from the same hopes and dreams people have had from the beginning of humankind. When Men Revolt and Why encourages readers to look closer and more deeply into the relationships between humans and the institutions that have originated to help them realize their full potential. The contributors not only examine people, but also the need to change institutions that have outworn their usefulness. When institutions inhibit rather than facilitate everyone's desire to live a full life, the result is likely to be violence. This book offers the ideas of many people who have tried to dig deeper into basic causes of violence. Included in this volume are selections by Aristotle, Tocqueville./Marx and Engels, and Brinton. The ideas they espoused still hold vitality. In his new introduction, James Davies talks about the circumstances under which this book was originally published. In Vietnam, a people were fighting for their autonomy. In the United States, many Americans were protesting against American involvement in the Vietnam War. Blacks were marching for their civil rights. Women were fighting for equality. Time has tempered these conflicts. Davies maintains that we remain ignorant of the elemental forces that impel people and nations to resort to violence. We are usually surprised by their anger and shocked by their violence. Davies asserts that we need to learn more about how humans respond to change so as to prepare ourselves for such responses to change. When Men Revolt and Why is as timely as ever as we deal with uncertainty in various areas of the world— the former Yugoslavia, the Middle East, and Ireland, among others. It is especially pertinent for political scientists, historians, and sociologists.


In Flight from Conflict and Violence

In Flight from Conflict and Violence

Author: Volker Türk

Publisher: Cambridge University Press

Published: 2017-01-20

Total Pages: 563

ISBN-13: 1316773108

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The impact of violence and conflict on refugee status determination and international protection is a key developing field. Given the contemporary dynamics of armed conflict, how to interpret and apply the refugee definitions at global and regional levels is increasingly relevant to governmental policy-makers, decision-makers, legal practitioners, academics and students. This book will provide a comprehensive analysis of the global and regional refugee instruments as they apply to claimants in flight from situations of armed violence and conflict, exploring their interrelationship and how they are interpreted and applied (or should be applied). As part of a broader United Nations High Commissioner for Refugees project to develop guidelines on the interpretation and application of international refugee law instruments to claimants fleeing armed conflict and other situations of violence, it includes contributions from leading scholars and practitioners in this field as well as emerging authors with specific expertise.


A Cross-Polity Survey

A Cross-Polity Survey

Author: Arthur S. Banks

Publisher: MIT Press (MA)

Published: 1971-02-15

Total Pages: 1416

ISBN-13: 9780262523585

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In this unique adaptation of the "cross-cultural" method to comparative politics, a computer is used to compare all of the 115 independent governments in the world. The result is a body of readable two-way cross-classifications from which the major patterns of political phenomena can be perceived at a glance.