International Law and the Classification of Conflicts

International Law and the Classification of Conflicts

Author: Elizabeth Wilmshurst

Publisher: OUP Oxford

Published: 2012-08-02

Total Pages: 568

ISBN-13: 0191632236

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This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.


America and the Just War Tradition

America and the Just War Tradition

Author: Mark David Hall

Publisher: University of Notre Dame Pess

Published: 2019-03-30

Total Pages: 415

ISBN-13: 0268105286

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America and the Just War Tradition examines and evaluates each of America’s major wars from a just war perspective. Using moral analysis that is anchored in the just war tradition, the contributors provide careful historical analysis evaluating individual conflicts. Each chapter explores the causes of a particular war, the degree to which the justice of the conflict was a subject of debate at the time, and the extent to which the war measured up to traditional ad bellum and in bello criteria. Where appropriate, contributors offer post bellum considerations, insofar as justice is concerned with helping to offer a better peace and end result than what had existed prior to the conflict. This fascinating exploration offers policy guidance for the use of force in the world today, and will be of keen interest to historians, political scientists, philosophers, and theologians, as well as policy makers and the general reading public. Contributors: J. Daryl Charles, Darrell Cole, Timothy J. Demy, Jonathan H. Ebel, Laura Jane Gifford, Mark David Hall, Jonathan Den Hartog, Daniel Walker Howe, Kerry E. Irish, James Turner Johnson, Gregory R. Jones, Mackubin Thomas Owens, John D. Roche, and Rouven Steeves


Ethics of Armed Conflict

Ethics of Armed Conflict

Author: John W. Lango

Publisher: Edinburgh University Press

Published: 2014-01-29

Total Pages: 256

ISBN-13: 0748645764

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Just war theory exists to stop armies and countries from using armed force without good cause. But how can we judge whether a war is just? In this original book, John W. Lango takes some distinctive approaches to the ethics of armed conflict. DT A revisionist approach that involves generalising traditional just war principles, so that they are applicable by all sorts of responsible agents to all forms of armed conflict DT A cosmopolitan approach that features the Security Council DT A preventive approach that emphasises alternatives to armed force, including negotiation, nonviolent action and peacekeeping missions DT A human rights approach that encompasses not only armed humanitarian intervention but also armed invasion, armed revolution and all other forms of armed conflict Lango shows how these can be applied to all forms of armed conflict, however large or small: from interstate wars to UN peacekeeping missions, and from civil wars counter-insurgency and counter-terrorism operations.


Recent Japanese Studies of Modern Chinese History: v. 2

Recent Japanese Studies of Modern Chinese History: v. 2

Author: Joshua A. Fogel

Publisher: Routledge

Published: 2019-07-25

Total Pages: 146

ISBN-13: 1315491710

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Translations from Shigaku zassh (the oldest historical journal in Japan), 1983-86. Published simultaneously as v.22, no.1-2 of Chinese studies in history. No index. Annotation copyright Book News, Inc. Portland, Or.


The Future of the International Legal Order, Volume 3

The Future of the International Legal Order, Volume 3

Author: Cyril E. Black

Publisher: Princeton University Press

Published: 2019-01-29

Total Pages: 431

ISBN-13: 0691656088

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The eleven contributors to this volume come to grips with the hard realities of controlling war in our modern, interrelated world. All of them deal directly with the role of law in the management of conflict. From Cyril E. Black's introductory chapter, "Conflict Management and World Order," to Richard J. Barnet's concluding chapter, "Toward the Control of International Violence: The Limits and the Possibilities of Law," each expert moves from analysis of some immediate problem of international legal control to the direct application of law to war. The contributors include Tom J. Farer, Rosalyn Higgins, John Norton Moore, Daniel Wiles, William B. Bader, Arnold Kramish, Mason Willrich, W. Michael Reisman, and Harold Feiveson. Conflict Management is the third volume in a large-scale collaborative research project intended to focus the attention of international lawyers and social scientists on the near future of the international legal order. A brochure describing the entire series is available. Cyril E. Black is Duke Professor of Russian History and Director of the Center of International Studies, Princeton University. Richard A. Falk is Milbank Professor of International Law and Practice, Princeton University. Written under the auspices of the Center of Interntional Studies, Princeton University. Originally published in 1971. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.


The Critical Attitude and the History of International Law

The Critical Attitude and the History of International Law

Author: Jean D'Aspremont

Publisher: BRILL

Published: 2019-08-26

Total Pages: 66

ISBN-13: 9004411631

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This book questions the critical attitude that is informing the critical histories that have been flourishing since the ‘historical turn’ in international law. It makes the argument that the ‘historical turn’ falls short of being radically critical as the abounding critical histories which have come to populate the international literature over the last decades continue to be orchestrated along the very lines set by the linear historical narratives which they seek to question and disrupt, thereby repressing the imagination of international lawyers. It makes the point that the critical histories that have accompanied the ‘historical turn’ have contributed to the repression of disciplinary imagination just like other linear disciplinary histories. This book argues that the critical histories must move beyond a mere historiographical attitude and promotes radical historical critique in order to unbridle disciplinary imagination.


JUST WAR & HUMAN RIGHTS

JUST WAR & HUMAN RIGHTS

Author: Todd Burkhardt

Publisher:

Published: 2017-03-01

Total Pages: 192

ISBN-13: 9781438464022

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Discusses how just war theory needs to be revised to better secure and respect human rights.


Philosophy After Hiroshima

Philosophy After Hiroshima

Author: Fred Dallmayr

Publisher: Cambridge Scholars Publishing

Published: 2020-05-15

Total Pages: 465

ISBN-13: 1527551601

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Philosophy after Hiroshima offers a philosophical analysis of the issues surrounding war and peace, and their challenges to ethics. It reminds us that the threat posed to civilization by nuclear weapons persists, as does the need for continuing philosophical reflection on the nature of war, the problem of violence, and the need for a workable ethics in the nuclear age. The book recalls the atomic bombings of Hiroshima and Nagasaki as the beginning of the nuclear age, the Cold War, and subsequently of the hegemonic unilateralism of the sole superpower. Reviewing early critical responses to the first atomic bombings by such figures as Camus, Sartre, Russell, Heidegger, Jaspers and others, the authors themselves respond to contemporary threats to peace, including the US “global war on terrorism,” the recrudescence of militarism, and the continuation of imperial power politics by other means. In the nuclear age, the use of military force as a political instrument threatens the future of humanity. This poses formidable challenges to philosophy and calls for its transformation. In using memories of the atomic bombings to help us to grasp the moral implications of the current escalation of global violence, the authors hope to show the urgent relevance of nonviolence in the contemporary context. Drawing on a range of philosophical traditions—Taoist and Western—the contributors take up a welter of philosophical and political concerns of topical interest, including human rights, toleration, the politics of memory, intercultural dialogue, the ethics of co-responsibility, and the possibility of a cosmopolitan order of law and peace. Going beyond postmodernism and deconstruction, several of the authors develop a post-critical, constructive paradigm of thinking—a philosophy of the possible and a new methodology for the realization of the creative potential of the humanities. Philosophy is viewed as a peace-promoting global dialogue.