The Rule of Law in Crisis and Conflict Grey Zones
The Rule of Law in Crisis and Conflict Grey Zones

Author: Michael John-Hopkins

Publisher: Routledge

Published: 2016-12-01

Total Pages: 528

ISBN-13: 1351996738

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This book responds to ongoing calls for clarification and consensus regarding the meaning, scope and interplay of humanitarian law and human rights law in the ‘grey zones’ of unconventional operational environments such as counterterrorism and counterinsurgency operations. It contributes to the debate in this area by developing objective criteria for determining where the shift from the legal framework of law enforcement to that of non-international armed conflict occurs in relation to targeting law and weaponry law; by developing improved objective criteria for determining what constitutes direct participation in hostilities and de facto membership in an organised armed group; by taking stock of how existing targeting and weaponry rules are being applied to unconventional conflicts within civilian populated areas by key state players as well as by international and regional human rights mechanisms; by arguing for the progressive realisation of targeting and weaponry law so that they are more fitting for operational environments that are increasingly urbanised and civilianised; by seeking to understand how global networked connectivity may affect our understanding of the operational theatre of war and the geographical reach of the legal framework of non-international armed conflict.

New Zealand Yearbook of International Law
New Zealand Yearbook of International Law

Author: Christian Riffel

Publisher: BRILL

Published: 2019-06-24

Total Pages: 328

ISBN-13: 9004387935

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The New Zealand Yearbook of International Law is an annual, internationally refereed publication intended to stand as a reference point for legal materials and critical commentary on issues of international law. The Yearbook also serves as a valuable tool in the determination of trends, state practice and policies in the development of international law in New Zealand, the Pacific region, the Southern Ocean and Antarctica and seeks to generate scholarship in those fields. In this regard the Yearbook contains an annual ‘Year-in-Review’ of developments in international law of particular interest to New Zealand as well as a dedicated section on the South Pacific. This Yearbook covers the period 1 January 2017 to 31 December 2017.

Votes, Drugs, and Violence
Votes, Drugs, and Violence

Author: Guillermo Trejo

Publisher: Cambridge University Press

Published: 2020-09-03

Total Pages: 379

ISBN-13: 1108899900

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One of the most surprising developments in Mexico's transition to democracy is the outbreak of criminal wars and large-scale criminal violence. Why did Mexican drug cartels go to war as the country transitioned away from one-party rule? And why have criminal wars proliferated as democracy has consolidated and elections have become more competitive subnationally? In Votes, Drugs, and Violence, Guillermo Trejo and Sandra Ley develop a political theory of criminal violence in weak democracies that elucidates how democratic politics and the fragmentation of power fundamentally shape cartels' incentives for war and peace. Drawing on in-depth case studies and statistical analysis spanning more than two decades and multiple levels of government, Trejo and Ley show that electoral competition and partisan conflict were key drivers of the outbreak of Mexico's crime wars, the intensification of violence, and the expansion of war and violence to the spheres of local politics and civil society.

The Effects of Armed Conflict on Investment Treaties
The Effects of Armed Conflict on Investment Treaties

Author: Tobias Ackermann

Publisher: Cambridge University Press

Published: 2022-08-25

Total Pages: 401

ISBN-13: 1009207784

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This book analyses the multi-faceted impact armed conflict has on investment treaties. Refuting the common association of the outbreak of hostilities with the termination or suspension of treaties, it not only makes a case for the continuity of investment treaties. The book argues that the impact of armed conflict on such agreements goes far beyond these questions: Changed factual circumstances and public interests as well as international humanitarian law heavily influence the application and interpretation of investment protection standards. The book argues that investment treaties can and must channel these effects to remain effective during armed conflict and strike a fair balance between investor and public interests. It shows ways in which contextual and systemic interpretation, respect for reasonable state action, and careful treaty design can ensure that investment treaties continue to fulfil their purpose of strengthening compliance with legal rules also in times of armed conflict.

The Use of Armed Force in Occupied Territory
The Use of Armed Force in Occupied Territory

Author: Marco Longobardo

Publisher: Cambridge University Press

Published: 2018-10-18

Total Pages: 351

ISBN-13: 1108684904

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This book explores the international law framework governing the use of armed force in occupied territory through a rigorous analysis of the interplay between jus ad bellum, international humanitarian law, and international human rights law. Through an examination of state practice and opinio juris, treaty provisions and relevant international and domestic case law, this book offers the first comprehensive study on this topic. This book will be relevant to scholars, practitioners, legal advisors, and students across a range of sub-disciplines of international law, as well as in peace and conflict studies, international relations, and political science. This study will influence the way in which States use armed force in occupied territory, offering guidance and support in litigations before domestic and international courts and tribunals.

Competition in Order and Progress
Competition in Order and Progress

Author: John P. Sullivan

Publisher: Xlibris Corporation

Published: 2022-03-10

Total Pages: 363

ISBN-13: 1669809536

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Competition in Order and Progress examines the competition in statemaking between criminal enterprises (gangs, militias, and criminal armed groups) and the state. The title builds from Brazil’s motto Ordem e Progresso to capture the dynamics of state transition in Brazil’s favelas, prisons, and beyond.

US Intelligence and Al Qaeda
US Intelligence and Al Qaeda

Author: de Werd Peter de Werd

Publisher: Edinburgh University Press

Published: 2020-09-21

Total Pages: 316

ISBN-13: 1474478093

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This book sets out a new analytic methodology: analysis by contrasting narratives (ACN), which states that defining an enemy and attempting to counter threats can contribute to the manifestation of that threat. Peter de Werd applies ACN to the problem the US faced in understanding and responding to the phenomenon of Al Qaeda in the 1990s. He demonstrates how this approach can fill a gap in intelligence studies by enhancing the understanding of complex intelligence problems and strengthening the practice of intelligence analysis. Adopting a reflexivist theoretical stance, the book underlines the importance of an integrated approach to interpretation and action, and of a continuous dialogue between intelligence and policy.

How International Law Works in Times of Crisis
How International Law Works in Times of Crisis

Author: George Ulrich

Publisher:

Published: 2019

Total Pages: 369

ISBN-13: 0198849664

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For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.

Israel Yearbook on Human Rights, Volume 49 (2019)
Israel Yearbook on Human Rights, Volume 49 (2019)

Author: Yoram Dinstein

Publisher: BRILL

Published: 2019-09-16

Total Pages: 351

ISBN-13: 9004404600

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The Israel Yearbook on Human Rights- an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations).

International Law and the Use of Force
International Law and the Use of Force

Author: Christine D. Gray

Publisher:

Published: 2008

Total Pages: 474

ISBN-13: 0199239142

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This book explores the whole of the large and controversial subject of the use of force in international law; it examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the growing importance of regional organizations in the maintenance of international peace and security. Since the publication of the second edition of International Law and the Use of Force the law in this area has continued to undergo a fundamental reappraisal. Operation Enduring Freedom carries on against Al Qaida and the Taliban in Afghanistan six years after the terrorist attacks of 11 September 2001. Can this still be justified as self-defense in the 'war on terror'? Is there now a wide right of pre-emptive self-defense against armed attacks by non-state actors? The 2006 Israel/Lebanon conflict and the recent intervention of Ethiopia in Somalia raise questions about whether the 'war on terror' has brought major changes in the law on self-defense and on regime change. The 2003 invasion of Iraq gave rise to serious divisions between states as to the legality of this use of force and to talk of a crisis of collective security for the UN. In response the UN initiated major reports on the future of the Charter system; these rejected amendment of the Charter provisions on the use of force. They also rejected any right of pre-emptive self-defense. They advocated a 'responsibility to protect' in cases of genocide or massive violations of human rights; the events in Darfur show the practical difficulties with the implementation of such a duty.