Search results

You are looking at 51 - 60 of 1,234 items for :

  • "international law" x
  • Refine by access: All content x
Clear All
Third edition
Author: Leslie C. Green

It has been accepted since antiquity that some restraint should be observed during armed conflict. This book examines the apparent dichotomy and introduces any study of the law of armed conflict by considering the nature and legality of war. The purpose of what is known as the law of armed conflict or, more commonly, the law of war is to reduce the horrors inherent therein to the greatest extent possible, bearing in mind the political purpose for which the war is fought, namely to achieve one's policies over one's enemies. The discussion on the history and sources of the law of armed conflict pays most attention to warfare on land because that is the region for which most agreements have been drawn up, although attention has been accorded to both aerial and naval warfare where it has been considered necessary. Traditionally, international law was divided into the law of war and the law of peace, with no intermediate stage between. Although diplomatic relations between belligerents are normally severed once a conflict has commenced, there remain a number of issues, not all of which are concerned with their inter-belligerent relations, which require them to remain in contact. War crimes are violations of the and customs of the law of armed conflict and are punishable whether committed by combatants or civilians, including the nationals of neutral states. The book also talks about the rights and duties of the Occupying Power, civil defence, branches of international law and prisoners of war.

Fabian Cardenas

The influence of non-State actors in international law is almost uncontested. 1 It is commonly recognized that non-State actors have definitely revolutionized the traditional State-centric perspective of international law as they have permeated multiple international legal dynamics and institutions. 2 Accordingly, non-State actors are nowadays addressees of rights and obligations contained in international treaties 3 and customary law, 4 they have appeared before international courts, 5 they have promoted massive international summits that have led to the

in International organisations, non-State actors, and the formation of customary international law
Abstract only
Legal cartographies of migration and mobility: Ayelet Shachar in dialogue
Series: Critical Powers
Author: Ayelet Shachar

The border is one of the most urgent issues of our times. We tend to think of a border as a static line, but recent bordering techniques have broken away from the map, as governments have developed legal tools to limit the rights of migrants before and after they enter a country’s territory. The consequent detachment of state power from any fixed geographical marker has created a new paradigm: the shifting border, an adjustable legal construct untethered in space. This transformation upsets our assumptions about waning sovereignty, while also revealing the limits of the populist push toward border-fortification. At the same time, it presents a tremendous opportunity to rethink states’ responsibilities to migrants. This book proposes a new, functional approach to human mobility and access to membership in a world where borders, like people, have the capacity to move.

Nikolaos Voulgaris

International organisations have emerged in the United Nations era, alongside States, as some of the most prominent actors in international law. Within a very limited time-span they have grown considerably in number but also in size. There remains nevertheless, until today, a certain ambivalence as to their lawmaking capacity in the international legal order, especially with respect to customary international law. 1 The argument has been made long ago that such institutions provide ‘shortcuts to finding custom’. 2 Decision-making procedures within such

in International organisations, non-State actors, and the formation of customary international law
General Assembly resolutions
Rossana Deplano

On 30 May 2016 the International Law Commission adopted a set of sixteen Conclusions aimed at explaining how a customary rule is formed and how it is possible to identify either an emerging or a fully formed rule of customary law. However, being the process of custom creation entirely informal and unstructured, the International Law Commission Conclusions do not, and cannot, represent an objective method for ascertaining customary rules. They thus fail to provide authoritative guidance to practitioners in the field of international organizations’ practice

in International organisations, non-State actors, and the formation of customary international law
Jean d’Aspremont

the International Committee of the Red Cross’s ambiguous positions on the matter. 2 This time – and as if scholarly research agendas were determined outside academic circles – it is the provisional adoption by the International Law Commission of a specific draft conclusion on the matter that ignited this new fervour. 3 This renewed scholarly excitement for the oft-discussed question of non-State actors’ participation in custom-forming processes – and which this volume is certainly complicit in — remains in need of justifications as to whether, from the perspective

in International organisations, non-State actors, and the formation of customary international law
Catherine Brölmann

The Conclusions on Identification of Customary International Law (hereafter ‘the Conclusions’) as adopted by the International Law Commission on second reading 1 are an important resource in a thorny area of international law. A stated primary aim is to offer guidance to practitioners, 2 which accounts for the focus on systematisation of positive international law and practice. The Conclusions are brief on the position of international organisations as independent actors in the formation of customary international law. This modest role could seem

in International organisations, non-State actors, and the formation of customary international law
Abstract only
Stories about international organisations, non-State actors, and the formation of customary international law
Sufyan Droubi and Jean d’Aspremont

International lawyers relish telling stories about customary law, its contents, and its modes of ascertainment. There is hardly a question of international law that has continuously attracted as much passionate story-telling as customary international law. The present volume contributes to such scholarly self-indulgence. Yet, it does so by presupposing that there exists an approach to custom-forming that is adverse to the central role of international organisations and non-State actors and which it calls the dominant orthodoxy. According to this projected

in International organisations, non-State actors, and the formation of customary international law
Jean-Baptiste Merlin

As other chapters in this volume confirm, the role of international organisations in the formation and expression of rules of customary international law, as well as the extent of such a role, remains controversial in legal doctrine and practice. This chapter explores several aspects of the practice of the Secretariat of the United Nations as a specific example in an attempt to identify significant points that may inform the general debate on the issue. In so doing, it follows a practical approach based on the recent work of the International Law Commission

in International organisations, non-State actors, and the formation of customary international law
From compassion to coercion
Author: David McGrogan

This book describes how human rights have given rise to a vision of benevolent governance that, if fully realised, would be antithetical to individual freedom.

It shows that contemporary human rights practice is increasingly managerial in nature, interested above all in measuring and improving human rights performance. This has the effect of shifting the focus of human rights from the individual rights-holder to the activities of the duty-bearer: the state, international organisation, or business. The result is a preoccupation with achieving measured improvements within abstract groups such as the population or ‘stakeholders’, with the individual rights-holder being relevant only insofar as he or she is a datapoint in a larger grouping. The book then analyses this trend and its consequences. It describes human rights’ evolution into a grand but nebulous project, rooted in compassion, with the overarching aim of improving universal welfare by defining the conditions of human well-being and imposing obligations on the state and other actors to realise them. The ultimate result is the ‘governmentalisation’ of a pastoral form of global human rights governance, in which power is exercised for the general good, moulded by a complex regulatory sphere which shapes the field of action for the individual at every turn.

The conclusion is that it is unsurprising that this alienating discourse has failed to capture the popular imagination – and that if the human rights movement is to succeed it may be necessary for it to do less rather than more.