Search results

You are looking at 1 - 10 of 62 items for :

  • "legal justification" x
  • Refine by access: All content x
Clear All
Author: Jenny Benham

"It is the contention of this book that there was a notion of international law in the medieval period, and more specifically in the period 700 to 1200. It examines and analyses the ways and the extent to which such as system of rules was known and followed in the Middle Ages by exploring treaties as the main source of international law, and by following a known framework of evidencing it: that it was practised on a daily basis; that there was a reliance upon justification of action; that the majority of international legal rules were consistently obeyed; and finally, that it had the function to resolve disputed questions of fact and law.

This monograph further considers problems such as enforcement, deterrence, authority, and jurisdiction, considering carefully how they can be observed in the medieval evidence, and challenging traditional ideas over their role and function in the history of international law. This monograph then, attempts to make a leap forward in thinking about how rulers, communities, and political entities conducted diplomacy and regulated their interactions with each other in a period before fully fledged nation states.

Abstract only
Rowland Atkinson and Sarah Blandy

described in another phrase that has had lasting power as exclusionary ‘despotic dominion’, what might be thought of as a kind of sovereignty expressed at the domestic scale (Blackstone, 1768: 2). Ownership thus enjoys firm support from the state that connects with the arguments of some commentators who have suggested that the desire to own one’s home is driven by deep territorial and acquisitive instincts (see Saunders, 1990: 69). So we can suggest that the psychological and legal justifications of property ownership chime with suggestions that ‘human territoriality’ is

in Domestic fortress
Arabs, Israelis, and the limits of military force
Author: Jeremy Pressman

The Arab–Israeli conflict has been at the centre of international affairs for decades. Despite repeated political efforts, the confrontation and casualties continue, especially in fighting between Israelis and Palestinians. This new assessment emphasizes the role that military force plays in blocking a diplomatic resolution. Many Arabs and Israelis believe that the only way to survive or to be secure is through the development, threat, and use of military force and violence. This idea is deeply flawed and results in missed diplomatic opportunities and growing insecurity. Coercion cannot force rivals to sign a peace agreement to end a long-running conflict. Sometimes negotiations and mutual concessions are the key to improving the fate of a country or national movement. Using short historical case studies from the 1950s through to today, the book explores and pushes back against the dominant belief that military force leads to triumph while negotiations and concessions lead to defeat and further unwelcome challenges. In The sword is not enough, we learn both what makes this idea so compelling to Arab and Israeli leaders and how it eventually may get dislodged.

Challenges and opportunities

This book explores the evolving African security paradigm in light of the multitude of diverse threats facing the continent and the international community today and in the decades ahead. It challenges current thinking and traditional security constructs as woefully inadequate to meet the real security concerns and needs of African governments in a globalized world. The continent has becoming increasingly integrated into an international security architecture, whereby Africans are just as vulnerable to threats emanating from outside the continent as they are from home-grown ones. Thus, Africa and what happens there, matters more than ever. Through an in-depth examination and analysis of the continent’s most pressing traditional and non-traditional security challenges—from failing states and identity and resource conflict to terrorism, health, and the environment—it provides a solid intellectual foundation, as well as practical examples of the complexities of the modern African security environment. Not only does it assess current progress at the local, regional, and international level in meeting these challenges, it also explores new strategies and tools for more effectively engaging Africans and the global community through the human security approach.

Maruša T. Veber

that prompted the adoption of sanctions. Through protests, international organisations either express dissatisfaction with certain activities of States towards which they are reacting or provide legal justification for the adoption of sanctions under international law. They relate to the supposedly wrongful acts and occasionally include express referral to primary rules, the violation of which was a reason for the adoption of sanctions in the first place. It seems therefore that as opposed to the acts of sanctioning protests are of the greatest relevance for the

in International organisations, non-State actors, and the formation of customary international law
Abstract only
Violence and the state - past, present and future
Matt Killingsworth, Matthew Sussex, and Gavin Daly

between the private and public sphere. The first claim we take issue with is that that the increasing reference by states to international law equates to de facto compliance with it. This view was espoused by Sir Arthur Watts when he noted that ‘virtually without exception states seek always to offer a legal justification for their actions’ which ‘demonstrates the value attached by states to

in Violence and the state
Abstract only
Gender trouble in Siddiq Barmak’s Osama
Gabrielle Simm

cry from the five wealthy young women, archetypal victims of kidnapping by Palestinian terrorists, on the yacht Rosebud in the film of the same name. Feminist film theory and international legal scholarship on the laws of war and the use of force have the potential to yield new insights into the ways in which power is configured in both film and law. Watching the war on women/the war in Afghanistan This section considers the legal justifications for the US bombardment and military presence in Afghanistan and how films about Afghanistan relate to such legal

in Cinematic perspectives on international law
Abstract only
David McGrogan

Dworkin’s “trump against the state” 24 held by the individual citizen against public authority, but as the legal justification for a programmatic interest in abstract social goals. And the State, as a result, is understood not merely or indeed primarily as a potential violator of individual rights, but rather the means by which rights are protected or find expression and “enjoyment” (with the failure to provide such enjoyment itself being a violation). Even in the arena of so-called negative rights – the classical field of civil and political “freedoms from” – we

in Critical theory and human rights
Open Access (free)
Alison Rowlands

the Emperor if he were tortured without sufficient legal justification, although Margaretha Horn also articulated an awareness of the possible intervention by the Emperor in Rothenburg’s affairs if the council mishandled her trial for witchcraft in 1652.7 In both cases the council took the warnings about the risk of imperial intervention to heart in their handling of the trials. The trials involving Margaretha Hörber in 1627 and Margaretha Harter in 1629 suggested that a religious edge had been added to the council’s assertion of its judicial autonomy: council

in Witchcraft narratives in Germany
Abstract only
Sonja Tiernan

Law Society of Ireland, announced that ‘marriage equality is an issue of fundamental rights and there is no legal justification for denying equality to samesex couples’.10 While such shows of public support were an immense boost to Yes Equality, another major obstacle to the campaign also appeared during this time. On the second day of May, the Irish Catholic Media Office released a statement from the Primate of All Ireland and Bishop of Armagh, Eamon Martin. The message was entitled ‘Care for the covenant of marriage’ and the text was preceded with Martin’s main

in The history of marriage equality in Ireland