%{search_type} search results

• Introduction : An exploration of the shadowland of armed groups and international law / Katharine Fortin and Ezequiel Heffes
• Violence as redress : armed groups, the right to rebellion and the resort to force for gross violations of human rights / Luke Moffett
• The politics of armed non-state groups and the codification of international humanitarian law / Giovanni Mantilla
• ‘The right to participate in hostilities’: combatant privilege vs criminal responsibility for members of organised armed groups during international and domestic criminal trials / Rogier Bartels
• Proscription and group membership in counter-terrorism and armed conflict: Areas of tensions between criminal law and international humanitarian law / Ilya Sobol and Gloria Gaggioli
• Shadowland strategy: How non-state armed actors navigate between national laws and international law / Hyeran Jo and Niels H. Appeldorn
• Exploring the civilian and political institutions of armed non-state actors under IHL in an age of rebel governance / Katharine Fortin
• Rebel rulers and rules for rebels: Rebel governance and international law / Alessandra Spadaro
• From law-taking to law-making and law-adapting: exploring non-state armed groups’ normative efforts / Ezequiel Heffes
• The provision of healthcare by Islamist armed groups : between sharia and international law / Marta Furlan
• De facto justice: Prosecution by non-state actors in armed conflict / Helen Duffy
• ‘Equals, but not Equals’: The paradox of amnesties and armed groups in non-international armed conflict / Annyssa Bellal
• A matter of life and death: The impact of power-sharing on the legal position of armed groups / Daniëlla Dam-de Jong.

"Through its careful consideration of the status of armed groups within a complex legal landscape, this insightful book identifies and examines the tensions that arise due to their actions existing across a spectrum of legality and illegality. Considering the number of armed groups currently exercising governance functions and controlling territory and population in the world, its analysis is especially topical. Armed Groups and International Law provides essential peer-reviewed analyses of the place of armed groups in the legal framework. A collaborative effort between eminent scholars from different disciplines, it summarizes various points of contention within the study of these armed actors, detailing examples that are highly relevant to the contemporary world, such as Afghanistan and Syria. Addressing law-making, rebel governance and accountability, this illuminating book will be of great benefit to students of international humanitarian law, human rights law, international criminal law, and public international law seeking to expand their understanding of the treatment of armed groups within the international legal system. It will also serve as a useful resource for practitioners working in the area of civilian protection and academics conducting research on armed conflict from a variety of disciplines"-- Provided by publisher.

• The problem and how to approach it
• Basics of conflict resolution
• Complexities in conflict resolution
• Lessons for conflict resolution.

"This book is a fully revised introduction to resolving wars within and between states. It illustrates the ways to secure peace in the aftermath of all forms of political violence: from using armed force against civilians to gender-based violence; genocide to terrorism. Building on the many peace agreements that have been concluded in the past 30 years, this book draws on the UCDP [Uppsala Conflict Data Program], a definitive source for data on conflicts, wars and peace, and offers pathways to peace agreements in today's increasingly unpredictable global political landscape. Featuring the latest research and with examples throughout, including an analysis of the origins and dynamics of the Russia-Ukraine war, this text introduces the tools to understand conflict resolution and analyse future challenges to global peace"-- Provided by the publisher.

• Introduction
• Transitional justice, politics, and resistance in Cambodia
• The Khmer rouge tribunal : patronage, coercion, and pragmatism
• Victim participation : from the village to the courtroom, through urban spaces of protest
• Non-participation : transitional justice in the context of political violence
• Conclusion.

"From 1975 to 1979, while Cambodia was ruled by the brutal Communist Party of Kampuchea (Khmer Rouge) regime, torture, starvation, rape, and forced labor contributed to the death of at least a fifth of the country's population. Despite the severity of these abuses, civil war and international interference prevented investigation until 2004, when protracted negotiations between the Cambodian government and the United Nations resulted in the establishment of the Extraordinary Chambers in the Courts of Cambodia (ECCC), or Khmer Rouge tribunal. The resulting trials have been well scrutinized, with many scholars seeking to weigh the results of the tribunal against the extent of the offenses. Here, Bernath instead deliberately decenters the trials in an effort to understand the ECCC in its particular context-and the degree to which notions of transitional justice generally must be understood in particular social, cultural, and political contexts. She focuses on "sites of resistance" to the ECCC, including not only members of the elite political class but also citizens who do not, for a variety of tangled reasons, participate in the tribunal-and even resistance from victims of the regime and participants in the trials. Bernath demonstrates that the ECCC both shapes and is shaped by long-term contestation over Cambodia's social, economic, and political transformations, and thereby argues that transitional justice must be understood locally rather than as a homogenous good that can be implanted by international actors"-- Provided by publisher.

• Introduction: Making a world of states
• Constitution as archive : drafting the empire, 1848-1860s
• The secret science of double sovereignty : 1867 and after
• Fictional states : lands and nations
• Pure theory : Jellinek and Kelsen reinvent legal philosophy
• What is a new state? 1919 in the history of the Austro-Hungarian Empire
• State birth at the frontier of knowledge : reimagining international law from post-imperial Vienna
• Sovereignty in sequence : law, time, and decolonization
• Conclusion. The temporal life of states.

"Canonical theorists of sovereignty (Hobbes, Rousseau, and others) put the monopoly of power at the center of their definitions. These thinkers abstracted from western European experiences to universal norms. In the wake of their transformative contributions, states that did not fit the model appeared to be underdeveloped or deviant. Labels such as "provisional" or "irregular" rendered them irrelevant to theorizing and, worse, political problems that needed to be solved. One early "anomaly," says historian Natasha Wheatley, was the Habsburg Empire. Layered as it was with imperial, national, and regional sovereignty, its trajectory was not one of progress toward a unitary state. Instead, it encompassed compound polities, or states bundled together under experimental constitutional orders. Wheatley's aim in this book is to theorize from Central Europe to see how sovereignty can be produced in a complex world. In reconstructing this political and legal history, Wheatley treats Austria-Hungary as a crucible for modern legal theory. The serial remaking and eventual unmaking of imperial sovereigny in Central Europe showed how old-world dynastic conceptions of sovereignty were translated into abstract categories of modern legal thought. In so doing, she uncovers the irresolvable tensions and strategic silences in modern political theory: the presumed unity and timelessness of states. Eschewing explanations of "failure," she instead uncovers how the Central European experience crystallized legal questions that would arise again in the era of global decolonization, connecting the story of the end of empire to the birth of new nations throughout the twentieth century. In this respect, the work serves not only as a history of Central Europe but also a "prehistory" of the era of decolonization"-- Provided by publisher.

"International law is constantly navigating the tension between preserving the status quo and adapting to new exigencies. But when and how do such adaptation processes give way to a more profound transformation, if not a crisis of international law? To address the question of how attacks on the international legal order are changing the value orientation of international law, this book brings together scholars of international law and international relations. By combining theoretical and methodological analyses with individual case studies, this book offers readers conceptualizations and tools to systematically examine value change and explore the drivers and mechanisms of these processes. These case studies scrutinize value change in the foundational norms of the post-1945 order and in norms representing the rise of the international legal order post-1990. They cover diverse issues: the prohibition of torture, the protection of women's rights, the prohibition of the use of force, the nonproliferation of nuclear weapons, sustainability norms, and accountability for core international crimes. The challenges to each norm, the reactions by norm defenders, and the fate of each norm are also studied. Combined, the analyses show that while a few norms have remained surprisingly robust, several are changing, either in substance or in legal or social validity. The book concludes by integrating the conceptual and empirical insights from this interdisciplinary exchange to assess and explain the ambiguous nature of value change in international law beyond the extremes of mere progress or decline"-- Provided by publisher.

• Introduction to international law
• Sources of international law
• The law of treaties
• The legal status of actors in the international arena : states, international organizations, non-state groups, individuals, and multinational corporations
• International dispute settlement including international civil courts and civil tribunals
• Jurisdiction
• Title to territory
• International human rights
• Additional topics in human rights
• The use of force including war
• International criminal law
• The law of the sea
• International environmental law.

"When students are considering whether to read a book about "International Law," quite naturally they wish to know, in general terms, what the subject covers. The dilemma faced by anyone seeking to answer this question is how to convey a broad sense of the subject matter to someone who does not yet grasp the specifics of the subject. Perhaps the best answer would be "wait and see," but that would probably infuriate a good number of potential readers. This introduction will, however, be very brief. The book will then plunge into some of the specific issues addressed by international law with "Examples" and "Explanations." By the end of the book many questions about the nature and application of international law will have been tackled, by which time the reader should have the necessary background to begin to appreciate the underlying concepts of international law and to understand how this area of law operates"-- Provided by publisher.

• It is what it is not : introductory critical perspectives on the right of self-determination of peoples
• A critical genealogy of the right of nations to self-determination
• Self-determination between legal fictions and reality
• The right to self-determination as a state of exception in international law
• Paradoxes of the right of nations to self-determination : a critical reappraisal.

"The right of peoples to self-determination seems well-settled and covered extensively in the scholarly record. Yet old Trotsky's question - of whom is this right and to what? - haunts the self-determination literature. Somehow almost every work on it begins with an expression of puzzlement. This right turns out to be elusive, underdefined in its scope and content, paradoxical in almost every aspect. This book mobilises all powers of critical legal theory and modern philosophy to take the bull by its horns. Instead of ironing out the paradoxes, it aims to finally give them a proper explanation based on the concept of exception"-- Provided by publisher.

"The world faces more than 60 million people displaced by armed conflict and disasters as of 2022. Climate change is set to trigger large-scale displacement in the future. Internal Displacement and the Law discusses to what extent the present law can contribute to preventing, responding to, and resolving internal displacement and protecting the rights of these internally displaced persons (IDPs). It also identifies its weaknesses and examines ways to improve action. The book's analysis reflects the realities of internal displacement and the challenges faced by displaced individuals and communities, their hosts, governments, and international actors. Assessing the UN Guiding Principles on Internal Displacement and the Kampala Convention on the Protection and Assistance of Internally Displaced Persons in Africa, this enlightening volume investigates the relevance of international human rights and humanitarian law to the problem of displacement with an eye toward durable solutions. In line with its human rights approach, this work promotes a narrative that, based on the concept of sovereignty as responsibility, emphasizes the primary responsibility of states to address the needs of IDPs and views them as citizens with rights and agency rather than as vulnerable beneficiaries of humanitarian action. The author concludes that the body of relevant law amounts to an emerging legal regime on internal displacement whose substantive norms are largely adequate, but which faces specific institutional challenges at domestic and international levels that weaken efforts to address the plight of IDPs"-- Provided by publisher.

• Conversation one : what is critique?
• Conversation two : what is international law?
• Conversation three : international law and power
• Conversation four : many international legalities : hegemony and differentiation
• Conversation five : international legal History as Critique
• Conversation six : law in the political economy of the world
• Conversation seven : concluding thoughts-open questions.

"David Kennedy and Martti Koskenniemi, two leading critics of international law, join together to explore the successes and failures of global governance, as well as the fierce debates surrounding it. Erudite, open-minded, and at times personal, Of Law and the World is a poignant conversation about humanity's struggle to live together"-- Provided by publisher.

• Introduction
• The historical and legal context of the right of withdraw from the EU
• The right of withdraw from the EU in light of Brexit
• The EU's design of the UK's withdrawal process
• Negotiating and orderly withdrawal
• The Article 50 withdrawal agreement
• The future trade relationship: the EU-UK TCA
• Conclusion.

"The UK has generally leaned towards intergovernmental rather than supranational relations despite the significant restrictions on their sovereignty that 47 years of EU membership have entailed. These supranational constraints were not only a cause behind their attempt precisely to 'take back control' but have also been especially present during the process of Britain's withdrawal from the Union. Thus, this book brings together the many valuable lessons the British have left us with concerning the legal and procedural constraints that are placed on an EU Member State's withdrawal and which have also led to a post-Brexit Britain that continues bound by important supranational features that have crossed over from their abandoned membership into their new relationship with the EU"-- Provided by publisher.

• Introduction & overview
• Some abbreviations in relation to the IMTFE
• Timeline and primary materials
• Bibliographies and indexes
• Additional primary materials
• Books, chapters & treatises
• Encyclopedias, encyclopedic entries & other electronic resources
• Periodicals, law journals, law reviews, bar journals & related articles
• Dissertations & theses
• The participants & significant other : judges ; defendants ; prosecutors ; defense counsel ; significant other -- Selected libraries with significant collections
• Selected videos.

"On April 29, 1946, the International Military Tribunal for the Far East, also known as the IMTFE, the Tokyo Tribunal or the Tokyo Trials, began. This unique trial lasted for over 2 years and a half, with judges from 11 nations and only 28 defendants, all of whom were found guilty of various crimes against humanity and crimes against the peace. Both of these phrases were first used in this and its European counterpart, the International Military Tribunal. Though over the course of time other tribunals have become more well known, the Tokyo Tribunal was pivotal in the establishment of this means of international justice. This book is intended to bring the research of this trial up to date. In this book, Jim Mumm has sought to look at all of the literature since 2000 that focuses in whole or in part on this unique Japanese trial. The book will include a timeline that includes background events which were influential in establishing both the IMT and the IMTFE, as well as information on source documents from the era of the trials and literature that has not been included in previous bibliographies. While not intending to replicate other bibliographies, it will also point to major works from the 20th century" -- Publisher.

• Introduction: Autonomous weapons systems and the protection of the human person
• Sketching the debate
• Autonomous weapons systems under international human rights law
• Autonomous weapons systems under international humanitarian law
• Autonomous weapons systems and the 'accountability gap' conundrum
• Building the bridge to the future.

"Providing a much-needed study of the weapons paradox in the case of autonomous weapons, this book is a detailed and comprehensive account of the current debate over the use of autonomous weapons - should some form of regulation be applied or a total ban be enforced?"

• Introduction to the Research handbook on international law and cyberspace / Michael N. Schmitt
• The legal status of cyberspace : sovereignty redux? / Nicholas Tsagourias
• The rise of cyber norms / Marja Lehto
• Mapping power in cyberspace / Outi Korhonen and Ekaterina Markovich
• Jurisdiction in network society / Uta Kohl
• The international law of cyber intervention / Ido Kilovaty
• State responsibility in cyberspace / Constantine Antonopoulos
• Cyberspace and human rights / David P. Fidler
• International criminal responsibility in cyberspace / Kai Ambos
• International investment law and arbitration in cyberspace / Eric De Brabandere
• Cyber terrorism and use of the internet for terrorist purposes / Ben Saul and Kathleen Heath
• Cyber espionage and international law / Russell Buchan and Iñaki Navarrete
• International legal dimensions of cybercrime / Philipp Kastner and Fré́déric Mégret
• The notion of cyber operations / Paul A. L. Ducheine and Peter B. M. J. Pijpers
• Cyber operations as a use of force / Marco Roscini
• Self-defence in cyberspace / Carlo Focarelli
• Cyber-peacekeeping and international law / Nicholas Tsagourias and Giacomo Biggio
• Some thoughts on cyber deterrence and public international law / Eric Myjer
• Distinctive ethical challenges of cyberweapons / Neil C Rowe
• Classifying cyber warfare / Louise Arimatsu
• Is the principle of distinction still relevant in cyberwarfare? : from doctrinal discourse to States practice / Karine Bannelier
• International humanitarian law applied to cyber-warfare : precautions, proportionality and the notion of attack under the humanitarian law of armed conflict / Terry D. Gill
• Cyber war and the law of neutrality / David Turns
• European law and cyberspace / Ramses A. Wessel
• NATO and the international law of cyber defence / Steven Hill
• Russian approaches to international law and cyberspace / Sergey Sayapin
• Chinese approaches to cyberspace governance and international law in cyberspace / Zhixiong Huang and Yaohui Ying
• Cyber security in the Asia-Pacific / Hitoshi Nasu
• The United Nations and the regulation of cyber-security / Christian Henderson.

"This revised and expanded edition of the Research Handbook on International Law and Cyberspace brings together leading scholars and practitioners to examine how international legal rules, concepts and principles apply to cyberspace and the activities occurring within it. In doing so, contributors highlight the difficulties in applying international law to cyberspace, assess the regulatory efficacy of these rules and, where necessary, suggest adjustments and revisions."-- Provided by publisher

• Création
• L’efficacité difficile
• La légitimité aléatoire
• L’existence du décloisonnement
• Les effets du décloisonnement
• Les synergies de l’incitation
• Les synergies du contrôle.

"This work aims to present the creation and operation of the 3 regional human rights courts located in Strasbourg, San José and Arusha. Undeniably distant by a set of political, legal and sociological elements, these three jurisdictions are nevertheless linked by material elements and indisputable common questions. Materially, their reference texts are linked to the Universal Declaration of Human Rights of December 10, 1948. The respective preambles of the Safeguarding Convention, the American Convention and the African Charter insert, in fact, Regionalism into the more general framework of Universalism. As for the questions that run through them, they are irreducibly marked by convergent dynamics. The 3 Courts must permanently ensure the acceptance by the States, both of their existence and of the major lines of their jurisprudence; must encourage transformations of their respective systems so that they can adapt to different types of constraints or, conversely, curb any attempt to weaken their office; find the balance between the simple “safeguarding” of rights and freedoms on the one hand and their “development” on the other, having in sight the founding principles of their office and the reparation of the harm suffered by the victims. Dynamically comparing the mechanisms of the regional guarantee of human rights, using the tools of legal science, but also by mobilizing the resources of history, political science and sociology, makes it possible to recall that Justice of human rights is not self-evident. Despite the extraordinary development of international human rights law after the “45 moment”, the regional guarantee has never been a natural policy option for states. The 3 Courts were born in pain, evolved in dispersed order, and continue to fulfill their mission of protection in often complex political contexts where sovereign powers never allow themselves to be easily restrained"-- Provided by publisher.

• Introduction
• Due diligence in international law : history and “renaissance”
• The general regime of due diligence in international law
• Due diligence in international responsibility law
• Due diligence in the special regimes of international law
• Conclusion.

"Since the concept of due diligence first appeared in arbitral decisions at the end of the nineteenth century, its success in international law has been growing steadily. Yet its nature, sources and regime remain indeterminate in many ways. In response to the objections currently raised against it, this book provides a critical analysis of the practice of due diligence in international law. Its aim is to determine whether a principle, standard and/or obligation of due diligence does indeed exist under general international law; to identify what could constitute its normative structure, foundation and general regime; to establish the conditions, content and modalities of implementation of international responsibility for negligence; and, finally, to examine the specificities of due diligence in special regimes of international law, such as international environmental law, international cybersecurity law and international human rights law. More generally, the book also examines the reasons for due diligence’s “renaissance” in international law’s recent history and explains what this revival says about the state of the international legal and institutional order and the possibilities for its reform"-- Provided by publisher.

• Legal Status of Remote Operator in Maritime Autonomous Surface Ships (MASS) under international law : who can be a ship master? / Junghwan Choi
• Why will China's belt and road initiative bring a bright future to the world? : an international lawyer's perspective / Ran Guo
• The past, present, and future of investor-state arbitration in East Asia / Dae Un Hong and Ju Yoen Lee
• Unveiling the imperative of distributive justice in science, technology, and development : a legal analysis / Ridoan Karim
• Rethinking twenty years of American unilateralism in the Middle East : a critical evaluation of the war on terror / Eric Yong Joong Lee
• A call to MNCs to be a key part of climate solutions through the CHM principle / Tsung-Sheng Liao
• Thailand's lawsuit against the United States for causing COVID-19 / Patthara Limsira and Winatta Saengsook
• OBOR as an agent of revolution in international dispute resolution / Hamid Mukhtar and Hafiz Abdul Rehman Saleem
• Inflation reduction act's clean vehicle provisions : analysis of potential international trade law violations / Soojin Nam
• The coordinating role of public international law : observations in the field of intellectual property / Sung Pil Park
• The artificial intelligence in international law / Young-Yik Rhim and Kyung Bae Park
• Revitalizing anthropological approaches in international law : from international law to global law / Tikumporn Rodkhunmuang
• Lost opportunities in the CPTPP dispute settlement mechanism : lessons for future FTAs / Rajesh Sharma
• Pointing with Boneless finger and getting away with it : the ill-substantiation problem in cyber public attribution / Fan Yang
• Engineering compulsory food safety liability insurance in China : a joint perspective of public and private international law / Lin Zhang and Xiaochen Zhang.

"This book brings together critical legal analyses of ongoing global issues in the digital age by international lawyers in Asia. The authors critically redefine the mainstream thinking and ideas of contemporary international legal issues that the global community is facing. Given the rapidly shifting global legal landscape and framework, they shed light on the theoretical and practical questions in international law and reexamine their global context. Such independent and forward-looking approach suggests the ideas to shaping the global common good in the future human society. In both theory and practice, this book is a useful guide to Asian law, politics, economy, and business providing a fair and balanced point of view" -- Provided by publisher.

• Introduction to Influence operations in cyberspace
• Influence operations : the concept
• On influence operations : the case studies
• Sovereignty and non-intervention : the legal framework
• Legal analysis
• Conclusions and reflections on Influence operations in cyberspace.

"This enlightening book examines the use of online influence operations by foreign actors, and the extent to which these violate international law. It looks at key recent examples such as the 2016 UK EU Referendum, the 2016 American Presidential Election, and the 2017 French Presidential Election. Applying existing international law to the new cyberspace domain fuels the discourse on how states interpret international law, which increases legal ambiguity. This book contributes to this discourse by analysing the core elements of interventions and sovereignty, including territorial integrity and political independence, and the extent to which these elements were violated in the three central case studies. It concludes by reflecting on the future of influence operations in cyberspace and providing instruments and tools to better define when and how international law has been violated. Providing insights into the use of coercion and manipulation in influence operations, this book will be crucial reading for students and scholars in information and media law, internet and technology law, and public international law. It will also be beneficial for cyberspace experts and policymakers in international law and governance"-- Provided by publisher.