Law Making And Legitimacy In International Humanitarian Law
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Author |
: Heike Krieger |
Publisher |
: Edward Elgar Publishing |
Total Pages |
: 488 |
Release |
: 2021-10-12 |
ISBN-10 |
: 1800883951 |
ISBN-13 |
: 9781800883956 |
Rating |
: 4/5 (51 Downloads) |
Synopsis Law-Making and Legitimacy in International Humanitarian Law by : Heike Krieger
International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved. Investigating what law-making processes reveal about the overall state of this legal regime, this thought-provoking book shows that current developments display a far-reaching disagreement about the direction into which IHL should evolve. It explores the most relevant trends in the development of IHL including the absence of formal law-making by states, informal law-making through manual processes and the increasing role of sub and non-state actors. Law-Making and Legitimacy in International Humanitarian Law will be of benefit to scholars and students of international law and relations, as well as practitioners working in the field of IHL, particularly in government ministries, international organizations and NGOs.
Author |
: Püschmann, Jonas |
Publisher |
: Edward Elgar Publishing |
Total Pages |
: 488 |
Release |
: 2021-10-19 |
ISBN-10 |
: 9781800883963 |
ISBN-13 |
: 180088396X |
Rating |
: 4/5 (63 Downloads) |
Synopsis Law-Making and Legitimacy in International Humanitarian Law by : Püschmann, Jonas
International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.
Author |
: Jean-Marie Henckaerts |
Publisher |
: Cambridge University Press |
Total Pages |
: 610 |
Release |
: 2005-03-03 |
ISBN-10 |
: 9780521808996 |
ISBN-13 |
: 0521808995 |
Rating |
: 4/5 (96 Downloads) |
Synopsis Customary International Humanitarian Law by : Jean-Marie Henckaerts
Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
Author |
: Emily Crawford |
Publisher |
: Oxford University Press |
Total Pages |
: 305 |
Release |
: 2022-01-22 |
ISBN-10 |
: 9780198819851 |
ISBN-13 |
: 0198819854 |
Rating |
: 4/5 (51 Downloads) |
Synopsis Non-Binding Norms in International Humanitarian Law by : Emily Crawford
This monograph examines and analyses the phenomenon of non-binding instruments (also known as 'soft law') in the law of armed conflict, or international humanitarian law. It covers the benefits and drawbacks for States and non-States actors as well as their effectiveness and development in the context of armed conflict.
Author |
: Giovanni Mantilla |
Publisher |
: Cornell University Press |
Total Pages |
: 260 |
Release |
: 2020-12-15 |
ISBN-10 |
: 9781501752605 |
ISBN-13 |
: 150175260X |
Rating |
: 4/5 (05 Downloads) |
Synopsis Lawmaking under Pressure by : Giovanni Mantilla
In Lawmaking under Pressure, Giovanni Mantilla analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order. Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.
Author |
: Hyeran Jo |
Publisher |
: Cambridge University Press |
Total Pages |
: 355 |
Release |
: 2015-08-21 |
ISBN-10 |
: 9781107110045 |
ISBN-13 |
: 1107110041 |
Rating |
: 4/5 (45 Downloads) |
Synopsis Compliant Rebels by : Hyeran Jo
This book analyzes civil wars over the past twenty years and examines what motivates some rebel groups to abide by international law.
Author |
: Lukas H. Meyer |
Publisher |
: Cambridge University Press |
Total Pages |
: 333 |
Release |
: 2009-11-12 |
ISBN-10 |
: 9780521199490 |
ISBN-13 |
: 0521199492 |
Rating |
: 4/5 (90 Downloads) |
Synopsis Legitimacy, Justice and Public International Law by : Lukas H. Meyer
"Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006"--Page ix.
Author |
: Chiara Redaelli |
Publisher |
: Bloomsbury Publishing |
Total Pages |
: 340 |
Release |
: 2021-02-25 |
ISBN-10 |
: 9781509940554 |
ISBN-13 |
: 1509940553 |
Rating |
: 4/5 (54 Downloads) |
Synopsis Intervention in Civil Wars by : Chiara Redaelli
This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.
Author |
: Emily Crawford (Writer on international law) |
Publisher |
: |
Total Pages |
: |
Release |
: 2021 |
ISBN-10 |
: 0191860115 |
ISBN-13 |
: 9780191860119 |
Rating |
: 4/5 (15 Downloads) |
Synopsis Non-binding Norms in International Humanitarian Law by : Emily Crawford (Writer on international law)
This monograph examines and analyses the phenomenon of non-binding instruments (also known as 'soft law') in the law of armed conflict, or international humanitarian law. It covers the benefits and drawbacks for States and non-States actors as well as their effectiveness and development in the context of armed conflict.
Author |
: Jutta Brunnée |
Publisher |
: Cambridge University Press |
Total Pages |
: |
Release |
: 2010-08-05 |
ISBN-10 |
: 9781139491471 |
ISBN-13 |
: 1139491474 |
Rating |
: 4/5 (71 Downloads) |
Synopsis Legitimacy and Legality in International Law by : Jutta Brunnée
It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.