International Law And Armed Conflict, Exploring the Faultlines

International Law And Armed Conflict, Exploring the Faultlines
Author: Michael N. Schmitt
Publisher: Martinus Nijhoff Publishers
Total Pages: 629
Release: 2007
Genre: Law
ISBN: 9004154280

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International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday's wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the" jus ad bellum" and "jus in bello" are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein's classic works - "War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict "? the book addresses both "ius ad bellum" and "ius in bello" topics.


International Law And Armed Conflict, Exploring the Faultlines
Language: en
Pages: 629
Authors: Michael N. Schmitt
Categories: Law
Type: BOOK - Published: 2007 - Publisher: Martinus Nijhoff Publishers

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International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance o
The Distinction and Relationship Between Jus Ad Bellum and Jus in Bello
Language: en
Pages:
Authors: Keiichiro Okimoto
Categories:
Type: BOOK - Published: 2007 - Publisher:

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Regulating the Use of Force in Wars of National Liberation: The Need for a New Regime
Language: en
Pages: 288
Authors: Noelle Higgins
Categories: Law
Type: BOOK - Published: 2009-12-14 - Publisher: BRILL

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This work reconsiders and critically evaluates the complex international legal framework which seeks to regulate wars of national liberation in the light of two
Taming Ares: War, Interstate Law, and Humanitarian Discourse in Classical Greece
Language: en
Pages: 329
Authors: Emiliano J. Buis
Categories: Law
Type: BOOK - Published: 2018-05-01 - Publisher: BRILL

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In Taming Ares Emiliano J. Buis examines the sources of classical Greece to challenge both the state-centeredness of mainstream international legal history and
The Distinction and Relationship between Jus ad Bellum and Jus in Bello
Language: en
Pages: 390
Authors: Keiichiro Okimoto
Categories: Law
Type: BOOK - Published: 2011-07-01 - Publisher: Hart Publishing

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This book explores the distinction and relationship between two principal branches of international law regulating the use of force: jus ad bellum (internationa