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Asia-Pacific States and the Development of International Humanitarian Law

Asia-Pacific States and the Development of International Humanitarian Law
Author: Sandesh Sivakumaran
Publisher:
Total Pages: 0
Release: 2018
Genre:
ISBN:

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This chapter considers the development of international humanitarian law by states from the Asia-Pacific region. It explores the contribution of individual states from the region to the drafting of the 1949 Geneva Conventions and the 1977 Additional Protocols. It examines the extent to which state practice and opinio juris from states from the region are used in the formation of customary international humanitarian law rules, using as case studies the ICRC Customary International Humanitarian Law study and jurisprudence of the ICTY. The role of national judicial decisions from the region is analysed. The chapter then turns to the use of materials from Asia-Pacific states in leading teachings of publicists, such as the ICRC Commentaries on the Geneva Conventions and Additional Protocols and the work of expert groups.


Asia-Pacific Perspectives on International Humanitarian Law

Asia-Pacific Perspectives on International Humanitarian Law
Author: Suzannah Linton
Publisher: Cambridge University Press
Total Pages: 926
Release: 2019-11-07
Genre: Law
ISBN: 9781108497244

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Place is inextricably linked to history by way of culture, language, philosophy, faith and the development of worldviews. The richness and depth of experience of the Asia-Pacific region has been under-studied, over-simplified and under-appreciated. This book addresses that lacuna in the subject area of international humanitarian law. Drawing on authoritative perspectives and interviews with experts in and on this topic, including four of the region's most distinguished international judges, forty-one chapters thematically examine the development of international humanitarian law; practice and application of international humanitarian law; implementation and enforcement of international humanitarian law; and looking to the future and enhancing compliance with international humanitarian law. The expert contributors draw out unique features, providing fresh insights to scholarship. Contributions on and from the area also grapple with the regional commitments to humanitarianism generally, illuminating how and why international humanitarian law might be more readily accepted or ignored in armed conflicts in the region.


The Oxford Handbook of International Law in Asia and the Pacific

The Oxford Handbook of International Law in Asia and the Pacific
Author: Simon Chesterman
Publisher: Oxford Handbooks
Total Pages: 904
Release: 2019-04-28
Genre: Law
ISBN: 0198793855

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The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialized branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. The Oxford Handbook of International Law in Asia and the Pacific brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order.


The Dissemination of International Humanitarian Law, the Laws of Armed Conflict and Human Rights Law by Nation States - Two Options for Educating the Armed Forces Within the Asia-Pacific Region

The Dissemination of International Humanitarian Law, the Laws of Armed Conflict and Human Rights Law by Nation States - Two Options for Educating the Armed Forces Within the Asia-Pacific Region
Author: Matthew Peter Fawkner
Publisher:
Total Pages: 460
Release: 1996
Genre: Dissertations, Academic
ISBN:

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National Human Rights Institutions in the Asia Pacific Region

National Human Rights Institutions in the Asia Pacific Region
Author: Brian Burdekin
Publisher: Martinus Nijhoff Publishers
Total Pages: 573
Release: 2007
Genre: Political Science
ISBN: 9004153365

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The purpose of this book is to provide a consolidated collection of materials to facilitate comparison of the various national human rights institutions (NHRIs) already established in the Asia-Pacific region, against a background of selected international materials and with the assistance of several comparative tables. The latter are not intended to be exhaustive, but are designed to assist in identifying and considering the strengths and weaknesses inherent in the legislative mandates of each national institution. While the collection is primarily intended for teaching purposes, it should also be useful to countries considering establishing a national human rights commission or, for those which have already done so, strengthening its mandate. For this reason several sections have been included outlining the relationship which should exist between NHRIs, the Executive, the Legislature, the Judiciary and other related institutions and a short section on the importance of the process which should precede their establishment.


The Persistence of Reciprocity in International Humanitarian Law

The Persistence of Reciprocity in International Humanitarian Law
Author: Bryan Peeler
Publisher: Cambridge University Press
Total Pages: 227
Release: 2019-10-24
Genre: Law
ISBN: 110848669X

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An evaluation of the importance of reciprocity in considering states' legal obligations in armed conflicts.


Lawmaking under Pressure

Lawmaking under Pressure
Author: Giovanni Mantilla
Publisher: Cornell University Press
Total Pages: 167
Release: 2020-12-15
Genre: Law
ISBN: 1501752596

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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.


Encyclopedia of Public International Law in Asia (3 Vols)

Encyclopedia of Public International Law in Asia (3 Vols)
Author: Seokwoo Lee
Publisher: Brill Nijhoff
Total Pages:
Release: 2021-09-22
Genre:
ISBN: 9789004388772

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Although there is general acknowledgement of the great variety of cultures among Asian countries, strong themes of familiarity, mutual understanding, coherence and solidarity persists among them as a result of the numerous mutual cultural and religious contacts and interconnections that developed over the course of centuries. The examination of international law and its application in Asia can reveal the shared history of the continent, but also its unique development in each Asian state:00Incorporating the work of numerous leading scholars, the Encyclopedia of Public International Law in Asia provides a detailed description of the practice and implementation of international law in various Asian states. The Encyclopedia covers the introduction of Western international law; the resulting shift from Asian international law and the development of international law; and the impact that all of this has had on Asian states.