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Cluster Munitions and International Law

Cluster Munitions and International Law
Author: Alexander Breitegger
Publisher: Routledge
Total Pages: 252
Release: 2012-03-12
Genre: Law
ISBN: 1136507183

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This book offers a comprehensive argument for why pre-existing international law on cluster munitions was inadequate to deal with the full scope of humanitarian consequences associated with their use. The book undertakes an interdisciplinary legal analysis of restraints and prohibitions on the use of cluster munitions under international humanitarian law, human rights law, and international criminal law, as well as in relation to the recently adopted Convention on Cluster Munitions (CCM). The book goes on to offer an in-depth substantive and procedural analysis of the negotiations which led to the 2008 CCM, in part based on the author’s experiences as an adviser to Cluster Munitions Coalition-Austria. Cluster Munitions and International Law is essential reading for practitioners and scholars of International Law, including International Humanitarian, Human Rights, International Criminal or Disarmament Law and anyone interested in legal and humanitarian perspectives on cluster munitions legislation and policy. It is unique in bringing a practitioner’s perspective to a scholarly work.


The Convention on Cluster Munitions

The Convention on Cluster Munitions
Author: Gro Nystuen
Publisher: Oxford University Press
Total Pages: 866
Release: 2010-10-21
Genre: History
ISBN: 0199599009

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This is a commentary on the legislation around the use of cluster munitions in warfare.--


Cluster Munitions and International Humanitarian Law, to be Reconciled?

Cluster Munitions and International Humanitarian Law, to be Reconciled?
Author: Julien Bury
Publisher:
Total Pages:
Release: 2008
Genre:
ISBN:

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Main question to be answered is: Does the use of cluster munitions form an infringement to the general rules of international humanitarian law?


International Humanitarian Law: Theory, Practice, Context

International Humanitarian Law: Theory, Practice, Context
Author: Daniel Thürer
Publisher: BRILL
Total Pages: 504
Release: 2011-07-11
Genre: Law
ISBN: 9047441451

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Also available as an e-book This book is about international humanitarian law or - as it is also called - the "law of armed conflict"or "law of war". It emerged from a series of lectures delivered at the Hague Academy of International Law. The author deals with war and the means by which international law attempts to contain and, as it were, "humanize" organized violence. But the ambitions of the author go beyond the battlefield. The book explores the many complex ways in which law functions to regulate warfare, in theory and practice. The author looks into treaties and other sources of international law, but he also tries to step outside the boundaries of "black-letter law"to deal broadly with such matters as the influence of culture in shaping the norms on war, the institutions that develop those norms and work for their universal acceptance, the networks of humanitarian actors in this area and the legal procedures in which the law of war and its various institutions are embedded. The book demonstrates that even wars are, in various ways, conducted in "the shadow of the law".


Creating Consensus

Creating Consensus
Author: Geetanjali Mukherjee
Publisher: Geetanjali Mukherjee
Total Pages: 236
Release: 2014-09-22
Genre: Political Science
ISBN: 1537863088

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This book analyses the events leading up to the cluster munitions ban, the provisions of the treaty, as well as assesses the progress made in the years since towards a world without the presence of cluster munitions. Cluster bombs are weapons that are small but deadly. They often look like small metal canisters, and some of them are painted, giving them the innocuous appearance of a soda can. The unexploded submunitions that are scattered on the ground, in effect, act as landmines, that can kill or severely injure anyone who comes across them, sometimes even years and decades later. It has been reported that 98% of all casualties of cluster munitions are civilians, of which one-third are children. Cluster munitions have been used in numerous conflicts since the Second World War, and it has been estimated that at least 1 billion submunitions were stockpiled globally. The campaign to ban cluster munitions faced a monumental and nearly impossible task – to convince governments to agree to stop using a valuable weapon that they stockpiled by the hundreds of thousands, in a political climate where the interests of national security and state sovereignty outweighed humanitarian concerns in almost every instance. However, where many international agreements failed and diplomatic processes stalled, the campaign to ban cluster munitions succeeded. Despite strong opposition from many countries, 107 countries met in Dublin in May 2008 to negotiate and adopt a treaty prohibiting the use, production, transfer and stockpiling of cluster munitions. The outcome of the Oslo Process was a ray of hope among the usual cynicism and disenchantment of similar international processes. This book explores this question: how was this accomplished, and are there any wider lessons to be learned from it?


The Relationship between Economic, Social and Cultural Rights and International Humanitarian Law

The Relationship between Economic, Social and Cultural Rights and International Humanitarian Law
Author: Amrei Müller
Publisher: Martinus Nijhoff Publishers
Total Pages: 363
Release: 2013-05-15
Genre: Law
ISBN: 9004245286

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In The Relationship between Economic, Social and Cultural Rights and International Humanitarian Law, Amrei Müller offers a detailed analysis of the legal consequences of the parallel application of economic, social and cultural (ESC) rights and international humanitarian law (IHL) to non-international armed conflicts. With a focus on health related issues, the book covers important topics like the scope of limitations to and derogations from ESC rights, questions related to the integration of the right to health in military-target decisions, states’ obligations to mitigate the adverse public health impact of armed conflicts and obligations relating to the provision of humanitarian assistance. It moves the discussion about the parallel application of IHL and human rights to a new level, highlighting its potential to enhance the protection of people affected by armed conflicts but also the difficulties involved.


The Handbook of International Humanitarian Law

The Handbook of International Humanitarian Law
Author: Michael Bothe
Publisher: Oxford University Press, USA
Total Pages: 767
Release: 2013-08-29
Genre: History
ISBN: 0199658803

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The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.


A Dying Practice

A Dying Practice
Author: Bonnie Lynn Docherty
Publisher: Human Rights Watch
Total Pages: 88
Release: 2009
Genre: History
ISBN: 1564324699

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Technical and legal background on cluster munitions -- The belligerents and the cluster munitions used -- Use of cluster munitions by Russia -- Use of cluster munitions by Georgia -- Clearance and risk education -- Conclusion.


Weapons under International Human Rights Law

Weapons under International Human Rights Law
Author: Stuart Casey-Maslen
Publisher: Cambridge University Press
Total Pages: 683
Release: 2014-01-23
Genre: Law
ISBN: 1107729297

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International human rights law offers an overarching international legal framework to help determine the legality of the use of any weapon, as well as its lawful supply. It governs acts of States and non-State actors alike. In doing so, human rights law embraces international humanitarian law regulation of the use of weapons in armed conflict and disarmament law, as well as international criminal justice standards. In situations of law enforcement (such as counterpiracy, prisons, ordinary policing, riot control, and many peace operations), human rights law is the primary legal frame of reference above domestic criminal law. This important and timely book draws on all aspects of international weapons law and proposes a new view on international law governing weapons. Also included is a specific discussion on armed drones and cyberattacks, two highly topical issues in international law and international relations.