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International Law as Constructive Resistance towards Peace and Justice

International Law as Constructive Resistance towards Peace and Justice
Author: Makoto Seta
Publisher: BRILL
Total Pages: 262
Release: 2024-07-11
Genre: Law
ISBN: 9004681477

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Professor Toshiki Mogami, the featured figure of this memorial edition, has developed his academic career in international law and politics. Professor Mogami’s original normative and analytical framework is characterized by himself as Jus Contra Anarchism et Oligarchism: international law against interstate and institutionalised violence. The editors extract the very essence of his teachings from Professor Mogami’s masterpieces, specifically, International Law as Constructive Resistance towards Peace and Justice.


Promoting Peace Through International Law

Promoting Peace Through International Law
Author: Cecilia Marcela Bailliet
Publisher: OUP Oxford
Total Pages: 497
Release: 2015-01-29
Genre: Law
ISBN: 0191034290

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Within international law there is no unified concept of peace. This book addresses this gap by considering the liberal conception of peace within Western philosophy alongside the principle of 'peaceful coexistence' supported in the East. By tracing the evolution of the international law of peace through its historical and philosophical origins, this book investigates whether there is a 'right to peace'. The book explores how existing international law and institutions contribute to the establishment of peace, or how they fail to do so. It sets out how international law promotes the negative dimension of peace-the absence of violence-as well as its positive dimension: the presence of underlying conditions for peace. It also investigates whether international actors and institutions have particular obligations in relation to the establishment and maintenance of peace. Discussions include: the relationships between the different regimes of human rights, trade, development, the environment, and regulation of arms trade with peace; the role of women, refugees, and other groups seeking equal treatment; the role of peacekeepers, transitional justice mechanisms, international courts fact-finding missions, and national constitutional frameworks in upholding peace in practice; and how civil society participates in the promotion and safeguarding of peace. The book's comprehensive treatment of the concept of peace in international law makes it an ideal reference work for those working in the field, as well as for students.


Jus Post Bellum

Jus Post Bellum
Author: Carsten Stahn
Publisher: T.M.C. Asser Press
Total Pages: 0
Release: 2008
Genre: Law
ISBN: 9789067047197

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Jus ad bellum and jus in bello are established concepts in contemporary international law. This book is the first work to treat the origins, contents and contemporary challenges of jus post bellum. It offers new analysis and fresh thinking on one of the greatest challenges of warfare and armed force: the management and restoration of peace after conflict. Fundamental issues, such as the extraterritorial application of human rights obligations, the accountability of occupying powers and international organizations and approaches towards justice and reconciliation, are at the heart of contemporary debate. New concepts, such as the notion of responsibility to protect are gradually emerging. This book addresses these issues from a novel perspective. It identifies legal gaps and policy challenges and inquires to what extent they may be addressed under a common normative umbrella: Jus Post Bellum. The individual contributions offer guidance on shortcomings, directions and possible avenues of reform. In this way, the authors – from various disciplines, such as philosophy, legal history, political science and international law – contribute to the emerging scholarship in this field. Carsten Stahn is a Reader in Public International Law and International Criminal Justice, at the Swansea University School of Law, UK. Jann K. Kleffner is Assistant Professor at the Amsterdam University Center of International Law, The Netherlands, and the Managing Editor of the Yearbook of International Humanitarian Law.


Enforcing International Law

Enforcing International Law
Author: Benjamin B. Ferencz
Publisher:
Total Pages: 490
Release: 1983
Genre: International law
ISBN:

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Justice in Conflict

Justice in Conflict
Author: Mark Kersten
Publisher: Oxford University Press
Total Pages: 273
Release: 2016-08-04
Genre: Law
ISBN: 0191082945

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What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.


Contested Justice

Contested Justice
Author: Christian De Vos
Publisher: Cambridge University Press
Total Pages: 525
Release: 2015-12-18
Genre: Law
ISBN: 1107076536

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An in-depth and interdisciplinary analysis of the politics and practice of the International Criminal Court. This title is also available as Open Access.


The Iraq War and International Law

The Iraq War and International Law
Author: Philip Shiner
Publisher: Bloomsbury Publishing
Total Pages: 386
Release: 2008-09-17
Genre: Law
ISBN: 1847314589

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The decision by the US and UK governments to use military force against Iraq in 2003 and the subsequent occupation and administration of that State, has brought into sharp focus fundamental fault lines in international law. The decision to invade, the conduct of the war and occupation and the mechanisms used to administer the country all challenge the international legal community placing it at a crossroads. When can the use of force be justified? What are the limits of military operations? What strength does international criminal law possess in the face of such interventions? How effective is the international regime of human rights in these circumstances? What role does domestic law have to play? How the law now responds and develops in the light of these matters will be of fundamental global importance for the 21st century and an issue of considerable political and legal concern. This book explores this legal territory by examining a number of issues fundamental to the future direction of international law in the War's aftermath. Consideration is also given to the impact on UK law. Both practical and academic perspectives are taken in order to scrutinise key questions and consider the possible trajectories that international law might now follow.


A Post-liberal Peace

A Post-liberal Peace
Author: Oliver P. Richmond
Publisher: Routledge
Total Pages: 284
Release: 2011
Genre: History
ISBN: 0415667828

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This book examines how the liberal peace experiment of the post-Cold War environment has failed to connect with its target populations, which have instead set about transforming it according to their own local requirements. Liberal peacebuilding has caused a range of unintended consequences. These emerge from the liberal peaceâe(tm)s internal contradictions, from its claim to offer a universal normative and epistemological basis for peace, and to offer a technology and process which can be applied to achieve it. When viewed from a range of contextual and local perspectives, these top-down and distant processes often appear to represent power rather than humanitarianism or emancipation. Yet, the liberal peace also offers a civil peace and emancipation. These tensions enable a range of hitherto little understood local and contextual peacebuilding agencies to emerge, which renegotiate both the local context and the liberal peace framework, leading to a local-liberal hybrid form of peace. This might be called a post-liberal peace. Such processes are examined in this book in a range of different cases of peacebuilding and statebuilding since the end of the Cold War. This book will be of interest to students of peacebuilding, peacekeeping, peace and conflict studies, international organisations and IR/Security Studies.


The International Criminal Court and the Lord’s Resistance Army

The International Criminal Court and the Lord’s Resistance Army
Author: Joseph Otieno Wasonga
Publisher: Routledge
Total Pages: 251
Release: 2019-06-12
Genre: Political Science
ISBN: 0429662785

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This book interrogates the sharp contrast that emerged between demands of the norms of international rule of law and the interests of conflict resolution at a local level in northern Uganda. Examining how the nature and character of complex conflict situations like that of northern Uganda confounds the application of transitional justice mechanisms, The International Criminal Court and the Lord’s Resistance Army reveals the enduring dilemmas of transitional justice. Scrutinising the competing interests of punitive approaches to contemporary transitional justice and the political considerations for peace that may entail entering into dialogue with criminals, this book approaches such concepts from the perspective of international standards and the standpoint of the victims. While exploring the complexities of transitional justice processes, the book interrogates prevailing assumptions, proposing a broader conception that places at the centre local structural conditions associated with a conflict. The International Criminal Court and the Lord’s Resistance Army will be of interest to scholars and students of international law, African politics and conflict studies.