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International Norms and the Resort to War

International Norms and the Resort to War
Author: Gregory A. Raymond
Publisher: Springer Nature
Total Pages: 208
Release: 2020-08-27
Genre: Political Science
ISBN: 303054012X

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This book offers a fresh perspective on timeless questions concerning anarchy and order, power and principle, and public and private morality, by taking a novel approach to the study of the onset of war. Rather than looking at the distribution of wealth, military might, or other material capabilities to explain the onset of war, this book focuses instead on how international norms affect the use of military force. Critical of the realist assumption that international legal norms are unable to curb hostilities without a powerful central authority to enforce their injunctions, it contends that the normative context within which national leaders act sets the tone for world politics by communicating commonly accepted understandings about the limits of permissible action. Using quantitative analyses of the relationships between war-initiation norms and various types of armed conflict, the author calls into question realist beliefs regarding international norms, demonstrating that restrictive normative orders reduce the likelihood of war.


Democracy and War

Democracy and War
Author: David L. Rousseau
Publisher: Stanford University Press
Total Pages: 410
Release: 2005-03-24
Genre: Political Science
ISBN: 0804767513

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Conventional wisdom in international relations maintains that democracies are only peaceful when encountering other democracies. Using a variety of social scientific methods of investigation ranging from statistical studies and laboratory experiments to case studies and computer simulations, Rousseau challenges this conventional wisdom by demonstrating that democracies are less likely to initiate violence at early stages of a dispute. Using multiple methods allows Rousseau to demonstrate that institutional constraints, rather than peaceful norms of conflict resolution, are responsible for inhibiting the quick resort to violence in democratic polities. Rousseau finds that conflicts evolve through successive stages and that the constraining power of participatory institutions can vary across these stages. Finally, he demonstrates how constraint within states encourages the rise of clusters of democratic states that resemble "zones of peace" within the anarchic international structure.


The Laws of War in International Thought

The Laws of War in International Thought
Author: Pablo Kalmanovitz
Publisher: Oxford University Press
Total Pages: 176
Release: 2020-09-15
Genre: Law
ISBN: 0192507419

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The Law of Armed Conflict is usually understood to be a regime of exception that applies only during armed conflict and regulates hostilities among enemies. It assigns privileges to states far beyond what they are allowed to do in peacetime, and it mandates certain protections for non-combatants, which can often be defeated by appeals to military necessity or advantage. The Laws of War in International Thought examines the intellectual history of the laws of war before their codification. It reconstructs the processes by which political and legal theorists built the laws' distinctive vocabularies and legitimized some of their broadest permissions, and it situates these processes within the broader intellectual project that from early modernity spelled out the nature, function, and powers of state sovereignty. The book focuses on four historical moments in the intellectual history of the laws of war: the doctrine of just war in Spanish scholasticism; Hugo Grotius's theory of solemn war; the Enlightenment theory of regular war; and late nineteenth-century humanitarianism. By looking at these moments, Pablo Kalmanovitz shows how challenging and polemical it has been for international theorists to justify the exceptional and permissive character of the laws of war. In this way, he contributes to recover a sense of the historical foundations and many still problematic aspects of the Law of Armed Conflict.


Ethics and the Laws of War

Ethics and the Laws of War
Author: Antony Lamb
Publisher: Routledge
Total Pages: 173
Release: 2013-05-29
Genre: History
ISBN: 1136255427

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This book is an examination of the permissions, prohibitions and obligations found in just war theory, and the moral grounds for laws concerning war. Pronouncing an action or course of actions to be prohibited, permitted or obligatory by just war theory does not thereby establish the moral grounds of that prohibition, permission or obligation; nor does such a pronouncement have sufficient persuasive force to govern actions in the public arena. So what are the moral grounds of laws concerning war, and what ought these laws to be? Adopting the distinction between jus ad bellum and jus in bello, the author argues that rules governing conduct in war can be morally grounded in a form of rule-consequentialism of negative duties. Looking towards the public rules, the book argues for a new interpretation of existing laws, and in some cases the implementation of completely new laws. These include recognising rights of encompassing groups to necessary self-defence; recognising a duty to rescue; and considering all persons neither in uniform nor bearing arms as civilians and therefore fully immune from attack, thus ruling out ‘targeted’ or ‘named’ killings. This book will be of much interest to students of just war theory, ethics of war, international law, peace and conflict studies, and Security Studies/IR in general.


The Universal Grammar of the Laws of War

The Universal Grammar of the Laws of War
Author: David Jeffords Traven
Publisher:
Total Pages: 301
Release: 2013
Genre:
ISBN:

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Abstract: In contemporary political science, many international relations scholars presume that normative restrictions on military violence in world politics are an outgrowth of Western liberal modernity. Indeed, humanitarian norms such as the Geneva Conventions are comparatively recent in world politics, and many political scientists claim that they are a manifestation of new norms of appropriateness in international society. Drawing on historical evidence which suggests that political actors in Ancient China, the early Islamic empire, early medieval Europe, and modern international society all endorsed similar normative ideas for protecting the victims of war, I claim that humanitarian protection norms are fairly common in the history of advanced civilizations, more common than most political scientists have recognized. For political science, these findings raise an important puzzle: how do we explain why similar moral ideas emerge in very different cultural and material contexts? Extant theories of international norms are not well suited to answer this question because they assume that the initial development of norms is a random process that depends upon human agency, historical contingencies, and the existing material and ideational structure of international society. But if similar norms of war tend to emerge in different social contexts, then the initial factors that prompt the development of international norms may not be all that random after all. To explain how similar norms emerge in dissimilar material and cultural contexts, I argue that the laws of war are rooted in a universal moral psychology, or what some theorists call a "universal grammar" of moral discourse. Importantly, this argument implies that the development of modern humanitarian laws and human rights norms was in some sense inevitable: although history could have turned out differently, people tend to have strong psychological reactions to the pain and suffering of war, and these reactions lead them to create more humane international institutions when the opportunities for social change arise.


Documents on the Laws of War

Documents on the Laws of War
Author: Adam Roberts
Publisher: Oxford University Press, USA
Total Pages: 794
Release: 2000
Genre: War (International law).
ISBN:

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This is a completely revised and updated edition of a book which has become widely accepted internationally as a standard work on international humanitarian law. The book contains authoritative texts of the main treaties and other key documents covering a wide variety of issues: the rights and duties of both belligerents and neutrals; prohibitions or restrictions on the use of particular weapons; the protection of victims of war, including the wounded and sick, prisoners of war, andcivilians; the application of the law to forces operating under UN auspices; the attempts to apply the laws of war in civil wars; the prosecution of war crimes and genocide; the legality of the threat or use of nuclear weapons; and many other matters. This third edition, greatly expanded from the second, contains thirteen new documents, including agreements on anti-personnel mines and laser weapons; key extracts from the statutes of the international criminal tribunals for the former Yugoslavia and Rwanda, and the International Criminal Court; two documents on UN forces and international humanitarian law; and an extract from the Advisory Opinion of the International Court of Justice on nuclear weapons. There is a new appendix listing internet websites. All the editorial text is revised and updated. The Introduction sets the subject in its historical context, outlines the various sources of the law, provides basic information about its application to states and individuals,and discusses its relevance in contemporary conflicts. In addition, each of the documents is preceded by a prefatory note by the editors, explaining matters relating to its adoption, interpretation and implementation, including how it relates to other agreements concluded subsequently. Each treaty is followed by a complete list of all states parties, along with the dates of adherence and details of any reservations or declarations which states have made. Prepared with extensive assistance from the official Depositaries of the various agreements, this is an essential reference book for statesmen and diplomats, members of armed forces and humanitarian organizations, lawyers, journalists, and students of international law and international relations.


The Laws of War

The Laws of War
Author: W. Michael Reisman
Publisher: National Geographic Books
Total Pages: 0
Release: 1994-06-28
Genre: Political Science
ISBN: 067973712X

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From the Nuremberg trials to the grisly campaign of "ethnic cleansing" in today's Bosnia, the world recognizes that certain actions are morally and legally unacceptable even in the midst of war. This book features extensive excerpts from treaties and charters that define the proper treatment of civilians, detainees, and POWs during wartime.


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.


Elements of the International Law and Laws of War (Classic Reprint)

Elements of the International Law and Laws of War (Classic Reprint)
Author: H. W. Halleck
Publisher:
Total Pages: 398
Release: 2016-06-25
Genre: Law
ISBN: 9781332765164

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Excerpt from Elements of the International Law and Laws of War This abridgment has been prepared at the suggestion of a number of professors and instructors in our colleges and higher institutions of learning. The experience of our officers, both volunteers and regulars, in the great civil war which has just terminated, has proved that this subject has been too much neglected, not only in our colleges, but also in our two great national schools - the Military and Naval Academies. An attempt is here made to supply a suitable text-book for such instruction. The plan of the larger work has been closely followed, the chapters are the same, and only a few of the paragraphs have been changed. Therefore, the instructor or student who may desire to further investi gate any particular question, has only to turn to the corresponding chap ter and paragraph of the larger edition, and to refer to the authorities there quoted. It should be remembered that these authorities are not quoted in support of the author's opinions, but are often in con ict both with those Opinions and with each other. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works."