International Law As Constructive Resistance Towards Peace And Justice PDF Download
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| Author | : Makoto Seta |
| Publisher | : BRILL |
| Total Pages | : 262 |
| Release | : 2024-07-11 |
| Genre | : Law |
| ISBN | : 9004681477 |
Download International Law as Constructive Resistance towards Peace and Justice Book in PDF, ePub and Kindle
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.
| Author | : Cecilia Marcela Bailliet |
| Publisher | : OUP Oxford |
| Total Pages | : 497 |
| Release | : 2015-01-29 |
| Genre | : Law |
| ISBN | : 0191034290 |
Download Promoting Peace Through International Law Book in PDF, ePub and Kindle
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.
| Author | : Charles Sampford |
| Publisher | : Routledge |
| Total Pages | : 383 |
| Release | : 2016-04-08 |
| Genre | : Law |
| ISBN | : 1317064119 |
Download Rethinking International Law and Justice Book in PDF, ePub and Kindle
General principles of law have made, and are likely further to make, a significant contribution to our understanding of the constituent elements of global justice. Dealing extensively with global headline issues of peace, security and justice, this book explores justice arising in specific areas of international law, as well as underlying theories of justice from political science and international relations. With contributions from leading academics and practitioners, the book adopts an interdisciplinary approach. Covering issues such as international humanitarian law, and examining the significance of non-state actors for the development of international law, the collection concludes with the complex question of how best to rethink aspects of international justice. The lessons derived from this research will have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice. As such, this book will be of interest to academics and practitioners interested in international law, environmental law, human rights, ethics, international relations and political theory.
| Author | : Robert Kolb |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 520 |
| Release | : 2018 |
| Genre | : |
| ISBN | : 1788112156 |
Download International Law on the Maintenance of Peace Book in PDF, ePub and Kindle
This book offers a comprehensive study into the use of force and the maintenance of peace in international relations. Whilst rooted in public international law, it also approaches the question from different angles, including its historical evolution and its sociological environment. The competences and practice of the UN and of regional organizations in the maintenance of peace are examined before the focus is shifted to the inter-State level, the main non-use of force rule and its claimed or recognized exceptions. Robert Kolb analyzes each of these rules separately, before concluding with insightful reflections on the current state-of-play and considerations for the future of this branch of the law.
| Author | : Mark Kersten |
| Publisher | : Oxford University Press |
| Total Pages | : 273 |
| Release | : 2016-08-04 |
| Genre | : Law |
| ISBN | : 0191082945 |
Download Justice in Conflict Book in PDF, ePub and Kindle
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.
| Author | : Benjamin B. Ferencz |
| Publisher | : |
| Total Pages | : 490 |
| Release | : 1983 |
| Genre | : International law |
| ISBN | : |
Download Enforcing International Law Book in PDF, ePub and Kindle
| Author | : Christian De Vos |
| Publisher | : Cambridge University Press |
| Total Pages | : 525 |
| Release | : 2015-12-18 |
| Genre | : Law |
| ISBN | : 1316483266 |
Download Contested Justice Book in PDF, ePub and Kindle
The International Criminal Court emerged in the early twenty-first century as an ambitious and permanent institution with a mandate to address mass atrocity crimes such as genocide and crimes against humanity. Although designed to exercise jurisdiction only in instances where states do not pursue these crimes themselves (and are unwilling or unable to do so), the Court's interventions, particularly in African states, have raised questions about the social value of its work and its political dimensions and effects. Bringing together scholars and practitioners who specialise on the ICC, this collection offers a diverse account of its interventions: from investigations to trials and from the Court's Hague-based centre to the networks of actors who sustain its activities. Exploring connections with transitional justice and international relations, and drawing upon critical insights from the interpretive social sciences, it offers a novel perspective on the ICC's work. This title is also available as Open Access.
| Author | : Philip Shiner |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 386 |
| Release | : 2008-09-17 |
| Genre | : Law |
| ISBN | : 1847314589 |
Download The Iraq War and International Law Book in PDF, ePub and Kindle
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.
| Author | : Veronique Dudouet |
| Publisher | : |
| Total Pages | : |
| Release | : 2017-04-24 |
| Genre | : |
| ISBN | : 9781943271320 |
Download Powering to Peace Book in PDF, ePub and Kindle
This report explores the complementary ideas and practices that civil resistance and peacebuilding approaches present, each from different points along the conflict transformation spectrum. Both strategies oppose violence in all its forms, and seek to pursue just peace by peaceful means. However, they take different approaches to conflict transformation, both in their analyses of the primary causes of violence and how they respond to conflict. The report then describes how civil resistance and peacebuilding can work in tandem throughout the four stages of transformation of asymmetric conflicts. Concrete examples are provided to illustrate the respective functions of constructive conflict (through civil resistance) and conflict mitigation (through peacebuilding) in transitions from latent to overt conflict, from resistance to dialogue and negotiation, and from conflict settlement to sustainable peace. It highlights in particular: the crucial importance of civil resistance as a violence prevention/mitigation instrument and as a pre-negotiation strategy for oppressed groups, enabling them to wage necessary conflicts through nonviolent means, thereby putting pressure on incumbent elites to redistribute power equitably; the usefulness of peacebuilding's conflict mitigation methods to translate civil resistance gains into mutually acceptable negotiated outcomes and to reconcile polarized relationships in the wake of nonviolent struggles; and the need for sustained civil resistance in post-conflict or post-war societies in order to prevent and oppose autocratic backlashes, to resist anti-emancipatory, and 'neoliberal' tendencies within post-war peacebuilding operations, or to put pressure on all stakeholders to implement their commitments to progressive state reforms and social justice. The conclusion highlights takeaways for researchers, nonviolent activists and educators, peacebuilding practitioners and international agencies seeking to support constructive, effective conflict transformation.
| Author | : Joseph Otieno Wasonga |
| Publisher | : Routledge |
| Total Pages | : 251 |
| Release | : 2019-06-12 |
| Genre | : Political Science |
| ISBN | : 0429662785 |
Download The International Criminal Court and the Lord’s Resistance Army Book in PDF, ePub and Kindle
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.
