International Law As Constructive Resistance Towards Peace And Justice

Author : Makoto Seta
Publisher : BRILL
ISBN 13 : 9004681477
Total Pages : 262 pages
Book Rating : 4.77/5 ( download)

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Download or read book International Law as Constructive Resistance towards Peace and Justice written by Makoto Seta and published by BRILL. This book was released on 2024-07-11 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Carsten Stahn
Publisher : Oxford University Press
ISBN 13 : 0198823282
Total Pages : 385 pages
Book Rating : 4.85/5 ( download)

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Download or read book Just Peace After Conflict written by Carsten Stahn and published by Oxford University Press. This book was released on 2020 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: As contemporary studies have increasingly viewed just post bellum to the concept of peace, or the law of peace, so opinions concerning what a 'just peace' could look like have diverged. Is it merely an elusive ideal? Or is it predominantly procedural justice? Is it dependent on concessions and compromise? In this volume, the third output of a major research project on Jus Post Bellum, Carsten Stahn, Jens Iverson, and Jennifer Easterday bring together a team of experts to explore the issues surrounding a just peace, what it is composed of, and how it makes itself felt in the modern world, concluding that a just peace is not only related to form and

Author : Cecilia Marcela Bailliet
Publisher : OUP Oxford
ISBN 13 : 0191034290
Total Pages : 480 pages
Book Rating : 4.99/5 ( download)

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Download or read book Promoting Peace Through International Law written by Cecilia Marcela Bailliet and published by OUP Oxford. This book was released on 2015-01-29 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Carsten Stahn
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067047197
Total Pages : 0 pages
Book Rating : 4.98/5 ( download)

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Download or read book Jus Post Bellum written by Carsten Stahn and published by T.M.C. Asser Press. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Benjamin B. Ferencz
Publisher :
ISBN 13 :
Total Pages : 490 pages
Book Rating : 4.55/5 ( download)

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Download or read book Enforcing International Law written by Benjamin B. Ferencz and published by . This book was released on 1983 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Mark Kersten
Publisher : Oxford University Press
ISBN 13 : 0191082945
Total Pages : 273 pages
Book Rating : 4.48/5 ( download)

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Download or read book Justice in Conflict written by Mark Kersten and published by Oxford University Press. This book was released on 2016-08-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Christian De Vos
Publisher : Cambridge University Press
ISBN 13 : 1107076536
Total Pages : 525 pages
Book Rating : 4.32/5 ( download)

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Download or read book Contested Justice written by Christian De Vos and published by Cambridge University Press. This book was released on 2015-12-18 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth and interdisciplinary analysis of the politics and practice of the International Criminal Court. This title is also available as Open Access.

Author : Philip Shiner
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314589
Total Pages : 386 pages
Book Rating : 4.81/5 ( download)

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Download or read book The Iraq War and International Law written by Philip Shiner and published by Bloomsbury Publishing. This book was released on 2008-09-17 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Oliver Richmond
Publisher : Routledge
ISBN 13 : 1136680829
Total Pages : 284 pages
Book Rating : 4.23/5 ( download)

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Download or read book A Post-Liberal Peace written by Oliver Richmond and published by Routledge. This book was released on 2012-08-21 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 peace’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.

Author : Joseph Otieno Wasonga
Publisher : Routledge
ISBN 13 : 0429662785
Total Pages : 251 pages
Book Rating : 4.82/5 ( download)

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Download or read book The International Criminal Court and the Lord’s Resistance Army written by Joseph Otieno Wasonga and published by Routledge. This book was released on 2019-06-12 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.