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This is an open access title available under the terms of a CC BY-NC-ND 4.0 International license. It is offered as a free PDF download from OUP and selected open access locations. How relevant is the concept of war today? This book examines how notions about war continue to influence how we conceive rights and obligations in national and international law. It also considers the role international law plays in limiting what is forbidden and legitimated in times of war or armed conflict. The book highlights how, even though war has been outlawed and should be finished as an institution, states nevertheless continue to claim that they can wage necessary wars of self-defence, engage in lawful k...
The Syrian war has been an example of the abuse and insufficient delivery of humanitarian assistance. According to international practice, humanitarian aid should be channelled through a state government that bears a particular responsibility for its population. Yet in Syria, the bulk of relief went through Damascus while the regime caused the vast majority of civilian deaths. Should the UN have severed its cooperation with the government and neglected its humanitarian duty to help all people in need? Decision-makers face these tough policy dilemmas, and often the “neutrality trap” snaps shut. This book discusses the political and moral considerations of how to respond to a brutal and co...
Focusing on highly topical issues such as torture, arbitrary detention, privacy, and discrimination, this book will help readers to understand for themselves the controversies and complexities behind human rights.
Revised and updated for the first time in fifty years, this new edition of a classic text of international law provides the ideal introduction to the field for students and scholars alike. It introduces the key themes and ideas within international law in concise, clear language, building on Brierly's idea that law must serve a social purpose.
The book concerns the internal armed violence between the ethnically Greek and Turkish communities of the Republic of Cyprus, within eight years from the Republic’s establishment in 1960. It therefore precedes the more broadly known events surrounding the Turkish invasion of 1974, and the resulting division since. Inspiration for the research and the book was drawn from theoretical debates in Public International Law on the relationship between law and politics in critical legal studies, enriched with insights from the Third World Approaches to International Law (TWAIL) movement, in the context of the island’s colonial and post-colonial past. The book has benefited from previously unpubl...
Despite the establishment of UN embargoes, the Arms Trade Treaty (ATT), and the EU Common Position, arms export regulation suffers from significant legal and practical limitations. This book critically evaluates the existing body of 'Arms Trade Law', highlighting its inadequacies in preventing weapons from reaching perpetrators of mass violence. Drawing on interviews, participant observation, and empirical research to assess the perspectives of judges and lawyers, it also explores the International Criminal Court's narrow focus on prosecuting political and military leaders. Arguing that institutional attitudes and commitments contribute to a legal culture that obscures the potential for an a...
This book constitutes volume one of a two volume examination of development community land issues in Southern Africa. In this volume, Ben Chigara undertakes a holistic inter-disciplinary evaluation of the legitimacy of colonial and emergent post-colonial rule property rights in affected States of the Southern African Development Community (SADC). It particularly focuses on intensifying litigation in national courts, the SADC Tribunal, and more recently the Washington based International Centre for the Settlement of Investment Disputes (ICSID) regarding counter claims to title to property. The book examines cultural, economic and political drivers at the core of SADC land issues, focusing on ...