UNDOC

UNDOC

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ISBN: STANFORD:36105062421149

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The Gender Imperative

The Gender Imperative

Author: Asha Hans

Publisher: Routledge

ISBN: 9780415585774

Category: Political Science

Page: 468

View: 622

This collection of articles by feminist scholar-activists addresses the crucial problem of human security in a world of heavily armed, militarized states. It describes the gendered aspects of human security, integral to the realist militarism that dominates current security policy in most nation states. The book seeks to deepen and broaden current security discourses, encouraging serious consideration of alternatives to the present global security system that functions to advantage state security over human security, a system the contributors perceive to be rooted in the patriarchal nature of the nation state.

Genocide

Genocide

Author: Guenael Mettraux

Publisher: Oxford University Press, USA

ISBN: 9780198843115

Category: Law

Page: 545

View: 798

Judge Mettraux's four-volume compendium, International Crimes: Law and Practice, will provide the most detailed and authoritative account to-date of the law of international crimes. It is a scholarly tour de force providing a unique blend of academic rigour and an insight into the practice of international criminal law. The compendium is un-rivalled in its breadth and depth, covering almost a century of legal practice, dozens of jurisdictions (national and international), thousands of decisions and judgments and hundreds of cases. This first volume discusses in detail the law of genocide: its definition, elements, normative status, and relationship to the other core international crimes. While the book is an invaluable tool for academics and researchers, it is particularly suited to legal practitioners, guiding the reader through the practical and evidential challenges associated with the prosecution of international crimes.

International Crimes: Volume I: Genocide

International Crimes: Volume I: Genocide

Author: Guénaël Mettraux

Publisher: Oxford University Press

ISBN: 9780192581075

Category: Law

Page: 512

View: 307

Judge Mettraux's four-volume compendium, International Crimes: Law and Practice, will provide the most detailed and authoritative account to-date of the law of international crimes. It is a scholarly tour de force providing a unique blend of academic rigour and an insight into the practice of international criminal law. The compendium is un-rivalled in its breadth and depth, covering almost a century of legal practice, dozens of jurisdictions (national and international), thousands of decisions and judgments and hundreds of cases. This first volume discusses in detail the law of genocide: its definition, elements, normative status, and relationship to the other core international crimes. While the book is an invaluable tool for academics and researchers, it is particularly suited to legal practitioners, guiding the reader through the practical and evidential challenges associated with the prosecution of international crimes.

Legitimising the Use of Force in International Politics

Legitimising the Use of Force in International Politics

Author: Corneliu Bjola

Publisher: Routledge

ISBN: 9781135256852

Category: History

Page: 234

View: 412

This book aims to examine the conditions under which the decision to use force can be reckoned as legitimate in international relations. Drawing on communicative action theory, it provides a provocative answer to the hotly contested question of how to understand the legitimacy of the use of force in international politics. The use of force is one of the most critical and controversial aspects of international politics. Scholars and policy-makers have long tried to develop meaningful standards capable of restricting the use of force to a legally narrow yet morally defensible set of circumstances. However, these standards have recently been challenged by concerns over how the international community should react to gross human rights abuses or to terrorist threats. This book argues that current legal and moral standards on the use of force are unable to effectively deal with these challenges. The author argues that the concept of 'deliberative legitimacy', understood as the non-coerced commitment of an actor to abide by a decision reached through a process of communicative action, offers the most appropriate framework for addressing this problem. The theoretical originality and empirical value of the concept of deliberative legitimacy comes fully into force with the examination of two of the most severe international crises from the post Cold War period: the 1999 NATO intervention in Kosovo and the 2003 US military action against Iraq. This book will be of much interest to students of international security, ethics, international law, discourse theory and IR. Corneliu Bjola is SSHRC Postdoctoral Fellow with the Centre for Ethics at the University of Toronto, and has a PhD in International Relations.

Conflict Displacement and Legal Protection

Conflict Displacement and Legal Protection

Author: Charlotte Lülf

Publisher: Routledge

ISBN: 9780429831232

Category: Law

Page: 254

View: 368

While the 21st century bears witness to several conflicts leading to mass displacement, the conflict in Syria has crystallised the need for a solid legal framework and legal certainty. This book analyses the relevant legal instruments for the provision of a protection status for persons fleeing to Europe from conflict and violence. It focuses on the conceptualisation of conflict and violence in the countries of origin and the different approaches taken in the interpretation of them in the 1951 Refugee Convention, the Recast Qualification Directive of the European Union and the European Convention on Human Rights. It traces the hierarchical order of protection granted, starting with refugee protection status, to subsidiary protection status and finally with the negative protection from non-refoulement. Recent case law and asylum status determination practices of European countries illustrate the obstacles in the interpretation as well as the divergence in the application of the legal instruments. The book fills an important gap in examining the current practices of key actors, including the United Nations High Commissioner for Refugees and European states, tracing changes in national and international policies and revealing discrepancies towards contemporary approaches to conflicts. It refines the interaction and cross-fertilisation of the different relevant fields of European asylum law, human rights law and the laws of armed conflict in order to further the development of a harmonised protection regime for conflict-induced displacement.

Immigration, Integration and the Law

Immigration, Integration and the Law

Author: Dr Clíodhna Murphy

Publisher: Ashgate Publishing, Ltd.

ISBN: 9781472404862

Category: Political Science

Page: 413

View: 126

This book examines the role and impact of EU, international human rights and refugee law on national laws and policies for integration and argues for a broad understanding of the relationship between integration and the law. It analyses the legal foundations of integration at the international and regional levels and examines the interaction of national, EU and international legal spheres, highlighting the significance of these dimensions of the relationship between integration and the law. The book draws together these central themes to enhance our understanding of the connections between integration and the law. It also makes specific recommendations for the development of holistic, human-rights based approaches to integration in EU Member States. The book will be of value to academics and researchers working in the areas of immigration, and refugee law, as well as those interested in cultural diversity both from a legal and sociological perspective.

Justice and Governance in East Timor

Justice and Governance in East Timor

Author: Rod Nixon

Publisher: Routledge

ISBN: 9781136511721

Category: Political Science

Page: 268

View: 236

Focusing on the case study of Timor Leste, this book presents the New Subsistence State as a conceptual tool for understanding governance challenges in countries characterised by subsistence economic and social relations. It examines the ways in which Timor Leste conforms to the typology of the New Subsistence State, taking into consideration geographic, historical and socio-political aspects. The book defines a New Subsistence State as an overwhelmingly subsistence economy corresponding to little or no historical experience of the generation and administration of large surpluses, with minimal labour specialisation, and the predominance, especially in rural areas, of traditional authority relations. It looks at how these features restrict the capacity of the new state to operate effectively in accordance with the modern state model. The book presents a case for prioritising sustainable approaches to public administration in New Subsistence State contexts. It goes on to examine the historical role of village justice systems, and demonstrates how a community justice and mediation program building on existing capacities could prove an economical means of promoting human rights values and reducing the burden on the national courts. The book presents an interesting contribution to studies on Southeast Asian Politics and Governance.

Reciprocity and China’s Transboundary Waters

Reciprocity and China’s Transboundary Waters

Author: David J. Devlaeminck

Publisher: Routledge

ISBN: 9781000215168

Category: Law

Page: 132

View: 213

Utilizing the principle of reciprocity, Reciprocity and China’s Transboundary Waters: The Law of International Watercourses analyses the past, present and future of the law of international watercourses with a particular focus on China. As a legal principle, reciprocity plays a strong role in the formation, interpretation and maintenance of international law. Implementing this framework, the book examines the development of the law of international watercourses, highlighting how this basic legal principle is a foundational notion. It applies the framework to China and offers insights into one of the most important transboundary states in Asia. As a primarily upstream state, China is of great significance to its transboundary neighbours; however, there remain significant hurdles, misunderstandings and mistrust between China and its neighbours. China is faced with a complex challenge - how to meet its own development needs while also taking into consideration its primarily downstream neighbours? By focusing on this prominent state this work not only fosters a greater understanding of the law of international watercourses within China, but also clarifies and challenges current perceptions of China’s transboundary water treaty practice. More generally, the book provides a past, present and future view on international watercourse law, starting with an analysis of the UN Watercourses Convention and UNECE Water Convention leading to a discussion of reciprocity’s continued influence as well as charting a path forward. This book will be of great interest to legal students and scholars with an interest in international watercourses, environmental politics and international law, as well as students and scholars interested in Chinese politics and natural resource management and conflict.

International Norms and Cycles of Change

International Norms and Cycles of Change

Author: Wayne Sandholtz

Publisher: Oxford University Press

ISBN: 9780195380088

Category: Law

Page: 427

View: 505

Wayne Sandholtz and Kendall Stiles sketch the primary theoretical perspectives on international norm change, the 'legalisation' and 'transnational activist' approaches, and argue that both are limited by their focus on international rules as outcomes.

MIMA Bulletin Volume 22 (1) 2015

MIMA Bulletin Volume 22 (1) 2015

Author:

Publisher: Maritime Institute of Malaysia (MIMA)

ISBN:

Category: Law

Page: 78

View: 419

The delimitation of boundaries between states can be difficult when the issue of sovereignty and the entitlement to claim sea areas are concerned. The understanding and interpretation of the rule of law will always differ for the different nations involved as they seek to secure the maximum benefits for themselves by means they deem appropriate to their needs. Arguments put forward by each party and how these boundaries are drawn are always points for contention; however with rule-based procedures, the process is made more transparent and somewhat helps mitigate tensions. We hope the article on this will throw some light on the various issues involved.