International Law and New Wars

Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.

International Law and New Wars

Author: Christine Chinkin

Publisher: Cambridge University Press

ISBN: 1107171210

Page: 608

View: 819

Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.

New Wars New Laws

"This volume originated in a conference held in June 2003, co-sponsored by the Clarke Center for International and Comparative Legal Studies at Cornell Law School and the Cornell Peace Studies Program"--Acknowledgments.

New Wars  New Laws

Author: Michael Evangelista

Publisher: Brill - Nijhoff

ISBN:

Page: 303

View: 762

"This volume originated in a conference held in June 2003, co-sponsored by the Clarke Center for International and Comparative Legal Studies at Cornell Law School and the Cornell Peace Studies Program"--Acknowledgments.

The New Wars

This important new book deals with the changing nature of war in the post-Cold War era and the emergence of new forms of warfare in which warlords, mercenaries and terrorists play an increasingly important role.

The New Wars

Author: Herfried Münkler

Publisher: Polity

ISBN: 0745633366

Page: 180

View: 195

This text explores the changing nature of warfare in the post-Cold War era. It examines the emergence of new forms of warfare in which warlords, mercenaries and terrorists play an increasingly important role.

The International Rule of Law

On one hand, we cannot ignore a reality in which international law, since the
1990s and to large extent because of the ... A lively debate has ensued over the
last two decades over so-called 'new' wars—conflicts that involve a plethora of ...

The International Rule of Law

Author: Heike Krieger

Publisher: Oxford University Press, USA

ISBN: 0198843607

Page: 400

View: 877

This edited volume examines the role of international law in a changing global order. Can we, under the current significantly changing conditions, still observe an increasing juridification of international relations based on a universal understanding of values? Or are we, to the contrary, facing a tendency towards an informalization or a reformalization of international law, or even an erosion of international legal norms? Would it be appropriate to revisit classical elements of international law in order to react to structural changes, which may give rise to a more polycentric or non-polar world order? Or are we simply observing a slump in the development towards an international rule of law based on a universal understanding of values? In eleven chapters, distinguished scholars reflect on how to approach these questions from historical, system-oriented and actor-centered perspectives. The contributions engage with the rise of European international law since the 17th century, the decay of the international rule of law, compliance as an indicator for the state of international law, international law and informal law-making in times of populism, the rule of environmental law and complex problems, human rights in Europe in a hostile environment, the influence of the BRICS states on international law, the impact of non-state actors on international law, international law's contribution to global justice, the contestation of value-based norms and the international rule of law in light of legitimacy claims.

New Old Wars

This work shows how old war thinking in Iraq has greatly exacerbated what is the archetypal new war - with insurgency, chaos and the occupying forces' lack of direction prescient of a different kind of conflict emerging in the 21st Century.

New   Old Wars

Author: Mary Kaldor

Publisher: Polity

ISBN: 0745638643

Page: 231

View: 704

Mary Kaldor’s New and Old Wars has fundamentally changed the way we understand contemporary war and conflict. In the context of globalization, this path-breaking book has shown that what we think of as war – that is to say, war between states in which the aim is to inflict maximum violence – is becoming an anachronism. In its place is a new type of organized violence or ‘new wars’, which could be described as a mixture of war, organized crime and massive violations of human rights. The actors are both global and local, public and private. The wars are fought for particularistic political goals using tactics of terror and destabilization that are theoretically outlawed by the rules of modern warfare. An informal criminalized economy is built into the functioning of the new wars. Kaldor’s analysis offers a basis for a cosmopolitan political response to these wars, in which the monopoly of legitimate organized violence is reconstructed on a transnational basis and international peacekeeping is reconceptualized as cosmopolitan law enforcement. This approach also has implications for the reconstruction of civil society, political institutions, and economic and social relations. This second edition has been fully revised and updated to deal fully with the implications of ‘the new wars’ in the post 9-11 world. In a new chapter, Kaldor shows how old war thinking in Iraq has has greatly exacerbated what is, in many ways, the archetypal new war – with insurgency, chaos and the occupying forces’ lack of direction prescient of a different kind of conflict now emerging in the 21st Century. Like its predecessor, the second edition of New and Old Wars will be essential reading for students of international relations, politics and conflict studies as well as to all those interested in the changing nature and prospect of warfare.

International Law and Civil Wars

This book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention.

International Law and Civil Wars

Author: Eliav Lieblich

Publisher: Routledge

ISBN: 0415507901

Page: 286

View: 586

This book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another - the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter exception is of increasing importance, the numerous questions it raises have received scant attention in the current body of literature. This volume fills this gap by analyzing the consent-exception in a wide context, and attempting to delineate its limits, including cases in which government consent power is not only negated, but might be transferred to opposition groups. The book also discusses the concept of consensual intervention in contemporary international law, in juxtaposition to traditional legal doctrines. It traces the development of law in this context by drawing from historical examples such as the Spanish Civil War, as well as recent cases such those of the Democratic Republic of the Congo, Somalia, Libya, and Syria. This book will be of much interest to students of international law, civil wars, the Responsibility to Protect, war and conflict studies, and IR in general.

War the State and International Law in Seventeenth Century Europe

In this respect the assembled essays in this volume offer a sophisticated and fresh account of the interactions of law, conflict and the nation state in an early-modern European context.

War  the State and International Law in Seventeenth Century Europe

Author: Dr Peter Schröder

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409480623

Page: 288

View: 589

One of the great paradoxes of post-medieval Europe, is why instead of bringing peace to a disorganised and violent world, modernity instead produced a seemingly endless string of conflicts and social upheavals. Why was it that the foundation and institutionalisation of secured peace and the rule of law seemed to go hand-in-hand with the proliferation of war and the violation of individual and collective rights? In order to try to better understand such profound questions, this volume explores the history and theories of political thought of international relations in the seventeenth century, a period in which many of the defining features and boundaries of modern Europe where fixed and codified. With the discovery of the New World, and the fundamental impact of the Reformation, the complexity of international relations increased considerably. Reactions to these upheavals resulted in a range of responses intended to address the contradictions and conflicts of the anarchical society of states. Alongside the emergence of "modern" international law, the equation of international relations with the state of nature, and the development of the "balance of power", diplomatic procedures and commercial customs arose which shaped the emerging (and current) international system of states. Employing a multidisciplinary approach to address these issues, this volume brings together political scientists, philosophers, historians of political thought, jurists and scholars of international relations. What emerges is a certain tension between the different strands of research which allows for a fruitful new synthesis. In this respect the assembled essays in this volume offer a sophisticated and fresh account of the interactions of law, conflict and the nation state in an early-modern European context.

Private Security Contractors and New Wars

This book addresses the ambiguities of the growing use of private security contractors and provides guidance as to how our expectations about regulating this expanding ‘service’ industry will have to be adjusted.

Private Security Contractors and New Wars

Author: Kateri Carmola

Publisher: Routledge

ISBN: 1135153280

Page: 208

View: 517

This book addresses the ambiguities of the growing use of private security contractors and provides guidance as to how our expectations about regulating this expanding ‘service’ industry will have to be adjusted.

New and Old Wars

New and Old Wars will be of great interest to students of international relations, politics and political thought as well as to all those interested in the changing nature and prospect of warfare.

New and Old Wars

Author: Mary Kaldor

Publisher:

ISBN: 9780745620664

Page: 192

View: 333

Since 1989, the threat of nuclear war has receded and so has the threat of large-scale interstate conventional war. Yet during the 1990s millions have died in wars in Africa, Eastern Europe and elsewhere and millions more have become refugees or displaced persons. In this pathbreaking analysis, Mary Kaldor argues that, in the context of globalization, what we think of as war - that is to say, war between states in which the aim is to inflict maximum violence - is becoming an anachronism. In its place is a new type of organized violence, which she calls new wars, which could be described as a mixture of war, organized crime and massive violations of human rights. The actors are both global and local, public and private. The wars are fought for particularistic political goals using tactics of terror and destabilization that are theoretically outlawed by the rules of modern warfare. An informal criminalized economy is built into the functioning of the new wars. Political leaders and international institutions have been helpless in the face of the spread of these wars mainly because they have not come to terms with their logic; the new wars are treated either as old wars or else as anarchy. Kaldor's analysis offers a basis for a cosmopolitan political response to these wars, in which the monopoly of legitimate organized violence is reconstructed on a transnational basis and international peacekeeping is reconceptualized as cosmopolitan law enforcement. This approach also has implications for the reconstruction of civil society, political institutions, and economic and social relations. New and Old Wars will be of great interest to students of international relations, politics and political thought as well as to all those interested in the changing nature and prospect of warfare.

International Law Studies

XI Military Commissions : Old Laws for New Wars William K. Lietzau *
Introduction he President's exercise of his constitutional authority to direct the
Secretary of Defense to detain enemy combatants and to convene military
tribunals to ...

International Law Studies

Author:

Publisher:

ISBN:

Page:

View: 375

The New Warfare

This book looks at the evolving relationship between war and international law, examining the complex practical and legal dilemmas posed by the changing nature of war in the contemporary world, whether the traditional rules governing the ...

The New Warfare

Author: J. Martin Rochester

Publisher: Routledge

ISBN: 1317276426

Page: 160

View: 167

This book looks at the evolving relationship between war and international law, examining the complex practical and legal dilemmas posed by the changing nature of war in the contemporary world, whether the traditional rules governing the onset and conduct of hostilities apply anymore, and how they might be adapted to new realities. War, always messy, has become even messier today, with the blurring of interstate, intrastate, and extrastate violence. How can the United States and other countries be expected to fight honourably and observe the existing norms when they often are up against an adversary who recognizes no such obligations? Indeed, how do we even know whether an "armed conflict" is underway when modern wars tend to lack neat beginnings and endings and seem geographically indeterminate, as well? What is the legality of anticipatory self-defense, humanitarian intervention, targeted killings, drones, detention of captured prisoners without POW status, and other controversial practices? These questions are explored through a review of the United Nations Charter, Geneva Conventions, and other regimes and how they have operated in recent conflicts. Through a series of case studies, including the U.S. war on terror and the wars in Afghanistan, Iraq, Gaza, Kosovo, and Congo, the author illustrates the challenges we face today in the ongoing effort to reduce war and, when it occurs, to make it more humane.

Globalization s New Wars

These principles need to be enshrined in international law and policy . ...
commons must go hand in hand with reclaiming sovereignty , and redefining a
new partnership between people and governments 128 GLOBALIZATION ' S
NEW WARS.

Globalization s New Wars

Author: Vandana Shiva

Publisher:

ISBN:

Page: 129

View: 312

The Book Forcefully Establishes The Relationship Between Globalization As An Economic War, And Militarism And Fundamentalisms As Political And Cultural Wars In The Project Of Global Hegemony. These Wars Have To Do With Ecology And The Ethical Limits To Profit; The Enemies Are Coercive Free Trade Treaties Technologies Of Production Based On Violence.

The New Wars of the West

a SZELLE THE NEW WARS OF THE WEST LERR TEK Iraq has simply failed the
reality test - no WMD and no link with ... and Guantanamo Bay but to a general
undermining of previously accepted norms of domestic and international law .

The New Wars of the West

Author: Paul L. Moorcraft

Publisher: Casemate Pub & Book Dist Llc

ISBN: 9781932033472

Page: 335

View: 310

The New Wars of the West covers the dramatic world events which unfolded from September 11, 2001 to the current operations in Iraq. Many books have been written on the war on terror, but none include contributions from so many top military and political leaders. These contributions, from some of the leading political and military thinkers in the United States and Great Britain, are linked by a series of essays to form a compelling narrative of the new way of war. In their own words the key decision-makers such as Secretary for Defense, Donald Rumsfeld, Richard Perle and British Defense Secretary, Geoff Hoon talk about the strategic dilemmas. The military implementation of the political decisions is discussed by leaders such as the head of the US Air Force and the British Royal Navy's First Sea Lord. Highly charged critiques by anti war British member of parliament. George Galloway MP are also included, as well as Iraq's former deputy prime minister, Tariq Aziz, who was interviewed on the eve of the war. Senior foreign correspondents such as Channel Four's Lindsey Hilsum add their own front-line assessments. In addition, leading academic analysts such as Dr. Paul Cornish and Dr. Gary Samore put the political and military debates in context. A foreword to the work is written by leading US Military Historian, Stephen Tanner. Dr. Paul Moorcraft, Gwyn Winfield and John Chisholm are security experts who work on the editorial team of the Defence Division of Surrey House which produces a range of security magazines including Defence International. NBC International and Resilience. They have traveled widely in the zones of conflicts to conduct the interviews and to contribute the linking texts.The New Wars of the West is an important contribution to one of the most divisive conflicts in modern history. It will appeal military specialists, students of international relations, journalists and to anyone who is concerned about how the international war on terror is being transformed into a clash of civilizations which could last for decades.