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From Korea to Kuwait: Britain and Coalitions of the Willing

Nigel D. White

in Democracy goes to War: British Military Deployments under International Law

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199218592
eISBN:
9780191705595
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199218592.003.0005
Subject:
Law, Human Rights and Immigration, Public International Law

The deployment of large numbers of British troops to both Korea in 1950 and to Kuwait in 1990 followed similar domestic and international legal paths, though the political contexts were quite ... More


International Court of Justice

Magdalena Forowicz

in The Reception of International Law in the European Court of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199592678
eISBN:
9780191595646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592678.003.0003
Subject:
Law, Human Rights and Immigration

The case law and Statute of the International Court of Justice have filled important gaps in the Court's case law. They have also constituted important milestones in the Court's interpretation and ... More


The Applicability of Economic and Social Rights to the UN Security Council

Nigel D. White

in Economic, Social, and Cultural Rights in Action

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199217908
eISBN:
9780191705380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217908.003.0005
Subject:
Law, Human Rights and Immigration

This chapter examines the applicability of economic, social, and cultural rights (ESC rights) to the UN Security Council, to determine whether it is bound to respect human rights law generally, and ... More


Lawbreaker or Lawmaker? Britain and International Law on the Use of Force

Nigel D. White

in Democracy goes to War: British Military Deployments under International Law

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199218592
eISBN:
9780191705595
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199218592.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter gives an account of the current debate on the international rules governing the use of military force, its approach differs from the normal approach in that seeks to discern the rules ... More


The Identification of a Threat

Alexander Orakhelashvili

in Collective Security

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199579846
eISBN:
9780191725302
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579846.003.0005
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter examines, in a comparative perspective, the institutional perceptions of threats to be addressed by collective security institutions, which provides the cause of action if collective ... More


Institutionalizing the Implementation of State Responsibility in Counterterrorism ContextsThe Interplay between the Security Council and International Legal Norms

Vincent-Joël Proulx

in Institutionalizing State Responsibility: Global Security and UN Organs

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199680399
eISBN:
9780191760297
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199680399.003.0008
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter delivers a methodical examination of the Security Council’s role in counterterrorism and global security contexts, with particular emphasis on its suitability to interpret and apply ... More


Cyber Operations and the jus ad bellum

Marco Roscini

in Cyber Operations and the Use of Force in International Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199655014
eISBN:
9780191747991
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199655014.003.0002
Subject:
Law, Public International Law, Human Rights and Immigration

This Chapter discusses how the UN Charter’s provisions on ius ad bellum apply to cyber operations. It explores if a cyber operation amounts to a ‘use of force’ and is thus prohibited by Article 2(4) ... More


Navigating the Unilateral/Multilateral Divide

Gregory H. Fox

in Jus Post Bellum: Mapping the Normative Foundations

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199685899
eISBN:
9780191765841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685899.003.0013
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter warns of the dilemma facing the nascent jus post bellum should it seek to regulate all actors in a post-conflict environment: the unilateral/multilateral divide. This manifests itself in ... More


Protection of Civilians, Responsibility to Protect, and Humanitarian Intervention: Conceptual and Normative Interactions

Scott Sheeran and Catherine Kent

in Protection of Civilians

Published in print:
2016
Published Online:
June 2016
ISBN:
9780198729266
eISBN:
9780191796180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198729266.003.0003
Subject:
Law, Public International Law, Human Rights and Immigration

The chapter finds that humanitarian intervention is now a largely abandoned idea, but one still necessary in the absence of Security Council reform. It argues that the Responsibility to Protect ... More


The Evolution of the UN Collective Security System

Haidi Willmot

in Protection of Civilians

Published in print:
2016
Published Online:
June 2016
ISBN:
9780198729266
eISBN:
9780191796180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198729266.003.0006
Subject:
Law, Public International Law, Human Rights and Immigration

The chapter examines changes in three key aspects of the collective security system: (a) the mechanism for determining aggression and deciding response measures; (b) the determination of threats to ... More


The Law of Treaties and the UN Security Council: Some Reflections

Michael Wood

in The Law of Treaties Beyond the Vienna Convention

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199588916
eISBN:
9780191728938
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588916.003.0015
Subject:
Law, Public International Law, Human Rights and Immigration

The UN Security Council impacts on the law of treaties in many different ways — ways that are both foreseen and unforeseen in the Vienna Convention on the Law of Treaties. This has led to harsh ... More


Cyber Operations and the Law of Neutrality

Marco Roscini

in Cyber Operations and the Use of Force in International Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199655014
eISBN:
9780191747991
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199655014.003.0005
Subject:
Law, Public International Law, Human Rights and Immigration

This Chapter explores how the law of neutrality affects the conduct of cyber operations by neutral and belligerent states. It first establishes in what situations the law of neutrality applies and ... More


Protecting Which Peace for Whom against What? A Conceptual Analysis of Collective Security

Pål Wrange

in Promoting Peace Through International Law

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198722731
eISBN:
9780191789496
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198722731.003.0005
Subject:
Law, Public International Law, Human Rights and Immigration

The collective security system of the UN Charter has, since its inception, been fraught with political and practical problems. Such problems can all be associated with conceptual contradictions and ... More


Security Council Diplomacy on the Protection of Civilians: A Convoluted History

Bruno Stagno Ugarte

in Protection of Civilians

Published in print:
2016
Published Online:
June 2016
ISBN:
9780198729266
eISBN:
9780191796180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198729266.003.0014
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter tracks the practice of the Security Council in addressing the protection of civilians, presenting an ‘inside story’ of protection-of-civilians diplomacy within the Council. The chapter ... More


Normative Foundation of the International Law of Peace

Cecilia M. Bailliet

in Promoting Peace Through International Law

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198722731
eISBN:
9780191789496
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198722731.003.0003
Subject:
Law, Public International Law, Human Rights and Immigration

The chapter traces the evolution of the international law of peace from the notion of a ‘right to peaceful coexistence’ within natural law, to its re-emergence within various international ... More


The UN Security Council, State Responsibility, and the European Court of Human Rights: Towards an Integrated Approach?

Linos-Alexandre Sicilianos

in The European Convention on Human Rights and General International Law

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198830009
eISBN:
9780191868399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830009.003.0012
Subject:
Law, Public International Law, Human Rights and Immigration

The European Court of Human Rights is in the process of refining its conceptual tools for determining the responsibility of the States Parties to the European Convention on Human Rights (ECHR) acting ... More


Self-Defence and Collective Security

Alexander Orakhelashvili

in Collective Security

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199579846
eISBN:
9780191725302
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579846.003.0007
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter examines the inherent right of states to self-defence under Article 51 of the UN Charter as part of the collective security process and one of its valid causes of action. After examining ... More


United Nations Peace Operations and International Law: What Kind of Law Promotes What Kind of Peace?

Kjetil Mujezinović Larsen

in Promoting Peace Through International Law

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198722731
eISBN:
9780191789496
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198722731.003.0015
Subject:
Law, Public International Law, Human Rights and Immigration

The chapter discusses the notion of ‘peace’ in international peace operations with a mandate from the United Nations Security Council, and how international law promotes or prevents the achievement ... More


Introduction: Promoting Peace through International Law

Cecilia M. Bailliet and Kjetil Mujezinović Larsen

in Promoting Peace Through International Law

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198722731
eISBN:
9780191789496
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198722731.003.0001
Subject:
Law, Public International Law, Human Rights and Immigration

The introduction outlines both the relationship between international law and peace and that between international legal scholarship and peace research. The chapter presents differing concepts of ... More


Towards a Functional Conceptualization of the Temporal Scope of Jus Post Bellum

Jann K. Kleffner

in Jus Post Bellum: Mapping the Normative Foundations

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199685899
eISBN:
9780191765841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685899.003.0016
Subject:
Law, Public International Law, Human Rights and Immigration

One of the central questions being raised by jus post bellum is the temporal scope of its applicability. The very choice of the term “jus post bellum” confirms this centrality, suggesting that it is ... More


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