Crawford Emily
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199578962
- eISBN:
- 9780191722608
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199578962.003.0001
- Subject:
- Law, Human Rights and Immigration, Public International Law
The first chapter of this book examines how the traditional legal distinction between international and non-international armed conflict has become, in practice, increasingly blurred through the last ...
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The first chapter of this book examines how the traditional legal distinction between international and non-international armed conflict has become, in practice, increasingly blurred through the last century, to the point where it seems specious to continue to assert the primacy of the distinction. A number of factors, both legal and practical, have contributed to this change in the status quo. The first chapter of this book establishes that the law of armed conflict has converged to the point where there is a substantial body of law equally applicable in both international and non-international armed conflicts.Less
The first chapter of this book examines how the traditional legal distinction between international and non-international armed conflict has become, in practice, increasingly blurred through the last century, to the point where it seems specious to continue to assert the primacy of the distinction. A number of factors, both legal and practical, have contributed to this change in the status quo. The first chapter of this book establishes that the law of armed conflict has converged to the point where there is a substantial body of law equally applicable in both international and non-international armed conflicts.
Magdalena Forowicz
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199592678
- eISBN:
- 9780191595646
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199592678.003.0009
- Subject:
- Law, Human Rights and Immigration
The Court has rarely resorted explicitly to the Geneva Conventions and the Additional Protocols, preferring to rely on its own approach. This happened despite the existence of an elaborate framework ...
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The Court has rarely resorted explicitly to the Geneva Conventions and the Additional Protocols, preferring to rely on its own approach. This happened despite the existence of an elaborate framework of law which is already applicable to situations of armed conflict. This chapter first analyses the purpose and status of international humanitarian law. In this context the case law of the ECtHR referring to situations of armed conflict is reviewed. It is demonstrated that the Court has used an approach to situations of armed conflict which is based on the ECHR and on the indirect application of International Humanitarian Law. Finally, it is argued that the Court has departed from the international practice in this field, but that it has nonetheless achieved results similar to IHL.Less
The Court has rarely resorted explicitly to the Geneva Conventions and the Additional Protocols, preferring to rely on its own approach. This happened despite the existence of an elaborate framework of law which is already applicable to situations of armed conflict. This chapter first analyses the purpose and status of international humanitarian law. In this context the case law of the ECtHR referring to situations of armed conflict is reviewed. It is demonstrated that the Court has used an approach to situations of armed conflict which is based on the ECHR and on the indirect application of International Humanitarian Law. Finally, it is argued that the Court has departed from the international practice in this field, but that it has nonetheless achieved results similar to IHL.
David J. Gerber
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199228225
- eISBN:
- 9780191711350
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199228225.003.0004
- Subject:
- Law, Competition Law
This chapter examines developments since the fall of the Soviet Union. During this period, competition law has again become a major focus of attention on both the international and national levels. ...
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This chapter examines developments since the fall of the Soviet Union. During this period, competition law has again become a major focus of attention on both the international and national levels. The number of states with competition laws has increased, as has the intensity of enforcement in many of them. This has generated increasing conflict, uncertainties and compliance costs; and, as a result, proposals for some form of global competition law cooperation have again become prominent and controversial. These problems have led to growing awareness of the limitations of the jurisdiction-based regime, but they have not yet led to fundamental changes in the jurisdictional system. The chapter examines these limitations and responses to them, including efforts to introduce competition law into the WTO and the creation of institutions and arrangements such as the International Competition Network that are designed to foster convergence among competition law systems.Less
This chapter examines developments since the fall of the Soviet Union. During this period, competition law has again become a major focus of attention on both the international and national levels. The number of states with competition laws has increased, as has the intensity of enforcement in many of them. This has generated increasing conflict, uncertainties and compliance costs; and, as a result, proposals for some form of global competition law cooperation have again become prominent and controversial. These problems have led to growing awareness of the limitations of the jurisdiction-based regime, but they have not yet led to fundamental changes in the jurisdictional system. The chapter examines these limitations and responses to them, including efforts to introduce competition law into the WTO and the creation of institutions and arrangements such as the International Competition Network that are designed to foster convergence among competition law systems.
Alexander Zahar
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199573417
- eISBN:
- 9780191728822
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199573417.003.0017
- Subject:
- Law, Public International Law, Criminal Law and Criminology
International law governing international armed conflict has grown since 1945 to include many crimes for which individuals may be held criminally liable. The ICTY and its supporters claim that much ...
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International law governing international armed conflict has grown since 1945 to include many crimes for which individuals may be held criminally liable. The ICTY and its supporters claim that much of this law has been extended to non-international armed conflict. This chapter argues that the rapid growth of internal-armed-conflict law at the ICTY has been accomplished by an ICTY moral philosophy masquerading as method. The tribunal's judges were well aware that the majority of states were, as late as 1977, opposed to, or had doubts about, such expansionism. Under a veneer of legality, a humanitarian sentiment that had been blocked by states at the diplomatic conferences convened by the ICRC found an opening with the establishment of the ICTY. Can the ICTY's law survive in the long term against the power of sovereign interest? The chapter considers this question in the light of the United States' critique of the ICRC's 2005 customary-law study.Less
International law governing international armed conflict has grown since 1945 to include many crimes for which individuals may be held criminally liable. The ICTY and its supporters claim that much of this law has been extended to non-international armed conflict. This chapter argues that the rapid growth of internal-armed-conflict law at the ICTY has been accomplished by an ICTY moral philosophy masquerading as method. The tribunal's judges were well aware that the majority of states were, as late as 1977, opposed to, or had doubts about, such expansionism. Under a veneer of legality, a humanitarian sentiment that had been blocked by states at the diplomatic conferences convened by the ICRC found an opening with the establishment of the ICTY. Can the ICTY's law survive in the long term against the power of sovereign interest? The chapter considers this question in the light of the United States' critique of the ICRC's 2005 customary-law study.
Nils Melzer
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199533169
- eISBN:
- 9780191714511
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199533169.003.0007
- Subject:
- Law, Human Rights and Immigration, Public International Law
International Humanitarian Law (IHL) is the body of rules and principles specifically designed to regulate the conduct of States and individuals actively involved in situations of international or ...
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International Humanitarian Law (IHL) is the body of rules and principles specifically designed to regulate the conduct of States and individuals actively involved in situations of international or non-international armed conflict. This chapter examines whether and, if so, to what extent the lex specialis of IHL adjusts the normative content of the paradigm of law enforcement to the realities of armed conflict as far as the use of lethal force outside the conduct of hostilities is concerned. The analysis takes into account those provisions of international criminal law which are specifically designed to penalize the use of lethal force in situations of armed conflict.Less
International Humanitarian Law (IHL) is the body of rules and principles specifically designed to regulate the conduct of States and individuals actively involved in situations of international or non-international armed conflict. This chapter examines whether and, if so, to what extent the lex specialis of IHL adjusts the normative content of the paradigm of law enforcement to the realities of armed conflict as far as the use of lethal force outside the conduct of hostilities is concerned. The analysis takes into account those provisions of international criminal law which are specifically designed to penalize the use of lethal force in situations of armed conflict.
Vipin Narang
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691159829
- eISBN:
- 9781400850402
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691159829.001.0001
- Subject:
- Political Science, International Relations and Politics
The world is in a second nuclear age in which regional powers play an increasingly prominent role. These states have small nuclear arsenals, often face multiple active conflicts, and sometimes have ...
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The world is in a second nuclear age in which regional powers play an increasingly prominent role. These states have small nuclear arsenals, often face multiple active conflicts, and sometimes have weak institutions. How do these nuclear states—and potential future ones—manage their nuclear forces and influence international conflict? Examining the reasoning and deterrence consequences of regional power nuclear strategies, this book demonstrates that these strategies matter greatly to international stability and it provides new insights into conflict dynamics across important areas of the world such as the Middle East, East Asia, and South Asia. The book identifies the diversity of regional power nuclear strategies and describes in detail the posture each regional power has adopted over time. Developing a theory for the sources of regional power nuclear strategies, the book offers the first systematic explanation of why states choose the postures they do and under what conditions they might shift strategies. It then analyzes the effects of these choices on a state's ability to deter conflict. Using both quantitative and qualitative analysis, the book shows that, contrary to a bedrock article of faith in the canon of nuclear deterrence, the acquisition of nuclear weapons does not produce a uniform deterrent effect against opponents. Rather, some postures deter conflict more successfully than others. This book considers the range of nuclear choices made by regional powers and the critical challenges they pose to modern international security.Less
The world is in a second nuclear age in which regional powers play an increasingly prominent role. These states have small nuclear arsenals, often face multiple active conflicts, and sometimes have weak institutions. How do these nuclear states—and potential future ones—manage their nuclear forces and influence international conflict? Examining the reasoning and deterrence consequences of regional power nuclear strategies, this book demonstrates that these strategies matter greatly to international stability and it provides new insights into conflict dynamics across important areas of the world such as the Middle East, East Asia, and South Asia. The book identifies the diversity of regional power nuclear strategies and describes in detail the posture each regional power has adopted over time. Developing a theory for the sources of regional power nuclear strategies, the book offers the first systematic explanation of why states choose the postures they do and under what conditions they might shift strategies. It then analyzes the effects of these choices on a state's ability to deter conflict. Using both quantitative and qualitative analysis, the book shows that, contrary to a bedrock article of faith in the canon of nuclear deterrence, the acquisition of nuclear weapons does not produce a uniform deterrent effect against opponents. Rather, some postures deter conflict more successfully than others. This book considers the range of nuclear choices made by regional powers and the critical challenges they pose to modern international security.
Guenael Mettraux
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199559329
- eISBN:
- 9780191705304
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199559329.003.0005
- Subject:
- Law, Criminal Law and Criminology, Public International Law
This chapter discusses the scope of application of the doctrine of superior responsibility, in particular the question of whether it applies in the context of both international as well as internal ...
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This chapter discusses the scope of application of the doctrine of superior responsibility, in particular the question of whether it applies in the context of both international as well as internal armed conflict and whether that doctrine applies, as a matter of international law, to situations where no armed conflict exists.Less
This chapter discusses the scope of application of the doctrine of superior responsibility, in particular the question of whether it applies in the context of both international as well as internal armed conflict and whether that doctrine applies, as a matter of international law, to situations where no armed conflict exists.
Chris Noonan
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199207527
- eISBN:
- 9780191708817
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207527.003.0005
- Subject:
- Law, Public International Law, Competition Law
The international effects of anticompetitive conduct and competition law enforcement actions are the source of many international conflicts. This chapter examines these conflicts within a trade ...
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The international effects of anticompetitive conduct and competition law enforcement actions are the source of many international conflicts. This chapter examines these conflicts within a trade policy framework. Section 5.1 outlines the relationship between trade law and competition law. Section 5.2 seeks to identify suitable rules to reduce international conflict that arises from the application of competition law in cases with an international element. Section 5.3 explores some of the international issues raised by predatory and exclusionary conduct. Section 5.4 examines whether transaction and compliance costs arising from the overlapping application of competition laws and multiple pre-merger reviews might justify the harmonization of competition laws.Less
The international effects of anticompetitive conduct and competition law enforcement actions are the source of many international conflicts. This chapter examines these conflicts within a trade policy framework. Section 5.1 outlines the relationship between trade law and competition law. Section 5.2 seeks to identify suitable rules to reduce international conflict that arises from the application of competition law in cases with an international element. Section 5.3 explores some of the international issues raised by predatory and exclusionary conduct. Section 5.4 examines whether transaction and compliance costs arising from the overlapping application of competition laws and multiple pre-merger reviews might justify the harmonization of competition laws.
Keren Yarhi-Milo
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9780691181288
- eISBN:
- 9781400889983
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691181288.003.0004
- Subject:
- History, Military History
This chapter looks at original surveys of sixty-eight presidential historians on the president each had studied in depth. The historians’ survey suggests that American presidents exhibit variation in ...
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This chapter looks at original surveys of sixty-eight presidential historians on the president each had studied in depth. The historians’ survey suggests that American presidents exhibit variation in their self-monitoring dispositions. The chapter then leverages this variation to test statistically whether US presidents’ behavior during international crises is consistent with the expectations of the theory presented in this book. The self-monitoring disposition of a US president is a significant predictor of his likelihood of employing and initiating military instruments to demonstrate resolve during international conflict. Low self-monitor presidents not only engage in less militarized interstate disputes, but they are also significantly less likely to initiate such disputes, compared to high self-monitor presidents. The chapter also presents findings indicating that high self-monitor presidents are more likely to prevail in militarized interstate disputes compared to their low self-monitor counterparts.Less
This chapter looks at original surveys of sixty-eight presidential historians on the president each had studied in depth. The historians’ survey suggests that American presidents exhibit variation in their self-monitoring dispositions. The chapter then leverages this variation to test statistically whether US presidents’ behavior during international crises is consistent with the expectations of the theory presented in this book. The self-monitoring disposition of a US president is a significant predictor of his likelihood of employing and initiating military instruments to demonstrate resolve during international conflict. Low self-monitor presidents not only engage in less militarized interstate disputes, but they are also significantly less likely to initiate such disputes, compared to high self-monitor presidents. The chapter also presents findings indicating that high self-monitor presidents are more likely to prevail in militarized interstate disputes compared to their low self-monitor counterparts.
Rogier Bartels
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199685899
- eISBN:
- 9780191765841
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199685899.003.0017
- Subject:
- Law, Public International Law, Human Rights and Immigration
This chapter discusses how to identify the moment when the law dealing with situations of armed conflict (jus in bello or international humanitarian law) ceases to apply and makes way for the law ...
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This chapter discusses how to identify the moment when the law dealing with situations of armed conflict (jus in bello or international humanitarian law) ceases to apply and makes way for the law governing the period after the conflict ends. Neither the end of non-international armed conflicts nor the end of the temporal scope of international humanitarian law is defined in treaty law. This chapter proposes using the criteria and identifying factors for the lower threshold at the start of non-international armed conflicts to determine when such conflicts end and when international humanitarian law no longer applies. The chapter describes the challenges in using these criteria and factors, and sets out a modified framework that can serve to identify when the fighting between the parties to the conflict drops below the threshold of intensity and organization and when it thus ceases to be a non-international armed conflict.Less
This chapter discusses how to identify the moment when the law dealing with situations of armed conflict (jus in bello or international humanitarian law) ceases to apply and makes way for the law governing the period after the conflict ends. Neither the end of non-international armed conflicts nor the end of the temporal scope of international humanitarian law is defined in treaty law. This chapter proposes using the criteria and identifying factors for the lower threshold at the start of non-international armed conflicts to determine when such conflicts end and when international humanitarian law no longer applies. The chapter describes the challenges in using these criteria and factors, and sets out a modified framework that can serve to identify when the fighting between the parties to the conflict drops below the threshold of intensity and organization and when it thus ceases to be a non-international armed conflict.
Antonio Cassese
- Published in print:
- 2008
- Published Online:
- March 2012
- ISBN:
- 9780199232918
- eISBN:
- 9780191696572
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232918.003.0001
- Subject:
- Law, Public International Law
This chapter discusses the six main areas where the law of armed conflicts is most glaringly in need to be updated because of fresh and multifarious developments in warfare. First, it considers the ...
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This chapter discusses the six main areas where the law of armed conflicts is most glaringly in need to be updated because of fresh and multifarious developments in warfare. First, it considers the dividing line between international and internal armed conflicts. Second, there is the problem of which categories of combatants can be treated as legitimate belligerents and consequently qualify on capture for prisoner-of-war status. Third, there is the question of the introduction into warfare of new and very cruel weapons. Fourth, the protection of civilians in light of new methods of combat needs attention. Fifth, the chapter considers ways and means of ensuring the implementation of the law of armed conflict. Sixth, the legal regulation of internal armed conflicts is considered.Less
This chapter discusses the six main areas where the law of armed conflicts is most glaringly in need to be updated because of fresh and multifarious developments in warfare. First, it considers the dividing line between international and internal armed conflicts. Second, there is the problem of which categories of combatants can be treated as legitimate belligerents and consequently qualify on capture for prisoner-of-war status. Third, there is the question of the introduction into warfare of new and very cruel weapons. Fourth, the protection of civilians in light of new methods of combat needs attention. Fifth, the chapter considers ways and means of ensuring the implementation of the law of armed conflict. Sixth, the legal regulation of internal armed conflicts is considered.
Tongdong Bai
- Published in print:
- 2019
- Published Online:
- September 2020
- ISBN:
- 9780691195995
- eISBN:
- 9780691197463
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691195995.003.0008
- Subject:
- Philosophy, Political Philosophy
This chapter turns to international conflicts and interventions. It details early Confucian discussions on these issues, including “theories of just war.” The chapter also addresses the question of ...
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This chapter turns to international conflicts and interventions. It details early Confucian discussions on these issues, including “theories of just war.” The chapter also addresses the question of whether “justice” and “just war” are applicable to the discussions in the Analects and the Mencius, because these terms were originally from Western philosophy and political theories. There are different understandings of these terms even within Western philosophy. In spite of the differences, however, there is a common use of these terms: when a war is called “just,” it means that it is good, right, and proper, and follows at least some moral rules. The differences among philosophers are about how they understand the Good, the right, or the moral. In the broad sense of the term “just war,” clearly, both Confucius and Mencius considered some wars just and some not. It is legitimate, then, to discuss just war theories in early Confucian thought.Less
This chapter turns to international conflicts and interventions. It details early Confucian discussions on these issues, including “theories of just war.” The chapter also addresses the question of whether “justice” and “just war” are applicable to the discussions in the Analects and the Mencius, because these terms were originally from Western philosophy and political theories. There are different understandings of these terms even within Western philosophy. In spite of the differences, however, there is a common use of these terms: when a war is called “just,” it means that it is good, right, and proper, and follows at least some moral rules. The differences among philosophers are about how they understand the Good, the right, or the moral. In the broad sense of the term “just war,” clearly, both Confucius and Mencius considered some wars just and some not. It is legitimate, then, to discuss just war theories in early Confucian thought.
Marc Howard Ross
- Published in print:
- 2004
- Published Online:
- October 2011
- ISBN:
- 9780195166439
- eISBN:
- 9780199849796
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195166439.003.0010
- Subject:
- Religion, Religion and Society
Political scientists would usually undermine the role of reconciliation in peacemaking at the level of international relations as reconciliation is viewed to be more often than not used in less ...
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Political scientists would usually undermine the role of reconciliation in peacemaking at the level of international relations as reconciliation is viewed to be more often than not used in less complex situations such as personal relations and face-to-face groups. In political science, peacemaking concerns developing behavioral patterns grounded on a reward and punishment or incentives system. This chapter attempts to clarify the notion of reconciliation and who will be undergoing this process, whether reconciliation is required in peacemaking, what the effects of reconciliation are, and through what mechanisms does reconciliation work. This is done by taking ritual action into account in re-evaluating ethnic conflicts.Less
Political scientists would usually undermine the role of reconciliation in peacemaking at the level of international relations as reconciliation is viewed to be more often than not used in less complex situations such as personal relations and face-to-face groups. In political science, peacemaking concerns developing behavioral patterns grounded on a reward and punishment or incentives system. This chapter attempts to clarify the notion of reconciliation and who will be undergoing this process, whether reconciliation is required in peacemaking, what the effects of reconciliation are, and through what mechanisms does reconciliation work. This is done by taking ritual action into account in re-evaluating ethnic conflicts.
Inger Österdahl
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199685899
- eISBN:
- 9780191765841
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199685899.003.0012
- Subject:
- Law, Public International Law, Human Rights and Immigration
This chapter argues that jus post bellum is necessary in order to cope constructively with the consequences of armed conflict. At the same time, the introduction of a systematic and comprehensive jus ...
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This chapter argues that jus post bellum is necessary in order to cope constructively with the consequences of armed conflict. At the same time, the introduction of a systematic and comprehensive jus post bellum will challenge the traditional conceptual categories relating to the law on the use of force. The purpose of jus post bellum is presumed to be the achievement of a just and stable peace based on democracy, human rights, and the rule of law. The introduction of jus post bellum will move the focus away from the beginning towards the middle and end of armed conflict. It will have an impact on jus ad bellum and jus in bello. Its introduction will also move the focus away from military necessity toward humanitarian values. It will further make armed conflict law less state-centered and more people-centered.Less
This chapter argues that jus post bellum is necessary in order to cope constructively with the consequences of armed conflict. At the same time, the introduction of a systematic and comprehensive jus post bellum will challenge the traditional conceptual categories relating to the law on the use of force. The purpose of jus post bellum is presumed to be the achievement of a just and stable peace based on democracy, human rights, and the rule of law. The introduction of jus post bellum will move the focus away from the beginning towards the middle and end of armed conflict. It will have an impact on jus ad bellum and jus in bello. Its introduction will also move the focus away from military necessity toward humanitarian values. It will further make armed conflict law less state-centered and more people-centered.
Raymond Cohen
- Published in print:
- 2004
- Published Online:
- October 2011
- ISBN:
- 9780195166439
- eISBN:
- 9780199849796
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195166439.003.0009
- Subject:
- Religion, Religion and Society
An apology serves as a human and effective tool for reconciliation and in dealing with conflict. Since apologies are not limited to only speech and may be delivered in several different ways and ...
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An apology serves as a human and effective tool for reconciliation and in dealing with conflict. Since apologies are not limited to only speech and may be delivered in several different ways and forms across the globe, apologies may be used on small instances like personal quarrels to more complicated problems like conflicts between nations. Apologies, however, bring about a range of various reactions from both the receiver and the giver because in the case of international conflicts, apologies are carelessly thrown, accepted ungraciously, and in some cases even avoided. This chapter uses a comparative and cross-cultural perspective in looking into apologies in the context of international reconciliation.Less
An apology serves as a human and effective tool for reconciliation and in dealing with conflict. Since apologies are not limited to only speech and may be delivered in several different ways and forms across the globe, apologies may be used on small instances like personal quarrels to more complicated problems like conflicts between nations. Apologies, however, bring about a range of various reactions from both the receiver and the giver because in the case of international conflicts, apologies are carelessly thrown, accepted ungraciously, and in some cases even avoided. This chapter uses a comparative and cross-cultural perspective in looking into apologies in the context of international reconciliation.
Richard C. Hall
- Published in print:
- 2009
- Published Online:
- September 2011
- ISBN:
- 9780813125589
- eISBN:
- 9780813135328
- Item type:
- chapter
- Publisher:
- University Press of Kentucky
- DOI:
- 10.5810/kentucky/9780813125589.003.0015
- Subject:
- History, Military History
International conflict throughout twentieth-century Europe can be divided into three parts. The first phase began with the Balkan Wars in 1912, extended through to the end of World War I, and lasted ...
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International conflict throughout twentieth-century Europe can be divided into three parts. The first phase began with the Balkan Wars in 1912, extended through to the end of World War I, and lasted until 1921 in Europe. The Paris peace settlement proved to be fragile, and after a brief respite of only 18 years World War II exploded in Europe. As soon as a new generation grew to the age of maturity, the conflict restarted. Although the second phase was the shortest in duration, it cost the most lives and did the most damage by far. The third conflict, the Cold War, segued neatly with the end of World War II, given the lack of an effective peace settlement. Although the Cold War was the longest lasting of the conflicts and potentially the most deadly, it was in fact the least damaging in terms of human lives and material losses.Less
International conflict throughout twentieth-century Europe can be divided into three parts. The first phase began with the Balkan Wars in 1912, extended through to the end of World War I, and lasted until 1921 in Europe. The Paris peace settlement proved to be fragile, and after a brief respite of only 18 years World War II exploded in Europe. As soon as a new generation grew to the age of maturity, the conflict restarted. Although the second phase was the shortest in duration, it cost the most lives and did the most damage by far. The third conflict, the Cold War, segued neatly with the end of World War II, given the lack of an effective peace settlement. Although the Cold War was the longest lasting of the conflicts and potentially the most deadly, it was in fact the least damaging in terms of human lives and material losses.
Matthew Gillett
- Published in print:
- 2017
- Published Online:
- November 2017
- ISBN:
- 9780198784630
- eISBN:
- 9780191827051
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198784630.003.0011
- Subject:
- Law, Public International Law, Environmental and Energy Law
This chapter examines the provisions of international criminal law applicable to serious environmental harm, particularly during non-international armed conflicts ('NIAC'). After describing incidents ...
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This chapter examines the provisions of international criminal law applicable to serious environmental harm, particularly during non-international armed conflicts ('NIAC'). After describing incidents of serious environmental harm arising in armed conflicts, the analysis surveys the provisions of international criminal law applicable to environmental harm during NIACs, including war crimes, crimes against humanity, genocide, and aggression. It then examines the basis for extending to NIACs the protection against military attacks causing excessive environmental harm (set out in Art. 8(2)(b)(iv) of the Rome Statute), which is currently only applicable in IACs. The examination of this possible amendment of the Rome Statute covers a broad range of instruments and laws forming part of international and national legal codes, all addressing grave environmental harm. Finally, the analysis turns to accountability for environmental harm as a facet of jus post bellum, emphasizing the interconnected nature of environmental harm and cycles of violence and atrocities.Less
This chapter examines the provisions of international criminal law applicable to serious environmental harm, particularly during non-international armed conflicts ('NIAC'). After describing incidents of serious environmental harm arising in armed conflicts, the analysis surveys the provisions of international criminal law applicable to environmental harm during NIACs, including war crimes, crimes against humanity, genocide, and aggression. It then examines the basis for extending to NIACs the protection against military attacks causing excessive environmental harm (set out in Art. 8(2)(b)(iv) of the Rome Statute), which is currently only applicable in IACs. The examination of this possible amendment of the Rome Statute covers a broad range of instruments and laws forming part of international and national legal codes, all addressing grave environmental harm. Finally, the analysis turns to accountability for environmental harm as a facet of jus post bellum, emphasizing the interconnected nature of environmental harm and cycles of violence and atrocities.
John Paul Lederach
- Published in print:
- 2005
- Published Online:
- April 2005
- ISBN:
- 9780195174540
- eISBN:
- 9780199835409
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195174542.003.0015
- Subject:
- Religion, Religion and Society
This chapter argues that if we are to survive as a global community, we must understand the imperative nature of giving birth and space to the moral imagination in human affairs. We must face the ...
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This chapter argues that if we are to survive as a global community, we must understand the imperative nature of giving birth and space to the moral imagination in human affairs. We must face the fact that much of our current system for responding to deadly local and international conflict is incapable of overcoming cycles of violent patterns precisely because our imagination has been corraled and shackled by the very parameters and sources that create and perpetrate violence. The stories in this book recount ways that people in the worst of conditions spawned precisely that kind of imagination. Four pathways to assist its birth, and the significant implications of these pathways for peacebuilding and for the conducting of human affairs in general are discussed.Less
This chapter argues that if we are to survive as a global community, we must understand the imperative nature of giving birth and space to the moral imagination in human affairs. We must face the fact that much of our current system for responding to deadly local and international conflict is incapable of overcoming cycles of violent patterns precisely because our imagination has been corraled and shackled by the very parameters and sources that create and perpetrate violence. The stories in this book recount ways that people in the worst of conditions spawned precisely that kind of imagination. Four pathways to assist its birth, and the significant implications of these pathways for peacebuilding and for the conducting of human affairs in general are discussed.
Ian Hurd
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9780691196503
- eISBN:
- 9781400888078
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691196503.003.0001
- Subject:
- Political Science, International Relations and Politics
This introductory chapter provides an overview of the politics of the international rule of law. The big debates in world politics today are inseparable from international law. Controversy over what ...
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This introductory chapter provides an overview of the politics of the international rule of law. The big debates in world politics today are inseparable from international law. Controversy over what is and is not legal is standard fare in international conflicts, and commitment to rule of law is presumed a marker of good governance. Yet the politics of the international rule of law are not so simple and are rarely investigated directly. This book shows that international law is properly seen not as a set of rules external to and constraining of state power but rather as a social practice in which states and others engage. They put the political power of international law to work in the pursuit of their goals and interests. Indeed, governments use international law to explain and justify their choices. This is both constraining and permissive. On the one hand, states must fit their preferences into legal forms. On the other hand, they are empowered when they can show their choices to be lawful. Thus, international law makes it easier for states to do some things (those that can be presented as lawful) and harder to do others (those that appear to be unlawful). The book then looks at how the concept of international law is used in world politics and to what ends.Less
This introductory chapter provides an overview of the politics of the international rule of law. The big debates in world politics today are inseparable from international law. Controversy over what is and is not legal is standard fare in international conflicts, and commitment to rule of law is presumed a marker of good governance. Yet the politics of the international rule of law are not so simple and are rarely investigated directly. This book shows that international law is properly seen not as a set of rules external to and constraining of state power but rather as a social practice in which states and others engage. They put the political power of international law to work in the pursuit of their goals and interests. Indeed, governments use international law to explain and justify their choices. This is both constraining and permissive. On the one hand, states must fit their preferences into legal forms. On the other hand, they are empowered when they can show their choices to be lawful. Thus, international law makes it easier for states to do some things (those that can be presented as lawful) and harder to do others (those that appear to be unlawful). The book then looks at how the concept of international law is used in world politics and to what ends.
JAMES CRAWFORD
- Published in print:
- 2007
- Published Online:
- January 2010
- ISBN:
- 9780199228423
- eISBN:
- 9780191714375
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199228423.003.0001
- Subject:
- Law, Public International Law
At the beginning of the 20th century, there were some fifty acknowledged States. By 2005, this number rose to exactly 192 States. The emergence of so many new States represents one of the major ...
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At the beginning of the 20th century, there were some fifty acknowledged States. By 2005, this number rose to exactly 192 States. The emergence of so many new States represents one of the major political developments of the 20th century. It has changed the character of international law and the practice of international organisations, and has been one of the more important sources of international conflict. But the fact that some development is of importance in international relations does not entail that it is regulated by international law. Fundamentally, the question is whether international law is itself, in one of its most important aspects, a coherent or complete system of law. This work investigates whether, and to what extent, the formation and existence of States is regulated by international law, and is not simply a ‘matter of fact’.Less
At the beginning of the 20th century, there were some fifty acknowledged States. By 2005, this number rose to exactly 192 States. The emergence of so many new States represents one of the major political developments of the 20th century. It has changed the character of international law and the practice of international organisations, and has been one of the more important sources of international conflict. But the fact that some development is of importance in international relations does not entail that it is regulated by international law. Fundamentally, the question is whether international law is itself, in one of its most important aspects, a coherent or complete system of law. This work investigates whether, and to what extent, the formation and existence of States is regulated by international law, and is not simply a ‘matter of fact’.
