Jump to ContentJump to Main Navigation

You are looking at 1-20 of 22 items

  • Keywords: non-State actor x
Clear All Modify Search

View:

The International Law Commission perspective on non-State actors and customary international law

Veronika Bílková

in International organisations, non-State actors, and the formation of customary international law

Published in print:
2020
Published Online:
September 2021
ISBN:
9781526134158
eISBN:
9781526161000
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7765/9781526134165.00017
Subject:
Law, Public International Law

The chapter presents and critically assesses the view on non-State actors expressed in the Conclusions on Identification of Customary International Law adopted by the United Nations International Law ... More


Non-State Actors and Armed Conflict

Kenneth Watkin

in Fighting at the Legal Boundaries: Controlling the Use of Force in Contemporary Conflict

Published in print:
2016
Published Online:
June 2016
ISBN:
9780190457976
eISBN:
9780190458003
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190457976.003.0009
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter focuses on the lack of legal consensus regarding how non-State violence is categorized and the requirement to determine when the thresholds for an armed conflict are met. The complexity ... More


Custom as the product of successful argumentative campaigns

Fabian Cardenas

in International organisations, non-State actors, and the formation of customary international law

Published in print:
2020
Published Online:
September 2021
ISBN:
9781526134158
eISBN:
9781526161000
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7765/9781526134165.00013
Subject:
Law, Public International Law

In spite of the International Law Commission’s reluctance to recognize the direct incidence of non-State actors in the formation of customary international law, this chapter suggests that non-State ... More


Unlearning some common tropes

Jean d’Aspremont

in International organisations, non-State actors, and the formation of customary international law

Published in print:
2020
Published Online:
September 2021
ISBN:
9781526134158
eISBN:
9781526161000
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7765/9781526134165.00014
Subject:
Law, Public International Law

This chapter reflects on the last decade of scholarly reflections on the question of non-State actors and customary international law and revisits some of the specific argumentative constructions and ... More


Conflict Management and the Political Economy of Recognition

Christopher Borgen

in Complex Battlespaces: The Law of Armed Conflict and the Dynamics of Modern Warfare

Published in print:
2019
Published Online:
December 2018
ISBN:
9780190915360
eISBN:
9780190915391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190915360.003.0005
Subject:
Law, Public International Law

States increasingly find themselves in competition and conflict with non-State actors, including terrorist networks, insurgencies, separatist regimes, criminal cartels, and other groups. The effects ... More


Introduction: stories about international organisations, non-State actors, and the formation of customary international law

Sufyan Droubi and Jean d’Aspremont

in International organisations, non-State actors, and the formation of customary international law

Published in print:
2020
Published Online:
September 2021
ISBN:
9781526134158
eISBN:
9781526161000
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7765/9781526134165.00006
Subject:
Law, Public International Law

This chapter shows that the dominant approach to custom-forming has remained adverse to the idea that international organizations and non-State actors contribute to the formation of customary ... More


Jus ad Bellum and Military Command

J.F.R. Boddens Hosang

in Rules of Engagement and the International Law of Military Operations

Published in print:
2020
Published Online:
March 2020
ISBN:
9780198853886
eISBN:
9780191888229
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198853886.003.0003
Subject:
Law, Public International Law

This chapter discusses the various legal bases for the use of force, including national self-defence and the criteria for national self-defence, examining the law governing the initiation of the use ... More


The Use of Force in Armed Conflicts Conduct of Hostilities, Law Enforcement, and Self-Defense

Gloria Gaggioli

in Complex Battlespaces: The Law of Armed Conflict and the Dynamics of Modern Warfare

Published in print:
2019
Published Online:
December 2018
ISBN:
9780190915360
eISBN:
9780190915391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190915360.003.0003
Subject:
Law, Public International Law

In modern warfare, military forces are expected to use lethal or potentially lethal force in a variety of contexts ranging from combat operations against the adversary to maintaining law and order or ... More


Fragmented Wars: Multi-Territorial Military Operations against Armed Groups

Noam Lubell

in Complex Battlespaces: The Law of Armed Conflict and the Dynamics of Modern Warfare

Published in print:
2019
Published Online:
December 2018
ISBN:
9780190915360
eISBN:
9780190915391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190915360.003.0001
Subject:
Law, Public International Law

The use of force against armed groups located in other States is not new, but began receiving heightened attention as a result of U.S. operations in Afghanistan following the attacks of September 11, ... More


Hybrid Conflict and Prisoners of War: The Case of Ukraine

Jeffrey Kahn

in Complex Battlespaces: The Law of Armed Conflict and the Dynamics of Modern Warfare

Published in print:
2019
Published Online:
December 2018
ISBN:
9780190915360
eISBN:
9780190915391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190915360.003.0007
Subject:
Law, Public International Law

The conflicts in eastern Ukraine and Crimea are not the first time sovereign States have clashed under murky and confused circumstances. The law governing international armed conflict, i.e. the law ... More


International organisations, non-State actors, and the formation of customary international law

Sufyan Droubi and Jean d'Aspremont (eds)

Published in print:
2020
Published Online:
September 2021
ISBN:
9781526134158
eISBN:
9781526161000
Item type:
book
Publisher:
Manchester University Press
DOI:
10.7765/9781526134165
Subject:
Law, Public International Law

This collection of chapters provides the most comprehensive study of the theory and practice on the contribution of international organisations and non-State actors to the formation of customary ... More


Between anthropomorphism and artificial unity

Maiko Meguro

in International organisations, non-State actors, and the formation of customary international law

Published in print:
2020
Published Online:
September 2021
ISBN:
9781526134158
eISBN:
9781526161000
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7765/9781526134165.00012
Subject:
Law, Public International Law

This chapter seeks to shed light on the role of non-State actors in custom-making processes. It does so by repudiating the dominant understanding of opinio juris and practice within the two-element ... More


Foundational Issues

Alessandro Chechi

in The Settlement of International Cultural Heritage Disputes

Published in print:
2014
Published Online:
April 2014
ISBN:
9780198703990
eISBN:
9780191773228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703990.003.0002
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter consists of two parts. The first part looks at the meanings and the main implications of the concepts of “cultural property” and “cultural heritage”. It then examines the symbiosis ... More


Protection of Civilians under International Human Rights Law

Andrew Clapham

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/9780198729266.003.0007
Subject:
Law, Public International Law, Human Rights and Immigration

The chapter considers the protection of civilians under international human rights law and notes that the role of international human rights in protecting civilians is complex. Unlike international ... More


Accounting for the Complexity of the Law Applicable to Modern Armed Conflicts

Marko Milanovic

in Complex Battlespaces: The Law of Armed Conflict and the Dynamics of Modern Warfare

Published in print:
2019
Published Online:
December 2018
ISBN:
9780190915360
eISBN:
9780190915391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190915360.003.0002
Subject:
Law, Public International Law

It is almost trivial to observe that the law applying to modern armed conflicts is full of complexities. Such complexities are, after all, the bread and butter of legal academics, who have produced ... More


International organizations and non-State actors in the International Law Commission’s conclusions on identification of customary international law

Michael Wood

in International organisations, non-State actors, and the formation of customary international law

Published in print:
2020
Published Online:
September 2021
ISBN:
9781526134158
eISBN:
9781526161000
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7765/9781526134165.00016
Subject:
Law, Public International Law

With an emphasis on the role of international organizations and non-State actors to the formation of customary international law, this chapter recalls some of the key choices made by the ... More


Legitimacy: The Lynchpin of Military Success in Complex Battlespaces

Thomas E. Ayres and Jeffrey S. Thurnher

in Complex Battlespaces: The Law of Armed Conflict and the Dynamics of Modern Warfare

Published in print:
2019
Published Online:
December 2018
ISBN:
9780190915360
eISBN:
9780190915391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190915360.003.0008
Subject:
Law, Public International Law

Legitimacy is a critical factor in operations. States strive to maintain legitimacy of their operations for a variety of reasons. The essence of legitimacy on the battlefield is conducting operations ... More


Subsequent Practice as a Means of Treaty Interpretation

Irina Buga

in Modification of Treaties by Subsequent Practice

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198787822
eISBN:
9780191829888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787822.003.0002
Subject:
Law, Public International Law, Company and Commercial Law

This chapter focuses on the well-established role of subsequent practice in the interpretative process. It begins by examining the concept of ‘subsequent practice’ in light of the drafting history of ... More


The International Legal Personality of the Individual

Astrid Kjeldgaard-Pedersen

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198820376
eISBN:
9780191860294
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198820376.001.0001
Subject:
Law, Public International Law

This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. ... More


Conclusion to Part III

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/9780199680399.003.0014
Subject:
Law, Public International Law, Human Rights and Immigration

This concluding chapter recalls the major themes and issues addressed in Part III of the monograph, emphasizing that the invocation of self-defence (or more modest forcible reactions) in response to ... More


View: