Public international law: responsibility of states and other entities Books
Encounter Books,USA The Cunning of Freedom: Saving the Self in an Age
Book SynopsisThis book has two currents. The first is an analysis of the three concepts of freedom that are called, respectively, negative, positive, and inner. Negative freedom is defined as an absence of coercion, positive freedom as an ability to rule oneself and others, inner freedom as being oneself; that is, being the author of one’s decisions. Each concept is analyzed both in terms of its development in the history of ideas and in terms of its internal logic. The major problem of negative freedom is to find widely accepted rules according to which this freedom can be distributed. Positive freedom’s major difficulty is to define what constitutes a free person. The greatest dilemma with inner freedom is how to correlate it with the proper interpretation of the human self. The book advances the thesis, and this constitutes the other current of its narrative—that we have been witnessing the advent of a new form of despotism, much of it being the effect of liberalism’s dominant position. Precisely because it took a reductionist position, liberalism has impoverished our view of freedom and, consequently, our notion of human nature with its political, moral, and metaphysical dimensions.Trade Review“Forget Rawls, Nozick, and Dworkin. You have to read Legutko. His new book, The Cunning of Freedom, demolishes social-contract theory and shows why universal rights haven’t made us free or happy—and never will. Legutko’s penetrating vision of positive human freedom puts him at the very forefront of political philosophy in our time.” —Yoram Hazony, author of The Virtue of Nationalism (Basic Books, 2018) “Ryszard Legutko dissects today’s obligatory platitudes of diversity, tolerance, and inclusion. He frees us from cant about freedom and inspires us to live as free men. A must-read.” —R. R. Reno, editor of First Things “The enticing word ‘liberalism’ with its ‘rights’ is now a bait leading to the slavery of conformism. Freedom itself has to be freed from its own perversions. Ryszard Legutko aptly scrutinizes several models of the free man, alleged or real: philosopher, entrepreneur, artist, aristocrat. Beyond Hume's and Nietzsche's nihilism, he retrieves a strong concept of the self, grounded on the Greek ideal of the ‘large soul,’ mindful of its roots, conscious of its dignity and of the duties it involves, fighting for the virtues, and finding peace in contemplation.” —Rémi Brague, professor emeritus, Sorbonne and University of Munich, and author of Curing Mad Truths (University of Notre Dame Press, 2019) “Of all the many books on freedom I have read, this new book by Ryszard Legutko is by far the best. What he says is in essence what Burke also said, and what most—particularly American—conservatives today have all but forgotten: that freedom without wisdom and virtue is folly, vice and madness, without restraint. In Burke this is just a brilliant aphorism. Legutko’s book gives us much more: it is a profound, philosophical description and explanation of the many shapes this mad and vicious freedom has taken in the modern world. A hard, but necessary pill to swallow for everyone who thinks that freedom is all it takes. A truly Socratic elenchos on an intellectual level that is very rare in today’s academic world.” —Andreas Kinneging, professor of legal philosophy, University of Leiden
£18.04
Oxford University Press Sovereignty International Law and the Princely States of Colonial South Asia The History and Theory of International Law
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£999.99
Oxford University Press Detention in NonInternational Armed Conflict
Book SynopsisInternational law has long differentiated between international and non-international armed conflicts, traditionally regulating the former far more comprehensively than the latter. This is particularly stark in the case of detention, where the law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released. Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan. This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, with the focus on preventive security detention, or ''internment''. All relevant areas of international law, most notably international humanitarian law and international human rights law, are analysed in deTable of ContentsPART I: CONTEXT ; PART II: INTERNATIONAL HUMANITARIAN LAW ; PART III: INTERNATIONAL HUMAN RIGHTS LAW ; PART IV: DEVELOPING THE LAW
£999.99
Cambridge University Press The Privatization of Peacekeeping Exploring Limits and Responsibility under International Law
Book SynopsisPrivate military and security companies (PMSCs) have been used in every peace operation since 1990, and reliance on them is increasing at a time when peace operations themselves are becoming ever more complex. This book provides an essential foundation for the emerging debate on the use of PMSCs in this context. It clarifies key issues such as whether their use complies with the principles of peacekeeping, outlines the implications of the status of private contractors as non-combatants under international humanitarian law, and identifies potential problems in holding states and international organizations responsible for their unlawful acts. Written as a clarion call for greater transparency, this book aims to inform the discussion to ensure that international lawyers and policy makers ask the right questions and take the necessary steps so that states and international organizations respect the law when endeavouring to keep peace in an increasingly privatized world.Table of ContentsIntroduction; Part I. UN Use of PMSCs: The Current Situation: 1. Contracting by the UN: policy and practice; 2. Survey of existing opinion and practice on the possibility of PMSCs as the military component of a UN peace operation; Part II. The Legal Framework of UN Peace Operations and the Use of PMSCs: Introduction; 3. The legal basis for peacekeeping/peace operations; 4. Principles of peacekeeping; 5. PMSCs as the military or police component of the peace operation; 6. The law applicable to peace operations; Part III. PMSCs and Direct Participation in Hostilities: Introduction; 7. The status of PMSC personnel under IHL; 8. The impact of civilian status on the rights and duties of PMSCs: Direct Participation in Hostilities; 9. The use of force by PMSC personnel in self-defence; 10. The use of force in self-defence in peace operations; 11. Human rights law; Part IV. Responsibility: Introduction; 12. Attribution of the actions PMSCs active in peace operations to states; 13. Responsibility of international organizations; 14. Implementation of responsibility; 15. Criminal responsibility; Conclusion.
£999.99
Oxford University Press The Law of State Immunity
Book SynopsisRevised and updated to include recent developments since 2013, the third edition of The Law of State Immunity provides a detailed guide to the operation of the international rule of State immunity which bars one State''s national courts from exercising criminal or civil jurisdiction over claims made against another State. Building on the analysis of its two previous editions, it reviews relevant material at both international and national levels with particular attention to US and UK law; the 2004 UN Convention on Jurisdictional Immunities of the State and its Property (not yet in force), and also seeks to assess the significance of recent changes in the evolution of the law.Although the restrictive doctrine of immunity is now widely observed by which foreign States may be sued in national courts for their commercial transactions, the immunity rule remains controversial, not only by reason of the recognition of a single State''s right to deny a remedy for a wrong - China, a major tradiTrade ReviewThe authors must be sincerely congratulated for this substantially revised edition of an already renowned treaties. Not only have they achieved an extremely useful update of the current law of State immunity by keeping up the high standard of the previous edition in terms of almost lexicographical tracing and recording of State practice and case law in numerous jurisdictions. This book is also an excellent attempt at re-conceptualising the notion of state immunity against the background of recent international case law. * Stephan Wittch, German Yearbook of International Law *Review from previous edition '...outstanding analysis...well written and superbly documented work...a must have for any public or private collection shelving the classics of international legal literature.' * American Society of International Law *'This in-depth study will be one of the most consulted works on international law. Those who specialize in new areas of international law, whether human rights, environmental law, or international criminal law, should certainly read it....This is a work of rigorous scholarship. As an authoritative monograph , it will be of inestimable value to practitioners. And its careful review of the many theoretical issues will be valuable in helping to fashion the law in many countries...' * Anthony Aust, International and Comparative Law Quarterly *'Hazel Fox has long been known as the author of some the most probing scholarship on the relationship between international law and national law. In this substantial new volume, she sets out the most comprehensive and thoughtful analysis to date of a subect that is, as she so clearly demonstrates, no longer confined wither to immunities or to states....There is a great deal of interest and value in this book, both for scholars and practitioners. For specialists in the topic it will be an indispensable text.' * Alan Boyle, The Law Review Quarterly *This is a work of rigorous scholarship. As an authoritative monograph, it will be of inestimable value to practitioners....The book is user-friendly in its detailed list of contents, lavish use of headings, and sub-headings, clear scene-setters for each chapter, regular summaries and a good index....State immunity is a difficult subject for students, teachers, and practitioners of international law, and there has long been need for a good book on it ... practitioners will have already found the book essential for their work, a sign of a book being instantly indispensable. * International and Comparative Law Quarterly *Table of ContentsPART I: GENERAL CONCEPTS; PART II: THE SOURCES OF THE LAW OF STATE IMMUNITY; PART III: THE CURRENT INTERNATIONAL LAW OF STATE IMMUNITY; PART IV: OTHER IMMUNITIES; PART V: CONCLUSIONS
£79.80
Brill The Relationship Between State and Individual Responsibility for International Crimes
Book SynopsisThis book offers a unique comparison between state and individual responsibility for international crimes and examines the theories that can explain the relationship between these two regimes. The study provides a comprehensive and systematic analysis of the relevant international practice from the standpoint of both international criminal law, and in particular the case law of international criminal tribunals, and state responsibility. The author shows the various connections and issues arising from the parallel establishment of state and individual responsibility for the commission of the same international crimes. These connections indicate a growing need to better co-ordinate these regimes of international responsibility. The author maintains that a general conception, according to which state and individual responsibility are two separate sets of secondary rules attached to the breach of the same primary norms, can help to solve the various issues relating to this dual responsibility. This conception of the complementarity between state and individual responsibility justifies co-ordination and consistent application of these two different regimes, each of which aims to foster compliance with the most important obligations owed to the international community as a whole.Table of ContentsLIST OF ABBREVIATIONS; ACKNOWLEDGMENTS; INTRODUCTION PART I. GENERAL APPROACHES TO THE RELATIONSHIP BETWEEN STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES 1. THE GENERAL FRAMEWORK OF THE RELATIONSHIP BETWEEN STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES - Clarifying Some Basic Concepts - The Overlap between State and Individual Responsibility for International Crimes - The Relationship between State and Individual Responsibility for International Crimes in the Works of the ILC - Historical Overview 2. THEORETICAL APPROACHES TO THE RELATIONSHIP BETWEEN STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES - Dual Responsibility for International Crimes - Diverging Approaches to the Relationship between State and Individual Responsibility for International Crimes - The Individual-Oriented and State-Oriented Conceptual Schemes - Concluding Observations PART II. THE OVERLAP BETWEEN STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES IN INTERNATIONAL PRACTICE 3. THE OVERLAP OF THE MATERIAL ELEMENT: THE SERIOUSNESS REQUIREMENT - Two Different Concepts of Seriousness - Theoretical Approaches to the Seriousness Requirement - The Seriousness Requirement as Applied in International Case Law - Concluding Observations 4. THE OVERLAP OF THE PSYCHOLOGICAL ELEMENT: MENS REA V. FAULT - The Psychological Element and State Responsibility - Theoretical Approaches to the Psychological Element - The Psychological Element as Applied in the International Case Law - Concluding Observations 5. DEFENCES AND CIRCUMSTANCES PRECLUDING WRONGFULNESS - Theoretical Approaches to the Relationship between Defences and Circumstances Precluding Wrongfulness - Overlapping Defences and Circumstances Precluding Wrongfulness - Circumstances Precluding Wrongfulness and International Criminal Law - Concluding Observations 6. ASCRIBING RESPONSIBILITY FOR COLLECTIVE CRIMES: MODES OF LIABILITY - Linking Individual Liability to Collective Criminal Conduct - The Crime of Membership in a Criminal Organization - Modes of Collective Liability under International Criminal Law - Joint Criminal Enterprise and Mass Atrocities - Modes of Collective Liability and State Responsibility - Concluding Observations 7. ESTABLISHING STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES - Issues of State Responsibility before International Criminal Tribunals - Connections in the Establishment of State and of Individual Responsibility - Establishing State and Individual Responsibility for Aggression - Concluding Observations PART III. THE RELATIONSHIP BETWEEN STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES 8. COMPLEMENTARITY BETWEEN STATE AND INDIVIDUAL RESPONSIBILITY FOR INTERNATIONAL CRIMES - The Relationship between State and Individual Responsibility according to International Practice - A Functional Analysis of State and Individual Responsibility for International Crimes - The Complementarity between State and Individual Responsibility for International Crimes 9. TOWARDS A DUAL RESPONSIBILITY PARADIGM? - Theoretical Approaches and the Complementarity between State and Individual Responsibility for International Crimes - The Theoretical Framework Explaining the Complementarity between State and Individual Responsibility for International Crimes - Towards a Dual Responsibility Paradigm? BIBLIOGRAPHY; LIST OF CASES; INDEX
£142.40
Brill Responsibility to Protect and Women, Peace and Security: Aligning the Protection Agendas
Book SynopsisIn Responsibility to Protect and Women, Peace and Security: Aligning the Protection Agendas, editors Sara E. Davies, Zim Nwokora, Eli Stamnes and Sarah Teitt address the intersections of the Responsibility to Protect (R2P) principle and the Women, Peace, and Security (WPS) agenda. Contributions from policy-makers and academics consider both the merits and the utility of aligning the protection agendas of R2P and WPS. A number of actionable recommendations are made concerning a unification of the agendas to best support the global empowerment of women and the prevention of mass atrocities.Table of ContentsIntroduction Sara E. Davies, Zim Nwokora, Eli Stamnes and Sarah Teitt Chapter One The responsibility to protect: Integrating gender perspectives into policies and practices Eli Stamnes Chapter Two Translating UNSCR 1325 into Practice: Lessons Learned and Obstacles Ahead Katrina Lee Koo Chapter Three WPS and R2P: Theorising Responsibility and Protection Lucy Hall and Laura J. Shepherd Chapter Four Responsibility to Protect or Prevent? Victims and perpetrators of sexual violence crimes in armed conflicts Inger Skjelsbæk Chapter Five Gender-sensitive protection and the Responsibility to Prevent: Lessons from Chad John Karlsrud and Randi Solhjell Chapter Six Implementing UN Security Council Resolution 1325: Putting the Responsibility to Protect into Practice Sahana Dharmapuri Chapter Seven Beyond ‘Cultural Constraint’: Gender, Security and Participation in the Pacific Islands Nicole George Chapter Eight The Obstacles of Aligning Women Peace and Security and the Responsibility to Protect in UN Practice Melina Lito
£91.20
Brill Children and the Responsibility to Protect
Book SynopsisIn Children and the Responsibility to Protect, Bina D’Costa and Luke Glanville bring together more than a dozen academics and practitioners from around the world to examine the intersections of the Responsibility to Protect (R2P) principle and the theory and practice of child protection. Contributors consider themes including how the agency and vulnerability of children is represented and how their voices are heard in discussions of R2P and child protection, and the merits of drawing together the R2P and Children and Armed Conflict (CAAC) agendas, as well as case studies of children’s lives in conflict zones, child soldiers, and children born of conflict-related sexual violence. This collection of essays was first published in the journal Global Responsibility to Protect (vol.10/1-2, 2018) as a special issue. Contributors are: J. Marshall Beier, Letícia Carvalho, Bina D’Costa, Myriam Denov, Luke Glanville, Michelle Godwin, Erin Goheen Glanville, Cecilia Jacob, Dustin Johnson, Atim Angela Lakor, Katrina Lee-Koo, Ryoko Nakano, Jochen Prantl, Jeremy Shusterman, Hannah Sparwasser Soroka, Timea Spitka, Jana Tabak, Shelly Whitman.Table of ContentsContents List of Contributors Children and R2P: An Introduction Luke Glanville Two Agendas: R2P and Children and Armed Conflict ‘Children Heard, Half-Heard?’: A Practitioners’ Look for Children in the Responsibility to Protect and Normative Agendas on Protection in Armed Conflict Jeremy Shusterman and Michelle Godwin ‘The Intolerable Impact of Armed Conflict on Children’: The United Nations Security Council and the Protection of Children in Armed Conflict Katrina Lee-Koo R2P and the Prevention of Mass Atrocities: A Child-Centric Approach Cecilia Jacob The Politics of Norm Glocalisation: Limits in Applying R2P to Protecting Children Jochen Prantl and Ryoko Nakano Representing Children Responsibility to Protect the Future: Children on the Move and the Politics of Becoming Jana Tabak and Letícia Carvalho R2P and the Novel: The Trope of the Abandoned Refugee Child in Stella Leventoyannis Harvey’s The Brink of Freedom Erin Goheen Glanville Ultimate Tests: Children, Rights, and the Politics of Protection J. Marshall Beier Case Studies Children on the Front Lines: Responsibility to Protect in the Israeli/Palestinian Conflict Timea Spitka Post-War Stigma, Violence and ‘Kony Children’: The Responsibility to Protect Children Born in Lord’s Resistance Army Captivity in Northern Uganda Myriam Denov and Atim Angela Lakor Prevent to Protect: Early Warning, Child Soldiers, and the Case of Syria Dustin Johnson, Shelly Whitman and Hannah Sparwasser Soroka Conclusion Of Responsibilities, Protection, and Rights: Children’s Lives in Conflict Zones Bina D’Costa Bibliography
£93.60
Brill International Groundwater Law and the US-Mexico Border Region
Book SynopsisIn International Groundwater Law and the US-Mexico Border Region, Maria E. Milanes provides a study and analysis of the international groundwater law. The regulation and groundwater management along the US-Mexico border reflect the current international trends for management of transboundary groundwater. International Groundwater Law and the US-Mexico Border Region offers a new international legal and institutional framework to manage fossil aquifers and groundwater in conjunctive use with surface water, where specific guidelines and recommendations for water banking can improve water allocation and protect the environment. This framework can be adapted to any region of around the world. The US-Mexico border is the case study selected to apply and demonstrate the efficacy of this legal and institutional framework.Table of ContentsAcknowledgements 1 Introduction 2 Groundwater along the US-Mexico Border 1 Introduction 2 Defining International Transboundary Groundwater and Aquifers 3 Types of Aquifers and Their Implications for International Law 4 Case Studies of Groundwater Use along the US-Mexico Border 5 Conclusion 3 Challenges and Issues in the Management of Groundwater: the Case of the US-Mexico Border Region 1 Introduction 2 Challenges and Problems in the Management of Groundwater 3 International Water Disputes along the US-Mexico Border 4 Conclusion 4 The International Legal Regime of International Groundwater and Aquifers 1 Introduction 2 Customary International Law and International Groundwater 3 International Legal Instruments 4 State Practice 5 Conclusion 5 History and Current International Water Legal Framework of the United States-Mexico Border 1 Introduction 2 International Legal Framework in the United States-Mexico Border 3 New Perspectives on the International Legal Framework for the United States-Mexico Border 4 Conclusion 6 Domestic Legal and Institutional Framework at the US-Mexico Border 1 Introduction 2 Domestic Binational Efforts and Agreements 3 The United States 4 Mexico 5 Conclusion 7 The US-Mexico Transboundary Aquifer Assessment Act, 2006. Cooperation between US and Mexico, Achievements and Efforts in the Mesilla Aquifer Basin 1 Introduction 2 Transboundary Groundwater along the US-Mexico Border Region with Special Reference to the Mesilla Aquifer 3 Transboundary Groundwater Issues along the US-Mexico Border Region 4 United States-Mexico Transboundary Aquifer Assessment Act, 2006 5 The Joint Report of the Principal Engineers Regarding the Joint Cooperative Process United States-Mexico for the Transboundary Aquifer Assessment Program 6 TAAP Implementation and Achievements on the Mesilla Basin/Conejos-Médanos 7 Efforts and Cooperation 8 Further Efforts 9 Conclusion 8 Water Transfer Mechanisms and Regulations: the Role of Water Banking 1 Introduction 2 Mechanisms to Transfer Water 3 Institutional Framework for Water Markets and Banking 4 Current Water Transfer Regulations in the US-Mexico Border Region 5 Water Banking Trends along the US-Mexico Border 6 Conclusion 9 A New International Legal and Institutional Framework to Allocate Groundwater in the US-Mexico Border Region 1 Introduction 2 Reasons for a New International Legal Framework along the US-Mexico Border Region 3 Theoretical Basis for a Legal Framework 4 New International Legal and Institutional Framework to Allocate Groundwater and Groundwater in Conjunctive Use with Surface Water along the US-Mexico Border 5 Legal and Institutional Framework for Minute 2013 6 Current Approach to Regulate Groundwater Along the US-Mexico Border 7 Conclusion 10 Conclusion and Recommendations Appendix 1: United States-Mexico Transboundary Aquifer Assessment Act Appendix 2: Joint Report of the Principal Engineers Regarding the Joint Cooperative Process United States-Mexico for the Transboundary Aquifer Assessment Program Appendix 3: Proposed Conjunctive Use Regulation 2013 Appendix 4: Proposed Fossil Aquifers Regulation 2013 Index
£172.00
Brill Data Innovations for Transboundary Freshwater Resources Management: Are Obligations Related to Information Exchange Still Needed?
Book SynopsisIn Data Innovations for Transboundary Freshwater Resources Management: Are Obligations Related to Information Exchange Still Needed?, Christina Leb discusses how technology innovations disrupt the conventional methods of data and information exchange and the potential impact this may have on international water law. Cross-border data and information exchange is one of the most challenging issues for transboundary water management. Only a small number of treaties include direct obligations related to mutual data and information exchange. Technological innovations related to real-time data availability, space technology and earth observation have led to an increase in quality and availability of hydrological, meteorological and geo-spatial data. These innovations open new avenues for access to water related data and transform data and information exchange globally. This monograph is an exploratory assessment of the potential impacts of these disruptive technologies on data and information exchange obligations in international water law.Table of Contents Dedication Data Innovations for Transboundary Freshwater Resources Management: Are Obligations Related to Information Exchange Still Needed? Christina Leb Abstract Keywords Introduction Part 1: Data and Information Needs for Transboundary Water Management Part 2: Help from Elsewhere: Technology Innovations and Enabling International Legal Framework Part 3: Data and Information Exchange Obligations Part 4: Perspectives: New Technologies and Their Likely Impact on International Water Law Conclusion Acknowledgements Author Biography Bibliography
£71.44
Brill The Lives of Extraction: Identities, Communities and the Politics of Place
Book SynopsisThe frontiers of extraction are expanding rapidly, driven by a growing demand for minerals and metals that is often motivated by sustainability considerations. Two volumes of International Development Policy are dedicated to the paradoxes and futures of green extractivism, with analyses of experiences from five continents. In this, the first of these two volumes, 16 authors offer a critical and nuanced understanding of the social, cultural and political dimensions of extraction. The experiences of communities, indigenous peoples and workers in extractive contexts are deeply shaped by narratives, imaginaries and the complexity of social contexts. These dimensions are crucial to making extraction possible and to sustaining its expansion, but also to identifying possibilities for resistance, and to paving the way for alternative, post-extractive economies. This volume is accompanied by IDP 16, The Afterlives of Extraction: Alternatives and Sustainable Futures.Table of ContentsPreface List of Figures List of Abbreviations Notes on Contributors 1 Introduction: Global Lives of Extraction Filipe Calvão, Matthew Archer and Asanda Benya Part 1 Community, Labout and Social Life 2 Migrants and the Politics of Presence on the South African Platinum Mining Belt Melusi Nkomo 3 Chromite Mining Cooperatives, Tribute Mining Contracts, and Rural Livelihoods in Zimbabwe, 1985–2021 Joseph Mujere 4 ‘Le fléau de la soude caustique’: Bauxite Refining, Social Reproduction, and the Role of Women’s Promotion Groups Luisa Lupo 5 Time for an Outcome Evaluation? The Experience of Indigenous Communities with Mining Benefit Sharing Agreements Liz Wall and Fiona Haslam McKenzie Part 2 Scales of Space and Time 6 Struggles over Resource Decentralisation: Legislative Reform, Corporate Resistance and Canadian Aid Partnerships in Burkina Faso Diana Ayeh 7 The Promise of Gold: Gold and Governance in China’s Borderlands, Then and Now Eveline Bingaman 8 Spaces of Extraction in Europe: the Corporate–State–Mining Complex and Resistance in Greece and Romania Konstantinos (Kostas) Petrakos 9 Muddled Times: Temporality and Gold Mining in Colombia and Venezuela Jesse Jonkman and Eva van Roekel Part 3 Extractive Frontiers: Narratives and Discourses 10 Exploration, Storytelling and Frontier-Making in the Colombian Andes Anneloes Hoff 11 (Im)mobility Economies: Extractivism of the Refugee as a Human Commodity Julia C. Morris 12 Anti-extractive Rumouring in the Russian North-East Sardana Nikolaeva Index
£77.60
Brill The Afterlives of Extraction: Alternatives and Sustainable Futures
Book SynopsisThe frontiers of extraction are expanding rapidly, driven by a growing demand for minerals and metals that is often motivated by sustainability considerations. Two volumes of International Development Policy are dedicated to the paradoxes and futures of green extractivism, with analyses of experiences from five continents. In this, the second of the two volumes, the 22 authors, using different conceptual approaches and in different empirical contexts, demonstrate the alarming obduracy of the logic of extractivism, even - and perhaps especially - in the growing support for the so-called green transition. The authors highlight the complex and enduring legacies of resource extraction and the urgent need to move beyond extractive models of development towards alternative pathways that prioritise social justice, environmental sustainability, democratic governance and the well-being of both humans and non-humans. They also caution us against the assumption that anti-extraction is anti-extractivist, that post-extraction is post-extractivism, and they critically attune us to the systemic nature of extractivism in ways that both connect and transcend any particular site or scale. This volume accompanies IDP 15, The Lives of Extraction: Identities, Communities, and the Politics of Place.Table of ContentsPreface List of Figures and Tables Abbreviations Notes on Contributors 1 Introduction: Global Afterlives of Extraction Filipe Calvão, Asanda Benya and Matthew Archer Part 1 Post-extractivism: Debates and Practices 2 Expanding Extractivisms: Extractivisms as Modes of Extraction Sustaining Imperial Modes of Living Erik Post 3 The Structures of Conquest: Debating Extractivism(s), Infrastructures and Environmental Justice for Advancing Post-development Pathways Alexander Dunlap 4 Logics of Extraction and of the Valorisation of Culture: the Role of Post-extraction Investment in the Creation of Inequality in China Ryan Parsons 5 Regulating Mine Rehabilitation and Closure on Indigenous Held Lands: Insights from the Regulated Resource States of Australia and Canada Emille Boulot and Ben Collins Part 2 Resilience, Contestation and Resistance 6 Aluminium in Suriname (1898–2020): an Industry Came and Went, But Its Impacts on the Maroon Communities Remain Simon Lobach 7 Contesting Extraction: Challenges for Coalition Building between Agrarian and Anti-mining Movements Louisa Prause 8 ‘We Are Nature Defending Itself’: the Forest of Dannenrod Occupation as an Example of Contested Extractivism in the Global North Dorothea Hamilton and Sina Trölenberg 9 National Resources, Resistance, and the Afterlives of the New International Economic Order in Bangladesh Paul Robert Gilbert Part 3 ‘Green’ Extractivism and Its Discontents 10 The ‘Alterlives’ of Green Extractivism: Lithium Mining and Exhausted Ecologies in the Atacama Desert James J. A. Blair, Ramón M. Balcázar, Javiera Barandiarán and Amanda Maxwell 11 Green Masquerade: Neo-liberalism, Extractive Renewable Energy Transitions, and the ‘Good’ Anthropocene in South Africa Michelle Pressend 12 Electric Vehicle Paradise? Exploring the Value Chains of Green Extractivism Devyn Remme, Siddharth Sareen, Håvard Haarstad and Kjetil Rommetveit Index
£77.60
Brill The Responsibility to Protect and Counter-terrorism: Contradictions and Congruences
Book SynopsisThe Responsibility to Protect and Counter-Terrorism both ‘came of age’ at the turn of the millennium, as the international community was grappling with the challenges emerging from the end of the Cold War. R2P embraced the value of the individual, while counter-terrorism emphasized the importance of the state. Each appeared to represent a distinct way of understanding security. However, as these two concepts have evolved through contestation, application, and reform, surprising points of conflict and congruence have emerged which open up new ways of understanding what it means to protect both civilians and the state. This collection of essays was first published in the journal Global Responsibility to Protect (vols. 14 and 15, 2022 and 2023).Table of ContentsAcknowledgements Notes on Contributors Introduction: The Responsibility to Protect and Counter-terrorism Shannon Zimmerman 1 r2p and Counter-terrorism: Where Sovereignties Collide Shannon Zimmerman 2 The Responsibility to Protect from Terror: The Ethics of Foreign Counter-terrorist Interventions Isaac Taylor 3 ‘Are All Humans Human? Or Are Some More Human than Others?’ R2P, Terrorism, and the Protection of Civilians Sascha Nanlohy 4 Counter-terrorism, the Responsibility to Protect, and the Protection of Civilians: Exploring Norm Clusters in the Case of Mali Adrian Gallagher, Blake Lawrinson and Charles T. Hunt 5 Civilian Protection: Integrating Community Self-Protection with the Responsibility to Protect and the UN Global Counter-terrorism Strategy Wisdom Oghosa Iyekekpolo 6 Terrorism and Pillar Two Protection Assistance: The Yazidis on Mount Sinjar Josie Hornung Index
£90.40
Edinburgh University Press Rethinking Humanitarian Intervention in the 21st
Book SynopsisSince the Cold War, humanitarian interventions have transitioned through a range of stages. These 12 essays focus on the challenges associated with interventions, conflict and attendant human rights violations, unmitigated and systematic violence, state re-building, and issues associated with human mobility and dislocation.
£90.25
Edinburgh University Press Rethinking Humanitarian Intervention in the 21st
Book SynopsisThese insightful essays focus on the challenges associated with interventions when facing conflict and human rights violations, unmitigated systematic violence, state re-building, human mobility and dislocation. Case studies including Kosovo, Timor-Leste, Syria, Libya and Iraq.
£27.54
Brill State Succession to International Responsibility
Book Synopsis
£149.25
Edward Elgar Publishing Ltd The International Law of State Responsibility: An
Book SynopsisThis highly readable book examines the law of State responsibility, presenting it as a fundamental aspect of public international law. Covering the key aspects of the topic, it combines a clear overview with use of specific case studies in order to provide a deeper understanding. The concise chapters are organized into two parts. Part One provides a structural overview of the law, with up-to-date coverage of practice and case law reflecting the key international law reports. Part Two offers specific case studies, asking probing questions in order to explore how the international legal order deals with breaches of its norms and what rights and faculties are accorded to the aggrieved State. With an approach that is legally analytical yet also practical, this accessible book will provide valuable insights to both scholars and practitioners of international law. Its clear structure and guidance on the latest practice and case law will also make it an ideal choice for students.Trade Review'Professor Kolb has an outstanding ability for combining his exceptional knowledge ''across the board'' of the various areas of international law with an ability to explain them accessibly, whilst including a great level of analytical rigor and judgment. This work, based on detailed reference to the primary and secondary literature on this complex and cross-cutting area of international law, is a first-rate addition to the literature for students, practitioners, and academics alike. It is wholeheartedly recommended for all.' --Robert Cryer, University of Birmingham, UKTable of ContentsContents: 1. Concept and History 2. Internationally Wrongful Act 3. Attribution 4. Circumstances Precluding Wrongfulness 5. Legal Effects of Responsibility 6. Issues of Collective and Ancillary Responsibility 7. Conclusion Index
£100.00
Edward Elgar Publishing Ltd A Duty to Prevent Genocide: Due Diligence
Book SynopsisThe permanent five (P5) members of the United Nations Security Council ? China, France, Russia, the UK, and the USA - have a firm duty to prevent genocide in light of the due diligence standard under conventional, customary, and peremptory international law. This perceptive book explores the positive obligations of these states to act both within and without the Security Council context to prevent or suppress imminent or on-going genocide.John Heieck successfully argues why the duty to prevent genocide is not only a customary, but also an absolute norm of international law, and analyses the scope of the due diligence standard regarding the duty to prevent genocide. In doing so, he considers the ramifications of this on the actions of the P5 members of the Security Council, both within and outside of this eminent body. Significantly, Heieck proposes a legal test for identifying jus cogens norms, and explores the effect of these on the actions and omissions of specifically identified members of the United Nations (UN).Topical and insightful, A Duty to Prevent Genocide will be an important read for both academics and students of international law and politics who wish to further understand the legal nature of the duty of the P5 members to prevent genocide. It will also provide valuable insights for policymakers of the P5 member states.Trade Review'This is a closely argued and well-written book, which combines a firm grasp of controversial issues in international law, with a genuine and enthusiastic originality. Heieck's focus is the duty to prevent genocide. He asks the question how this duty affects the bedrock principle of the current international order - the prohibition of the use of force. Highly recommended for students and scholars of international law.' --Bill Bowring, University of London, UK'John Heieck wades into one of the murkiest and most politically fraught issues of our time - what the duty to prevent genocide requires of states, particularly the members of the P5 - and does so with aplomb. Future scholarship on genocide will ignore this brave and intelligent book at its peril.' --Kevin Jon Heller, University of Amsterdam, the NetherlandsTable of ContentsContents: Introduction 1. The P5’s Duty to Prevent Genocide under the Genocide Convention 2. The P5’s Duty to Prevent Genocide under Customary International Law 3. The Conflict between the P5’s Duty to Prevent Genocide and the P5’s Rights and Duties under Conventional and Customary International Law 4. Resolving the Conflict between the P5’s Duty to Prevent Genocide and the P5’s Rights and Duties under Conventional and Customary Law Conclusion Bibliography Index
£99.00
Edward Elgar Publishing Ltd Research Handbook on Post-Conflict State Building
Book SynopsisAs a conflict ends and the parties begin working towards a durable peace, practitioners and peacebuilders are faced with the possibilities and challenges of building new or reformed political, security, judicial, social, and economic structures. This Handbook analyzes these elements of post-conflict state building through the lens of international law, which provides a framework through which the authors contextualize and examine the many facets of state building in relation to the legal norms, processes, and procedures that guide such efforts across the globe. The volume aims to provide not only an introduction to and explanation of prominent topics in state building, but also a perceptive analysis that augments ongoing conversations among researchers, lawyers, and advocates engaged in the field. The Research Handbook on Post-Conflict State Building provides keen insights for faculty, graduate and undergraduate students in programs related to peace and conflict, governance, and international justice and law. Practitioners such as United Nations staff, government officials, international institution and think tanks engaged in post-conflict state building will glean important lessons and guidance from the Handbook's chapters. Contributors include: T. Beckelman, S.-T. Bounfour, M.J. Day, M. de Hoon, Y.M. Dutton, R. Friedrich, C.M. Goebel, S.L. Hodgkinson, D.E.W. Johnson, R. Kraemer, C.D. Kreutzner, J.C. Levy, A.C. Mann, B. McGonigle Leyh, N. Narayan, S. Pearlman, F.J. Pecci, R.M. Perito, D.J. Planty, B. Popken, M. Sterio, J. Trahan, G. Visoka, P.R. Williams, J.P. WorboysTrade Review‘. . . this is an excellent collection. . . . The Handbook consists of an introduction and 24 substantive chapters. One strength is the breadth of coverage in those chapters. This book is well-suited for the practitioner or policymaking community, as it lays out the key considerations for those planning and implementing actions for post-conflict societies. What might be less obvious is the utility that the chapters and the book as a whole might have for instruction. These seem almost perfect for a professional masters’ level courses on conflict management and post-conflict reconstruction. Individual chapters might also be used in specialized courses at the same level or for undergraduates. The chapters are clearly organized and written in an accessible fashion for a broad audience.’ -- Paul Diehl, International PeacekeepingTable of ContentsContents: Preface Introduction: The Various Facets of Statebuilding Paul R. Williams and Milena Sterio Part I: Political Infrastructure 1. Post-Conflict Constitution-Making Darin E.W. Johnson 2. Electoral Law and Electoral Reform Jonathan P. Worboys 3. Vetting the Public Sector Betsy Popken Part II: Social Infrastructure 4. Social Cohesion and Inclusivity Milena Sterio and Jessica C. Levy 5. Civil Society Margaux J. Day and Christopher D. Kreutzner 6. Free and Independent Media Paul R. Williams and Sophie Pearlman Part III: Security Infrastructure 7. Disarmament, Demobilization, and Reintegration Christopher M. Goebel and Jessica C. Levy 8. Security Sector Reform Robert M. Perito Part IV: Legacies of the Conflict 9. Transitional Justice Marieke de Hoon 10. Refugees and Internally Displaced Persons Yvonne M. Dutton 11. Property Disputes and Restitution Sandra L. Hodgkinson 12. Reparations for Victims Brianne McGonigle Leyh Part V: Rule of Law 13. Judicial Reform and Rebuilding Jennifer Trahan 14. Human Rights Milena Sterio 15. Minority Protections Nikhil Narayan Part VI: Development 16. Humanitarian Action Elisabeth Dallas and Tyler Beckelman 17. Re-establishing and Reforming the Economy Sârra-Tilila Bounfour 18. Fiscal Arrangements Margaux J. Day Part VII: Case Studies 19. Guatemala: An Unfulfilled Promise Donald J. Planty 20. Brčko: Exemplar or Outlier? Andrew C. Mann 21. Kosovo: A Hybrid Negative Peace Gëzim Visoka 22. Afghanistan: Missteps in Reconstruction Richard Kraemer 23. Iraq: Seeking Stability after Saddam Darin E.W. Johnson 24. Libya: Unforeseen Complexities Roland Friedrich and Francesca Jannotti Pecci Index
£220.00
Edward Elgar Publishing Ltd The International Law of State Responsibility: An
Book SynopsisThis highly readable book examines the law of State responsibility, presenting it as a fundamental aspect of public international law. Covering the key aspects of the topic, it combines a clear overview with use of specific case studies in order to provide a deeper understanding. The concise chapters are organized into two parts. Part One provides a structural overview of the law, with up-to-date coverage of practice and case law reflecting the key international law reports. Part Two offers specific case studies, asking probing questions in order to explore how the international legal order deals with breaches of its norms and what rights and faculties are accorded to the aggrieved State. With an approach that is legally analytical yet also practical, this accessible book will provide valuable insights to both scholars and practitioners of international law. Its clear structure and guidance on the latest practice and case law will also make it an ideal choice for students.Trade Review'Professor Kolb has an outstanding ability for combining his exceptional knowledge ''across the board'' of the various areas of international law with an ability to explain them accessibly, whilst including a great level of analytical rigor and judgment. This work, based on detailed reference to the primary and secondary literature on this complex and cross-cutting area of international law, is a first-rate addition to the literature for students, practitioners, and academics alike. It is wholeheartedly recommended for all.' --Robert Cryer, University of Birmingham, UKTable of ContentsContents: 1. Concept and History 2. Internationally Wrongful Act 3. Attribution 4. Circumstances Precluding Wrongfulness 5. Legal Effects of Responsibility 6. Issues of Collective and Ancillary Responsibility 7. Conclusion Index
£29.95
Edward Elgar Publishing Ltd State Responsibility and New Trends in the
Book SynopsisContracts with private military and security companies are a reality of modern conflicts. This discerning book provides nuanced insights into the international legal implications of these contracts, and establishes an in-depth understanding of the impacts for contracting states, home states and territorial states under the current state responsibility regime. Focussing on the Articles on State Responsibility (ASR) the author considers under which conditions states are, or should be, responsible for the acts of private contractors given new trends towards remote warfare involving drones and increasingly autonomous weapon systems. Rigorous academic research and case studies, combined with insights from numerous interviews with practitioners, serve to highlight the challenges to applying the ASR. These challenges range from the relativity of key concepts of attribution to the issue of when reliance on private contractors becomes a violation of the principle of distinction under International Humanitarian Law and also illustrate where the current state responsibility regime needs to be modified to adequately address evolutions in warfare. This astute and incisive book will prove a key resource for legal scholars and theorists with an interest in public international law, IHL and IHRL. Government officials, practitioners and think tanks engaged in compliance matters and new trends in warfare will also benefit from this work's pragmatic approach.Trade Review'An important analysis on the rise of private military forces and the frontier of international law. Until states take their duty seriously the market for force will continue to grow, allowing the super-rich to become superpowers.' --Sean McFate, The Atlantic Council, National Defense University and Georgetown University, USTable of ContentsContents: 1. Introduction to Private Security Providers and State Responsibility 2. New Trends in Warfare and their Regulation 3. The Articles on State Responsibility 4. Breach of an International Legal Obligation 5. Rules of Attribution 6. State Responsibility for Lack of Due Diligence 7. State Responsibility for the Act of Outsourcing 8. Case Studies 9. Final Remarks and Conclusions Index
£104.00
Edward Elgar Publishing Ltd Handbook of Genocide Studies
Book SynopsisProviding an intellectual biography of the challenging concept of genocide from inception to present day, this topical Handbook takes an interdisciplinary approach to shed new light on the events, processes, and legacies in the field.Reaching beyond the traditional study of canonical genocides and related pathologies of behaviour, this Handbook strives to spell out the multiple dimensions of genocide studies as an academic realm. In doing so, it incorporates a vast range of methods and disciplines, including historiography, archival research, listening to testimony, philosophical inquiry, film studies, and art criticism. Contributors address a broad array of episodes, including genocides of indigenous populations in the Americas and Africa, the Armenian genocide, the Holocaust, twentieth-century genocides in Indonesia, Cambodia, Rwanda, Bosnia, and twenty-first-century genocides in Iraq, Myanmar, and China. By developing a cross-disciplinary framework, this Handbook showcases the diversity that comprises the field and creates a rich understanding of the origin, effects, and legacy of genocide.With a wide variety of perspectives, this Handbook will prove an invigorating read for students and scholars of international and human rights, public policy, and political geography and geopolitics, particularly those interested in genocide studies and the UN Genocide Convention.Trade Review‘Reflecting the multi-disciplinary nature of genocide studies, this is an advanced Handbook of Genocide Studies, which engages with challenges in the field of genocide studies by examining how particular genocides and aspects of the genocide process impact the study of genocide. Taking the reader through key concepts, such as the birth of the term “genocide”, specific genocides, particular aspects of genocide, and important practical aspects of genocide such as genocide prevention, this is a valuable text for students and scholars of any discipline seeking to explore how we research this challenging field of study.’ -- Melanie O’Brien, University of Western Australia and International Association of Genocide ScholarsTable of ContentsContents: Introduction to the Handbook of Genocide Studies 1 David J. Simon PART I THE BIRTH OF A CONCEPT 1 The history of Raphaël Lemkin and the UN Genocide Convention 7 Douglas Irvin-Erickson PART II GENOCIDE STUDIES: HISTORY AND IDEAS 2 Genocide of Indigenous peoples in North America 28 David MacDonald 3 Destroying to replace: reflections on motive forces behind civilian-driven violence in settler genocides of Indigenous peoples 42 Mohamed Adhikari 4 The historiography of the Armenian genocide 54 Suren Manukyan 5 Holocaust research and genocide studies: facing the problem of integration 72 Charlotte Kiechel PART III GENOCIDE STUDIES AND INTERNATIONAL RELATIONS 6 The interpretation and (non-)application of the Genocide Convention during the Cold War 85 Anton Weiss-Wendt 7 Mass murder and genocide in Indonesia and Cambodia, 1965–79: Cold War, state, and region 95 Ben Kiernan 8 The impact of genocide in Rwanda and Bosnia on genocide policy and genocide studies 106 David J. Simon PART IV GENOCIDE STUDIES AS SOCIAL SCIENCE 9 State strategies to implement (and hide) genocide in China and Myanmar since 2017 123 Magnus Fiskesjö 10 Genocide prevention: perspectives from psychological and social economic choice models 142 Charles H. Anderton 11 The potential of – and problems with – perpetrator research 158 Christian Gudehus 12 Making choices: the roles of rescuers in Rwanda and Bosnia 172 Leora Kahn 13 Trauma, grief, and bereavement after genocide: the Rwandan case 181 Amélie Faucheux 14 Religion and genocide studies 198 Kate E. Temoney 15 Gender and sexual violence in genocide 214 Anna Di Lellio PART V GENOCIDE STUDIES IN THE ARTS AND HUMANITES 16 Reframing the moment of first contact: lessons from the cinematic genre of science fiction 227 Daniel Conway 17 Music and genocide 238 Stéphanie Khoury 18 A network of witnesses: photography and genocide 249 Paul Lowe 19 Historical burden: art after genocide 263 Elmedin Žunić 20 Museums and the memory of genocide 277 Amy Sodaro PART VI GENOCIDE IN DISCOURSE 21 Questionable practices in genocide discourse 290 Aleksandar Jokic Index
£175.00
Edward Elgar Publishing Ltd Conceptualizing Femicide as a Human Rights
Book SynopsisThis thought-provoking book conceptualizes femicide as a multifaceted human rights violation and proposes state responsibility for group-related risks of violence against women and girls. In doing so, it reassesses the concept of femicide, analysing it in view of the crime of genocide, crimes against humanity, war crimes, as well as several facets of human rights.Angela Hefti challenges the common definition of femicide, extending it beyond the killing of women due to their gender to include elements of victim blame, sexual abuse, forced marriage and delayed investigations by authorities. Chapters address femicide in the context of the African, Inter-American and European regional and universal human rights systems. Case studies from Iraq, Nigeria and Mexico provide a fundamental understanding of the multidimensional and worldwide nature of femicide. Spanning several key academic debates, the book incorporates underlying feminist legal theory and approaches pertaining to the subordination of women and girls in society, arguing that femicide should qualify as an autonomous human rights violation.Providing an impetus for further research on femicide, particularly on state responsibility for crimes committed by private actors, this book will be a crucial resource for academics in human rights and humanitarian law, criminal law and justice. The book will also be highly valuable to activists, practitioners, and lawyers with an interest in advancing aspects of femicide in international human rights law.Table of ContentsContents: 1. Introduction to the concept of femicide PART I FEMICIDE AND INTERNATIONAL CRIMINAL LAW 2. Femicide and (the laws of) war 3. Femicide and crimes against humanity 4. Femicide: Genocide by another name CONCLUSION TO PART I PART II FEMICIDE AND HUMAN RIGHTS LAW 5. Femicide, the UN system and CEDAW 6. Femicide and the European human rights system 7. Femicide and the inter-American human rights system 8. Femicide and the African human rights system CONCLUSION TO PART II PART III A HUMAN RIGHTS CONCEPT OF FEMICIDE AND STATE RESPONSIBILITY 9. Conceptualizing femicide as a human rights violation 10. No more impunity: Femicide and state responsibility 11. Conclusion to Conceptualiziing Femicide as a Human Rights Violation Index
£122.40
Taylor & Francis Ltd International Law and Muslim States
a huge range and FREE tracked UK delivery on ALL orders.
£128.25
Taylor & Francis Ltd State Responsibility in International Law
a huge range and FREE tracked UK delivery on ALL orders.
£275.50
Cambridge University Press Consenting to International Law
a huge range and FREE tracked UK delivery on ALL orders.
£99.75
