Humanitarian Intervention and the AU-ECOWAS Intervention Treaties Under International Law PDF Download

Author: John-Mark Iyi
Publisher: Springer
ISBN: 3319236245
Category : Law
Languages : en
Pages : 337

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Book Description
The book reconciles the conflicts and legal ambiguities between African Union and ECOWAS law on the use of force on the one hand, and the UN Charter and international law on the other hand. In view of questions relating to African Union and UN relationship in the maintenance of international peace and security in Africa in recent years, the book examines the legal issues involved and how they can be resolved. By explaining the legal theory underpinning the validity of the AU-ECOWAS laws, the work provides a legal basis for the adoption of the AU-ECOWAS laws as the frameworks for the implementation of the R2P in Africa.

Author: Olivier Corten
Publisher: Bloomsbury Publishing
ISBN: 1509949003
Category : Law
Languages : en
Pages : 790

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Book Description
Praise for previous edition: “...a comprehensive, meticulously-researched study of contemporary international law governing the use of armed force in international relations...' Andrew Garwood-Gowers, Queensland University of Technology Law Review, Volume 12(2) When this first English language edition of The Law Against War published it quickly established itself as a classic. Detailed, analytically rigorous and comprehensive, it provided an indispensable guide to the legal framework regulating the use of force. Now a decade on the much anticipated new edition brings the work up to date. It looks at new precedents arising from the Arab Spring; the struggle against the "Islamic State" in Iraq and Syria; and the conflicts in Ukraine and Yemen. It also reflects the new doctrinal debates surrounding recent state practice. Previous positions are reconsidered and in some cases revised, notably the question of consensual intervention and the very definition of force, particularly, to accommodate targeted extrajudicial executions and cyber-operations. Finally, the new edition provides detailed coverage of the concept of self-defense, reflecting recent interpretations of the International Court of Justice and the ongoing controversies surrounding its definition and interpretation.

Author: International Commission on Intervention and State Sovereignty
Publisher: IDRC
ISBN: 9780889369634
Category : Law
Languages : en
Pages : 432

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Book Description
Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty

Author: Seyfullah Hasar
Publisher: BRILL
ISBN: 9004510451
Category : Law
Languages : en
Pages : 403

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Book Description
Examining the legality of foreign military intervention in internal conflicts with the consent of the government, this book analyses a to-the-point account of post-Cold War State practice with more than 45 incidents of such interventions on a scale neglected in current scholarship.

Author: Saeed Bagheri
Publisher: Bloomsbury Publishing
ISBN: 1509950524
Category : Law
Languages : en
Pages : 217

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Book Description
Armed non-state actors (ANSAs) often have economic aims that international law needs to respond to. This book looks at the aim of Islamic State to create an effective government, with an economically independent regime, which focused on key oilfields in Syria and Iraq. Having addressed Islamic State's quest for energy resources in Iraq and Syria, the book explores the lawfulness of the war with Islamic State from a variety of legal aspects. It has been attempted to make inroads into the most controversial aspects of contradictions in the application of jus ad bellum and jus in bello, particularly when discussing the use of extraterritorial armed force against ANSAs, and the obligation to protect civilian objects, including the natural environment. The question is whether the targeting of energy resources should be regarded as a violation of the laws of armed conflict, even though the war with Islamic State being classified as a non-international armed conflict. Ambitious in scope, the study argues that legal theory and state practice are still problematic as to how and under what conditions states can justify resorting to military force in foreign territory, and to what extent they can target natural resources as being part of state property. Furthermore, it goes on to examine the differences between international and non-international armed conflicts, to establish whether there is any difference in the targeting of energy resources as part of the war-sustaining capabilities of either party. Through an examination of the Islamic State case, the book offers a comprehensive study to close the gaps in jus in bello by contextualising the questions of civilian protection, victimisation and state responsibility by evaluating the US's war-sustaining theory as a justification for the destruction of a territorial state's natural resources that are occupied by ANSAs.

Author: John-Mark Iyi
Publisher: Springer
ISBN: 3319749579
Category : Law
Languages : en
Pages : 429

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Book Description
This book focuses on Boko Haram and terrorism in Nigeria, framing the conflict in an international law context. It analyses the nature of political violence and the dominant roles of a violent nation-state (in both colonial and post-colonial experiences) and the rise of terrorism in Nigeria. The book unearths embedded evidence of religious nepotism on the part of state officials using such state institutions as Islamic Preaching Boards to promote one Islamic sect over another in mainly Muslim Northern Nigeria. The book offers insights into this subtle sectarian divide and how this and other ‘subterranean’ elements have contributed to the rise of Boko Haram in Northern Nigeria beyond the dominant poverty-terrorism nexus narrative. Furthermore, the book analyses the various components of Boko Haram’s radical ideology, situates them in Islamic Jurisprudence, and examines the philosophy of the group (both in doctrine and practice) – their interpretation of the Koran and the waging of Jihad, and the extent to which they conform to the Islamic Sect Boko Haram claims to follow. The book then examines the basic doctrinal features and characteristics of Boko Haram – waging Jihad, prohibiting revealing dresses for women and mixing of genders, rejecting western values and institutions, denouncing scientific inquiry and democracy, hostage taking, sexual exploitation of captives and other aspects of jus ad bellum and jus in bello in Islamic jurisprudence and international law. Finally, the book analyses the plight of vulnerable groups such as internally displaced persons, the atrocities committed against women and girls in the Boko Haram insurgency and the (in)ability of international law to enforce the protections offered to the victims. From the perspective of critical intellectual inquiry, the book also challenges a number of fundamental assumptions and encourages us to revisit our legal characterisation of certain concepts such as “gender-based crimes”. It then goes further to analyse some legal grey areas in the Boko Haram insurgency such as the legal status of the Civilian Joint Task Force (CJTF) and the legal framework for holding members accountable for violations of international human rights and humanitarian law. Overall, the book represents a valuable contribution to scholarship, deepens our understanding and delineates how international law could respond to the Boko Haram insurgency in Nigeria in particular and terrorism in Africa in general.

Author: Cecilia M. Bailliet
Publisher: Edward Elgar Publishing
ISBN: 180392375X
Category : Law
Languages : en
Pages : 473

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Book Description
This comprehensive and insightful Research Handbook addresses the interpretation of international solidarity within topical legal regimes and regional systems, as well as in relation to decolonization and the concepts of Ummah and Ubuntu. It examines the way in which international solidarity enables the global community to respond to intercontinental challenges, including climate change, forced migration, health emergencies, and inequality.

Author: Dire Tladi
Publisher: BRILL
ISBN: 9004464123
Category : Law
Languages : en
Pages : 806

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Book Description
Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions is a collection of contributions on various aspects of jus cogens in international law.

Author: Anzanilufuno Munyai
Publisher: Cambridge Scholars Publishing
ISBN: 1527545466
Category : Law
Languages : en
Pages : 256

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Book Description
This book adopts a holistic approach to identifying what could be done to surmount the corruption conundrum in the African continent. It acknowledges the objective reality of corruption in Africa, and identifies primary solutions to the issue. The volume takes a socio-legal approach in order to reveal the nature and extent of corruption, and suggests that solutions can be found simply by interrogating how society reacts to it. In conjunction with this, the book identifies and critiques constraints in the formation of a definitive definition of corruption. As shown here, although it is critical for African states to develop anti-corruption strategies, the solution to the problem requires an understanding of the significance of political will, and how the lack thereof has led to the endurance of corruption in Africa.

Author: Bruce Cronin
Publisher: Oxford University Press
ISBN: 019769330X
Category : Law
Languages : en
Pages : 225

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Book Description
"The introductory chapter outlines the issues raised in the subsequent five chapters. It argues that current theories regarding the sources of international law lack a foundation for explaining how states can be required to assume legal obligations that transcend state consent. In making this case, the chapter critiques attempts to expand the concept of customary international law to include certain types of legal norms that form over a short period of time without necessarily reflecting widespread, consistent state practice. Rather, it provides an overview of current theories on the sources of international law and examines how international law is directly connected to the four variables that characterize the structure of the international system: the nature of the constitutive units; the organizing principles of the system; the density of interaction among the units; and the scope and depth of institutionalization within the system"--