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Author: Hitoshi Nasu Publisher: ISBN: 9781959631002 Category : Languages : en Pages : 0
Book Description
The concept of security has evolved to reflect contemporary public concerns in a wide range of areas and geographical contexts. The modern discourse of security continues to expand as subjective perceptions of reality change or social conditions and practices evolve. However, the dynamic nature of the political construct of security has the potential to undermine the norms and rules of international law. The rigidity of legal instruments as the means of regulating international relations militates against their flexible adaptation in response to the conceptual evolution of security. The twisted relationship between security and law challenges the fundamental premise of international law that it is capable of providing objective, justifiable solutions to normative problems through the application of legal rules, independent of political considerations and natural morality. This book explores how the concept of security interacts with the rigid framework of international law to test the hypothesis that the system of public order among states is regulated under the rule of law. If international law is meant to govern international relations as a system of law, the rule of law demands that the development and application of legal instruments does not contravene certain fundamental, universal principles as the basis for their legal validity. The quest for the rule of law in international relations must begin by identifying such principles, through a systematic analysis of the practice of international adjudication, as general criteria for delineating the legally valid recourse to the concept of security within the framework of international law.
Author: Hitoshi Nasu Publisher: ISBN: 9781959631002 Category : Languages : en Pages : 0
Book Description
The concept of security has evolved to reflect contemporary public concerns in a wide range of areas and geographical contexts. The modern discourse of security continues to expand as subjective perceptions of reality change or social conditions and practices evolve. However, the dynamic nature of the political construct of security has the potential to undermine the norms and rules of international law. The rigidity of legal instruments as the means of regulating international relations militates against their flexible adaptation in response to the conceptual evolution of security. The twisted relationship between security and law challenges the fundamental premise of international law that it is capable of providing objective, justifiable solutions to normative problems through the application of legal rules, independent of political considerations and natural morality. This book explores how the concept of security interacts with the rigid framework of international law to test the hypothesis that the system of public order among states is regulated under the rule of law. If international law is meant to govern international relations as a system of law, the rule of law demands that the development and application of legal instruments does not contravene certain fundamental, universal principles as the basis for their legal validity. The quest for the rule of law in international relations must begin by identifying such principles, through a systematic analysis of the practice of international adjudication, as general criteria for delineating the legally valid recourse to the concept of security within the framework of international law.
Author: Jonas Ebbesson Publisher: Hotei Publishing ISBN: 9004274588 Category : Law Languages : en Pages : 372
Book Description
In International Law and Changing Perceptions of Security the contributors debate how changing concepts and conceptions of security have affected fields such as the use of force, law of the sea, human rights, international environmental law and international humanitarian law.
Author: Bertrand G. Ramcharan Publisher: BRILL ISBN: 9004303146 Category : Law Languages : en Pages : 300
Book Description
This book is a study of the future of international law as well as the future of the United Nations. It is the first study ever bringing together the laws, policies and practices of the UN for the protection of the earth, the oceans, outer space, human rights, victims of armed conflicts and of humanitarian emergencies, the poor, the vulnerable and the disadvantaged world-wide. It reviews unprecedented dangers and challenges facing humanity such as climate change and weapons of mass destruction, and argues that the international law of the future must become an international law of security and of protection. It submits that the concept of international security in the UN Charter can no longer be restricted to situations of armed conflict but must be given its natural meaning: whatever threatens the security of humanity. It calls for the Security Council to perform its role as the guardian of the security of humankind and sees a leadership role for the UN Secretary-General in analysing and presenting challenges of international security and protection to the Security Council for its attention.
Author: Mary E Footer Publisher: Bloomsbury Publishing ISBN: 1782255893 Category : Law Languages : en Pages : 389
Book Description
Of the many challenges that society faces today, possibly none is more acute than the security of ordinary citizens when faced with a variety of natural or man-made disasters arising from climate and geological catastrophes, including the depletion of natural resources, environmental degradation, food shortages, terrorism, breaches of personal security and human security, or even the global economic crisis. States continue to be faced with a range of security issues arising from contested territorial spaces, military and maritime security and security threats relating to energy, infrastructure and the delivery of essential services. The theme of the book encompasses issues of human, political, military, socio-economic, environmental and energy security and raises two main questions. To what extent can international law address the types of natural and man-made security risks and challenges that threaten our livelihood, or very existence, in the twenty-first century? Where does international law fall short in meeting the problems that arise in different situations of insecurity and how should such shortcomings be addressed?
Author: Hans Kelsen Publisher: The Lawbook Exchange, Ltd. ISBN: 1584771445 Category : International law Languages : en Pages : 284
Book Description
Washington, D.C.: United States Government Printing Office, 1957. vi, 275 pp. Reprinted 2001, 2011. The noted jurist Hans Kelsen advances his theory that collective security is "...an essential function of law, national as well as international, and that, therefore, there exists an intrinsic connection between international security and international law; in other terms, that collective security of the state is, just as collective security of the individual within the state, by its very nature a legal problem." Foreword p. ii. "Professor Kelsen's high standing as a scholar is sufficient to commend in advance any volume that comes from his pen. But in this case he has chosen a subject that will at once challenge attention. The main function of the volume, in the words of the author, 'is to show that collective security is an essential function of law,' that it is 'by its very nature a legal problem.' A generation ago there were many in high places to contest the thesis. Today the bitter lesson of two world wars has established the principle for practical purposes, in spite of the difficulty of putting it into practice. But the legal aspects of the thesis remain to be clarified, and this is what Professor Kelsen does with all his power of legal analysis and systematic presentation. (...) [We] must be grateful for what we are given, an acute analysis of a fundamental principle, the applications of which we can make from our own knowledge of recent history." --C. G. Fenwick, American Journal of International Law 52 (1958) 811.
Author: Chair of International Law and Security Robin Geiß Publisher: Oxford University Press, USA ISBN: 019882727X Category : Law Languages : en Pages : 1197
Book Description
On a global scale, the central tool for responding to complex security challenges is public international law. This handbook provides a comprehensive and systematic overview of the relationship between international law and global security.
Author: Robin Geiß Publisher: Oxford University Press ISBN: 0192562185 Category : Law Languages : en Pages : 1200
Book Description
Understanding the global security environment and delivering the necessary governance responses is a central challenge of the 21st century. On a global scale, the central regulatory tool for such responses is public international law. But what is the state, role, and relevance of public international law in today's complex and highly dynamic global security environment? Which concepts of security are anchored in international law? How is the global security environment shaping international law, and how is international law in turn influencing other normative frameworks? The Oxford Handbook of the International Law of Global Security provides a ground-breaking overview of the relationship between international law and global security. It constitutes a comprehensive and systematic mapping of the various sub-fields of international law dealing with global security challenges, and offers authoritative guidance on key trends and debates around the relationship between public international law and global security governance. This Handbook highlights the central role of public international law in an effective global security architecture and, in doing so, addresses some of the most pressing legal and policy challenges of our time. The Handbook features original contributions by leading scholars and practitioners from a wide range of professional and disciplinary backgrounds, reflecting the fluidity of the concept of global security and the diversity of scholarship in this area.
Author: Thomas J. Biersteker Publisher: Routledge ISBN: 1134145772 Category : History Languages : en Pages : 380
Book Description
This unique volume examines the opportunities for, and initiates work in, interdisciplinary research between the fields of international law and international relations; disciplines that have engaged little with one another since the Second World War. Written by leading experts in the fields of international law and international relations, it argues that such interdisciplinary research is central to the creation of a knowledge base among IR scholars and lawyers for the effective analysis and governance of macro and micro phenomena. International law is at the heart of international relations, but due to challenges of codification and enforceability, its apparent impact has been predominantly limited to commercial and civil arrangements. International lawyers have been saying for years that 'law matters' in international affairs and now current events are proving them right. International Law and International Relations makes a powerful contribution to the theory and practice of global security by initiating a research agenda, building an empirical base and offering a multidisciplinary approach that provides concrete answers to real-world problems of governance. This book will be of great interest to all students of international law, international relations and governance.
Author: Nicholas Tsagourias Publisher: Cambridge University Press ISBN: 1107653703 Category : Law Languages : en Pages : 519
Book Description
This analysis of collective security covers its institutional, operational and legal parameters along with the United Nations system, presenting it as a global public order institution for maintaining peace. The authors study its constitutional premises as they are shaped by the forces of law and politics. After an historical account of initiatives and projects for global peace, the authors explain the morphology of collective security as a global public order institution and outline its triggers, institutions, actors, components and tools. They go on to analyse its legal properties and the processes of political, legal and criminal accountability. The analysis and assessment are informed throughout by practice drawn from examples including Korea, Iraq and Libya, and by a wealth of cases from national and international jurisdictions.
Author: Hitoshi Nasu
Author: Hitoshi Nasu
Author: Jonas Ebbesson
Author: Bertrand G. Ramcharan
Author: Mary E Footer
Author: Hans Kelsen
Author: Chair of International Law and Security Robin Geiß
Author: Robin Geiß
Author: Thomas J. Biersteker
Author: Christine Chinkin
Author: Nicholas Tsagourias