Suchergebnisse

International Law and the Cold War is the first book dedicated to examining the relationship between the Cold War and International Law. The authors adopt a variety of creative approaches - in relation to events and fields such as nuclear war, environmental protection, the Suez crisis and the Lumumba assassination - in order to demonstrate the many ways in which international law acted upon the Cold War and in turn show how contemporary international law is an inheritance of the Cold War. Their innovative research traces the connections between the Cold War and contemporary legal constructions of the nation-state, the environment, the third world, and the refugee; and between law, technology, science, history, literature, art, and politics.

Preliminary Material /Matthew Craven , Malgosia Fitzmaurice and Maria Vogiatzi -- Introduction: International Law and Its Histories /Matt Craven -- International Law and Its History: the Story of an Unrequited Love /Randall Lesaffer -- Foreign Office International Legal History /David J. Bederman -- English Approaches to International Law in the Nineteenth Century /Michael Lobban -- A Case Study on Jurisprudence as a Source of International Law: Oppenheims Influence /Amanda Perreau-Saussine -- Time, History, and Sources of Law Peremptory Norms: Is There a Need for New Sources of International Law? /Hazel Fox -- Reluctant Grundnormen: Articles 31(3)(C) and 42 of the Vienna Convention on the Law of Treaties and the Fragmentation of International Law /Jan Klabbers -- The Time of Conclusion and the Time of Application of Treaties as Points of Reference in the Interpretative Process /Don Greig -- Piracy and the Origins of Enmity /Gerry Simpson -- Distance and Contemporaneity in Exploring the Practice of States: the British Archives in Relation to the 1957 Oman and Muscat Incident /Anthony Carty -- Index /Matthew Craven , Malgosia Fitzmaurice and Maria Vogiatzi.

War in the full sense, according to
international law, can exist only by declaration
or recognition of belligerency by a state. War in
the material sense of an actual contest of armed
forces may and does often exist without such
declaration or recognition. However desirous a
party using armed force within a state and in
opposition to it may be to be regarded as a
belligerent, such a party has not the legal
capacity to raise itself to a belligerent status.
This status can be gained only by action of the
parent state or of a foreign state. An armed
contest may, nevertheless, exist and of this fact
others must often take notice.

Analyzing the nature of complicity in international criminal law, this book provides an account of the growing attention international law pays to complicity. Exploring the responsibilities of individuals, states, and non-state actors in their obligations, the changing status of complicity in international law is demonstrated.

AbstractThis article clarifies the ongoing confusion in doctrine and practice about both the actual and optimal interaction between international counterterrorism law (CTL) and international humanitarian law (IHL) in armed conflict. It discusses the advantages and disadvantages of the co-application of CTL with IHL, before considering a variety of techniques for mutually accommodating the interests of both regimes, particularly through partial exclusion clauses in counterterrorism instruments or laws. It concludes by identifying the optimal approach to the relationship between CTL and IHL, which recognizes the legitimate interests of both fields of law while minimizing the adverse impacts of each on the other.