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This book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another - the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter exception is of increasing importance, the numerous questions it raises have received scant attention in the current body of literature. This volume fills this gap by analyzing the consent-exception in a wide context, and attempting to delineate its limits, including cases in which government consent power is not only negated, but might be transferred to opposition groups. The book also discusses the concept of consensual intervention in contemporary international law, in juxtaposition to traditional legal doctrines. It traces the development of law in this context by drawing from historical examples such as the Spanish Civil War, as well as recent cases such those of the Democratic Republic of the Congo, Somalia, Libya, and Syria. This book will be of much interest to students of international law, civil wars, the Responsibility to Protect, war and conflict studies, and IR in general.
Originally published: Baltimore: Johns Hopkins Press, [1971]
This fifth edition of Malcolm Shaw's bestselling textbook on international law provides a clear, authoritative and comprehensive introduction to the subject, fully revised and updated to Spring 2003. Basically preserving the structure which made the previous edition so successful, a new chapter on Inter-state Courts and Tribunals considers the role of the International Court of Justice and the International Tribunal on the Law of the Sea, and there is a new chapter on international humanitarian law. Also examined are arbitration tribunals and the role of international institutions such as the WTO in resolving conflicts. The prosecution of individuals for violations of international law is examined. Additional coverage of events in Kosovo and Iraq analyses the questions of humanitarian intervention and the role of the UN. Written in a clear and accessible style, setting the subject firmly in the context of world politics and the economic and cultural influences affecting it, this book remains a highly readable and invaluable resource for students and practitioners alike. The scope of the text makes this essential reading for students of international law, international relations and the political sciences. The book is also valuable to professionals and governmental and international civil servants.
This volume collects the most important papers of Antonio Cassese, one of the pre-eminent figures in international criminal justice. The papers offer the definitive statement of Cassese's thought, and a unique insight into some of the key developments in modern international law.
First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.
Exploring the history and theories of political thought of international relations in the seventeenth century, this volume addresses one of the great paradoxes of post-medieval Europe: why instead of bringing peace to a disorganised and violent world, modernity instead produced a seemingly endless string of conflicts and social upheavals?Bringing together political scientists, philosophers, historians of political thought, jurists and scholars of international relations, the collection offers a sophisticated and fresh account of the interactions of law, conflict and the nation state in an early-modern European context
Unique in its breadth of coverage, this carefully designed collection presents the key documents of international law at the global level.The collection encompasses the full spectrum of central issues, with the documents grouped in eight subject areas: foundations, the use of force, arms control, international crime, human rights, humanitarian law, the environment, and the global commons. A short introduction to each document provides context and also points to supplementary documents. With only a few exceptions, each document is presented in its entirety.Other useful features include a glossary of terms; a chronological list of the treaties in the book, indicating the date the treaty was signed, the date it entered into force, the number of parties to the treaty, and other data; and a complete index.Shirley V. Scott is senior lecturer in international relations at the University of New South Wales. She is author of International Law in World Politics: An Introduction.Contents: Introduction. The Foundations of International Law. 1945, Charter of the United Nations. 1945, Statute of the International Court of Justice. 1961, Vienna Convention on Diplomatic Relations. 1969, Vienna Convention on the Law of Treaties. International Law and the Use of Force. 1842, The Caroline Case (excerpt). 1990, Authorizing the Gulf War: Security Council Resolution 678. 1991, The ?Cease-Fire Resolution?: Security Council Resolution 687. 1996, ICJ Advisory Opinion on the Legality of Nuclear Weapons (excerpt). 2001, Self-Defence and Afghanistan: Security Council Resolution 1368. 2002, US National Security Strategy (Excerpt). 2002, Resolution Preceding the 2003 Invasion of Iraq: Security Council Resolution 1441. 2002, UK Explanation of Its vote on Security Council Resolution 1441. Arms Control. 1968, Treaty on the Non-Proliferation of Nuclear Weapons. 1972, Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems (Anti-Ballistic Missile Treaty). 1972, Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (Biological Weapons Convention). 1993, Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction (Chemical Weapons Convention). 1996, Comprehensive Nuclear Test-Ban Treaty. 1997, Convention on the Prohibition of the Use, Stockpiling, Production, and Transfer of Anti-Personnel Mines and Their Destruction (Land Mines, or Ottawa, Convention). 2002, Treaty on Strategic Offensive Reductions. 2004, The Non-Transfer of WMD to Non-State Actors: Security Council Resolution 1540. International Criminal Law. 1948, Convention on the Prevention and Punishment of the Crime of Genocide. 1984, Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. 1997, International Convention for the Suppression of Terrorist Bombings. 1998, The Rome Statute of the International Criminal Court. 1999, International Convention for the Suppression of the Financing of Terrorism. 2001, Establishing the Counter-Terrorism Committee: Security Council Resolution 1373. International Human Rights Law. 1948, Universal Declaration of Human Rights. 1951, Convention Relating to the Status of Refugees. 1967, Protocol Relating to the Status of Refugees. 1965, International Convention on the Elimination of all Forms of Racial Discrimination. 1966, International Covenant on Civil and Political Rights. 1966, Optional Protocol to the International Covenant on Civil and Political Rights. 1990, Second Optional Protocol to the International Covenant on Civil and Political Rights. 1966, International Covenant on Economic, Social, and Cultural Rights. 1979, Convention on the Elimination of All Forms of Discrimination Against Women. 1989, Convention on the Rights of the Child. International Humanitarian Law. 1949, Geneva Convention Relative to the Treatment of Prisoners of War (Third Geneva Convention). 1949, Geneva Convention Relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention). 1977, Protocol Additional to the Geneva Conventions of 12 August 1949 and Relating to the Protection of Victims of International Armed Conflicts. 1977, Protocol Additional to the Geneva Conventions of 12 August 1949 and Relating to the Protection of Victims of Non-International Armed Conflicts. International Law and the Environment. 1989, Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. 1991, United Nations Framework Convention on Climate Change. 1997, Kyoto Protocol to the United Nations Framework Convention on Climate Change. 1992, Convention on Biological Diversity. 2002, Cartagena Protocol on Biosafety. 2001, Stockholm Convention on Persistent Organic Pollutants. The Global Commons. 1959, The Antarctic Treaty. 1967, Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies. 1982, Third United Nations Convention on the Law of the Sea. 1994, Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982. Appendixes. Glossary. Chronology of Treaties, with Status. Index.

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