The Rule of Law in Crisis and Conflict Grey Zones

Author: Michael John-Hopkins
Publisher: Routledge
ISBN: 9781351996730
Release Date: 2016-12-01
Genre: Law

This book responds to ongoing calls for clarification and consensus regarding the meaning, scope and interplay of humanitarian law and human rights law in the ‘grey zones’ of unconventional operational environments such as counterterrorism and counterinsurgency operations. It contributes to the debate in this area by developing objective criteria for determining where the shift from the legal framework of law enforcement to that of non-international armed conflict occurs in relation to targeting law and weaponry law; by developing improved objective criteria for determining what constitutes direct participation in hostilities and de facto membership in an organised armed group; by taking stock of how existing targeting and weaponry rules are being applied to unconventional conflicts within civilian populated areas by key state players as well as by international and regional human rights mechanisms; by arguing for the progressive realisation of targeting and weaponry law so that they are more fitting for operational environments that are increasingly urbanised and civilianised; by seeking to understand how global networked connectivity may affect our understanding of the operational theatre of war and the geographical reach of the legal framework of non-international armed conflict.

The Future Security Environment in the Middle East

Author: Nora Bensahel
Publisher: Rand Corporation
ISBN: 9780833036193
Release Date: 2004-03-12
Genre: Political Science

This report identifies several important trends that are shaping regional security. It examines traditional security concerns, such as energy security and the proliferation of weapons of mass destruction, as well as newer challenges posed by political reform, economic reform, civil-military relations, leadership change, and the information revolution. The report concludes by identifying the implications of these trends for U.S. foreign policy.

Kenya Justice Sector and the Rule of Law

Author: PK Mbote
Publisher: African Minds
ISBN: 9781920489182
Release Date: 2011
Genre: Justice, Administration of

The premise of this report is based on Kenya's policy blueprint, Vision 2030, which places rule of law at the center of its goals. It was commenced at the same time as the nation was recuperating from the post-election poll, which resulted in many Kenyans expressing disappointment at the nation's democratic institutions. The study, produced by AfriMAP and the Open Society Initiative for Eastern Africa, examines and makes recommendations for the following topics: justice sector and rule of law; legal and institutional framework; government track record in respect to rule of law; management of the justice system; independence of the bench and bar; criminal justice; access to justice; and the role of donor agencies.

The Oxford Handbook of the Use of Force in International Law

Author: Marc Weller
Publisher: Oxford University Press
ISBN: 9780199673049
Release Date: 2015
Genre: Law

This Oxford Handbook provides an authoritative and comprehensive analysis of one of the most controversial areas of international law. Over seventy contributors assess the current state of the international law prohibiting the use of force, assessing its development and analysing the many recent controversies that have arisen in this field.

From War to the Rule of Law

Author: J. J. C. Voorhoeve
Publisher: Amsterdam University Press
ISBN: 9789053568675
Release Date: 2007
Genre: Political Science

As recent events in Iraq demonstrate, countries that have suffered civil war or rule by military regime can face a long, difficult transition to peaceful democracy. Drawing on the experiences of Bosnia, Haiti, Rwanda and Afghanistan, this outstanding volume demonstrates that newly emerging democracies need more than emergency economic support: restoring the rule of law can involve the training of a new police force, for example, or the creation of an international war crimes tribunal. Concluding with specific recommendations for the UN and EU members, Voorhoeve reminds us that disregard for human rights or delay in civilian reconciliation can lead to resurgences of violence.

Management in Complex Environments

Author: Brian Ganson
Publisher: International Council of Swedish Industry
ISBN: 9163739917
Release Date: 2013-10-25
Genre: Business & Economics

Companies operating in complex environments require a rigorous understanding of the economic, political, social and conflict dynamics of which they become part. Such insight helps them navigate substantial risks and challenges, grow their business even in unexpected places, work more effectively with local, national and international actors, and make meaningful contributions to stability and development. This book combines expert analysis, company case stories, and reflections from more than 100 business leaders. Drawing on a vast repository of knowledge and experience, it poses essential questions to better understand a particular complex environment and lead the company within it. It concretely demonstrates how leaders can help their companies meet their full range of goals - technical, financial, legal, reputation and social - by addressing the questions set out in this book. It is an invaluable resource for corporate practitioners and others concerned with company operations in complex environments. The book is the result of an intense and fruitful collaboration among the Africa Centre for Dispute Settlement, University of Stellenbosch Business School; the Corporate Engagement and Reflecting on Peace Practice Programs of CDA; the Geneva Peacebuilding Platform; the Institute for Business in the Global Context of The Fletcher School, Tufts University; the IRENE Institute of ESSEC Business School; the International Council of Swedish Industry; and the Stockholm Policy Group. Authors include Dost Bardouille-Crema, Diana Chigas, Brian Ganson, Kathleen Hamill, Paul Hollesen, Benjamin Miller, Cecile Renouard, Nicklas Svensson, and Achim Wennmann.

Climate Change as a Security Risk

Author: Hans Joachim Schellnhuber
Publisher: Earthscan
ISBN: 9781849775939
Release Date: 2010-09-23
Genre: Law

Without resolute counteraction, climate change will overstretch many societies' adaptive capacities within the coming decades. This could result in destabilization and violence, jeopardizing national and international security to a new degree. However, climate change could also unite the international community. This is provided that we recognize climate change as a threat to humankind and so set the course for adopting a dynamic and globally coordinated climate policy. If we fail to do so, climate change will draw ever-deeper lines of division and conflict in international relations, triggering numerous conflicts between and within countries over the distribution of resources - especially water and land, and over the management of migration, or over compensation payments between the countries mainly responsible for climate change and those countries most affected by its destructive effects. With Climate Change as a Security Risk, WBGU has compiled a flagship report on an issue that quite rightly is rising rapidly up the international political agenda. The authors pull no punches on the likelihood of increasing tensions and conflicts in a climatically constrained world and spotlight places where possible conflicts may flare up in the 21st century unless climate change is checked. The report makes it clear that climate policy is preventative security policy.

The Use of Force in UN Peace Operations

Author: Trevor Findlay
Publisher: Oxford University Press on Demand
ISBN: 0198292821
Release Date: 2002
Genre: Law

One of the most vexing issues that has faced the international community since the end of the Cold War has been the use of force by the United Nations peacekeeping forces. UN intervention in civil wars, as in Somalia, Bosnia and Herzegovina, and Rwanda, has thrown into stark relief the difficulty of peacekeepers operating in situations where consent to their presence and activities is fragile or incomplete and where there is little peace to keep. Complex questions arise in these circumstances. When and how should peacekeepers use force to protect themselves, to protect their mission, or, most troublingly, to ensure compliance by recalcitrant parties with peace accords? Is a peace enforcement role for peacekeepers possible or is this simply war by another name? Is there a grey zone between peacekeeping and peace enforcement? Trevor Findlay reveals the history of the use of force by UN peacekeepers from Sinai in the 1950s to Haiti in the 1990s. He untangles the arguments about the use of force in peace operations and sets these within the broader context of military doctrine and practice. Drawing on these insights the author examines proposals for future conduct of UN operations, including the formulation of UN peacekeeping doctrine and the establishment of a UN rapid reaction force.

Conflicts over Natural Resources in the Global South

Author: Maarten Bavinck
Publisher: CRC Press
ISBN: 9781315778464
Release Date: 2014-01-15
Genre: Nature

Inhabitants of poor, rural areas in the Global South heavily depend on natural resources in their immediate vicinity. Conflicts over and exploitation of these resources – whether it is water, fish, wood fuel, minerals, or land – severely affect their livelihoods. The contributors to this volume leave behind the polarised debate, previously surrounding the relationship between natural resources and conflict, preferring a more nuanced approach that allows for multiple causes at various levels. The contributions cover a wide array of resources, geographical contexts (Africa, Asia and Latin America), and conflict dynamics. Most are of a comparative nature, exploring experiences of conflict as well as cooperation in multiple regions. This volume finds its origin in an innovative research programme with the acronym CoCooN, steered by The Netherlands Organisation for Scientific Research (NWO/WOTRO) and involving universities and civil society partners in many countries. It presents the conceptual approaches adhered to by each of seven interdisciplinary projects, ranging from green criminology and political ecology to institutional analysis, legal pluralism and identity politics. The volume will be of interest to academics and practitioners concerned with an understanding of conflict as well as cooperation over natural resources.

Training Manual on International Environmental Law

Author: Lal Kurukulasuriya
Publisher: UNEP/Earthprint
ISBN: 9280725548
Release Date: 2006
Genre: Political Science

Offers an overview of the body of environmental law. This report is intended for legal stakeholders from various backgrounds including government representatives, judges, university professors and students to enable them to more effectively participate in the global, regional and national efforts to preserve the Earth for future generations.

Global Governance and the New Wars

Author: Mark Duffield
Publisher: Zed Books Ltd.
ISBN: 9781780329826
Release Date: 2014-02-13
Genre: Political Science

In this hugely influential book, originally published in 2001 but just as - if not more - relevant today, Mark Duffield shows how war has become an integral component of development discourse. Aid agencies have become increasingly involved in humanitarian assistance, conflict resolution and the social reconstruction of war-torn societies. Duffield explores the consequences of this growing merger of development and security, unravelling the nature of the new wars and the response of the international community, in particular the new systems of global governance that are emerging as a result. An essential work for anyone studying, interested in, or working in development or international security.

Holocaust Genocide and the Law

Author: Michael Bazyler
Publisher: Oxford University Press
ISBN: 9780199749164
Release Date: 2016-10-25
Genre: History

A great deal of contemporary law has a direct connection to the Holocaust. That connection, however, is seldom acknowledged in legal texts and has never been the subject of a full-length scholarly work. This book examines the background of the Holocaust and genocide through the prism of the law; the criminal and civil prosecution of the Nazis and their collaborators for Holocaust-era crimes; and contemporary attempts to criminally prosecute perpetrators for the crime of genocide. It provides the history of the Holocaust as a legal event, and sets out how genocide has become known as the "crime of crimes" under both international law and in popular discourse. It goes on to discuss specific post-Holocaust legal topics, and examines the Holocaust as a catalyst for post-Holocaust international justice. Together, this collection of subjects establishes a new legal discipline, which the author Michael Bazyler labels "Post-Holocaust Law."

The Power of Process

Author: Devika Hovell
Publisher: Oxford University Press
ISBN: 9780191027451
Release Date: 2016-01-21
Genre: Law

The UN Security Council's transition to 'targeted sanctions' in the 1990s marked a revolutionary shift in the locus of the Council's decision-making from states to individuals. The establishment of the targeted sanctions regime, should be regarded as more than a shift in policy and invites attention to an emerging tier of international governance. This book examines the need to develop a due process framework having regard to the uniquely political and crisis-based context in which the Security Council operates. Drawing on Anglo-American jurisprudence, this book develops procedural principles for the international institutional context using a value-based approach as an alternative to the formalistic approach taken in the literature to date. In doing so, it is recognized that due process is more than a set of discrete legal standards, but is a touchstone for the way the international legal order conceives of far larger questions about community, law and values.

International Organisations

Author: Peter Viggo Jakobsen
Publisher: Royal Danish Defence College
ISBN: 9788771470383
Release Date:
Genre: Political Science

International organisations are playing an increasingly important role in settling disputes. Progress in conflict management shows that more disputes than ever are being settled by negotiation and not on the battlefield. Therefore, there needs to be an increased focus on the ‘tool boxes’ of international organisations in the peace and security realm. However, at the same time the complexity of contemporary conflicts and conflict management is posing great challenges for the structures, resources and roles of most international organisations. This books deals with seven of these international organisations: the United Nations (UN), the European Union (EU), the North Atlantic Treaty Organisation (NATO), the African Union (AU), the Organisation for Security and Co-operation in Europe (OSCE), the Shanghai Cooperation Organisation (SCO) and the Collective Security Treaty Organisation (CSTO). This wide range of international organisations operate in different regions of the world and have different histories, legal foundations, security partners and resources for conflict management – all elements dealt with in this book. It is our hope that the book will provide readers with a deeper understanding of these international organisations, their establishment, how they have evolved and the tools of conflict management they use.