Proportionality in International Law

Author: Michael A. Newton

Publisher: Oxford University Press, USA

ISBN:

Category: Law

Page: 339

View: 411

Proportionality is intimately linked to the overarching concepts of self-defense, lawful force, and the controlled application of violence. It is one of the most visible facets of humanitarian law designed to reduce unnecessary human suffering and avoid excessive damage to property, and the natural environment. However, its application has come under renewed scrutiny and sustained controversy as a result of wars against non-state actors and from the extensive use of drones, human shields, cyber war techniques, and counterinsurgency tactics. Proportionality in International Law critically assesses the law of proportionality in normative terms combining abstract philosophical and legal analysis with highly emotive contemporary combat cases. The principle of proportionality permits actions that are logically linked to the intended goal, and thus defines the permissible boundaries for the initiation and conduct of modern wars. The case studies discussed in this book are predominantly from the perspective of those who make decisions in the midst of armed conflict, bringing analytic rigor to the debates as well as sensitivity to facts on the ground. The authors analyze modern usages of proportionality across a wide range of contexts enabling a more complete comprehension of the values that it preserves. This book contrasts the applications of proportionality in both jus ad bellum (the law and morality of resort to force) and within jus in bello (the doctrines applicable for using force in the midst of conflicts). Proportionality in International Law provides the reader with a unique interdisciplinary approach, offering practitioners and policymakers alike greater clarity over how proportionality should be understood in theory and in practice.

Necessity, Proportionality and the Use of Force by States

Author: Judith Gardam

Publisher: Cambridge University Press

ISBN:

Category: Law

Page:

View: 233

There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.

The Principle of Proportionality in the Laws of Europe

Author: Evelyn Ellis

Publisher: Hart Publishing

ISBN:

Category: Law

Page: 187

View: 613

This book of essays, the product of a conference held at the University of Birmingham in the spring of 1998, contains contributions from a group of extremely distinguished scholars in the fields of both public and private law. The meaning of proportionality is examined in a number of different contexts, including those of EC law, the domestic law of the member states of the EU, and the law of the European Convention on Human Rights.

Public Policy in International Economic Law

The ICESCR in Trade, Finance, and Investment

Author: Diane Desierto

Publisher: OUP Oxford

ISBN:

Category: Law

Page: 432

View: 896

States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.

The Oxford Handbook of International Law in Armed Conflict

Author: Andrew Clapham

Publisher: Oxford University Press

ISBN:

Category: History

Page: 909

View: 625

Written by a team of distinguished and internationally renowned experts, this Oxford Handbook gives an analytical overview of international law as it applies in armed conflicts. The Handbook draws on international humanitarian law, human rights law, and the law of neutrality to provide a comprehensive picture of the status of law in war.

Legal Principles in WTO Disputes

Author: Andrew D. Mitchell

Publisher: Cambridge University Press

ISBN:

Category: Law

Page:

View: 195

Principles play a crucial role in any dispute settlement system, and the World Trade Organization (WTO) is no exception. However, WTO Panels and the Appellate Body have been too timid in using principles, sometimes avoiding their use when appropriate and at other times using them without fully acknowledging that they are doing so. Perhaps more worryingly, these bodies often fail to delve deeply enough into principles. They tend to overlook key questions such as the legal basis for using a given principle, whether the principle is being used in an interpretative manner or as applicable law and the meaning of the principle in public international law. This book establishes a framework for addressing these questions. The use of such a framework should allay fears and misconceptions about the use of principles and ensure that they are used in a justifiable manner, improving the quality of dispute settlement in the WTO.

History of International Law · Foundations and Principles of International Law · Sources of International Law · Law of Treaties

Published under the Auspices of the Max Planck Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt

Author: Yong Zhou

Publisher: Elsevier

ISBN:

Category: Law

Page: 572

View: 526

History of International Law · Foundations and Principles of International Law · Sources of International Law · Law of Treaties

The Gulf War 1990-91 in International and English Law

Author: Peter Rowe

Publisher: Routledge

ISBN:

Category: Political Science

Page: 480

View: 954

There is no doubt that international law was of major importance during the Gulf conflict of 1990-91. Military and other actions were repeatedly justified through reference to international law, and disputes about interpretation were frequent. This book provides a definitive legal analysis of the conflict, with reference both to international and to English law. Some have been tempted to argue that international law is an ineffective means of controlling the activities of a state and its armed forces from the fact that there were no war crimes trials of the leaders of Iraq, or of any other state. International law does, however, provide a set of norms either (a) agreed to by individual states through the ratification of, or accession to, a treaty, or (b) which apply to all states by the operation of customary international law and other secondary sources. This book determines these norms in order to judge the manner in which individual states recognized the binding nature of them in the conduct of their operations. The contributors include lawyers from each of the three British armed services.

Israeli Constitutional Law in the Making

Author: Gideon Sapir

Publisher: Bloomsbury Publishing

ISBN:

Category: Law

Page: 578

View: 854

In the domain of comparative constitutionalism, Israeli constitutional law is a fascinating case study constituted of many dilemmas. It is moving from the old British tradition of an unwritten constitution and no judicial review of legislation to fully-fledged constitutionalism endorsing judicial review and based on the text of a series of basic laws. At the same time, it is struggling with major questions of identity, in the context of Israel's constitutional vision of 'a Jewish and Democratic' state. Israeli Constitutional Law in the Making offers a comprehensive study of Israeli constitutional law in a systematic manner that moves from constitution-making to specific areas of contestation including state/religion relations, national security, social rights, as well as structural questions of judicial review. It features contributions by leading scholars of Israeli constitutional law, with comparative comments by leading scholars of constitutional law from Europe and the United States.