International Law, Security and Ethics


Book Description

This book examines the different ways in which the laws governing the use of force and the conduct of warfare have become subject to intense scrutiny and contestation since the initiation of the war on terror. Since the end of the Cold War, the nature of security challenges has changed radically and this change has been recognised by the UN, governments and academics around the world. The 911 attacks and the subsequent launch of the 'war on terror' added a new dimension to this debate on the nature and utility of international law due to the demands from some quarters for a change in the laws governing self-defence and humanitarian intervention. This book analyses the nature of these debates and focuses on key issues that have led to the unprecedented contemporary questioning of both the utility and composition of international law on the use of force as well as the practicability of using force, including handling of ‘prisoners’ and ‘security risks’. It also identifies the sources of division and addresses the capacities of security policy and international law to adapt to the changed international environment. This book will of much interest to students of international law, war and conflict studies, and IR and Security Studies in general.




Ethics and Global Security


Book Description

This book will be the first systematic examination of the role that ethics plays in international security in both theory and practice, and offers the reader a concrete ethics for global security. Questions of morality and ethics have long been central to global security, from the death camps, world wars and H-bombs of the 20th century, to the humanitarian missions, tsunamis, terrorism and refugees of the 21st. This book goes beyond the Just War tradition to demonstrate how ethical commitments influence security theory, policy and international law, across a range of pressing global challenges. The book highlights how, from patrolling a territorial border to maintaining armed forces, security practices have important ethical implications, by excluding some from consideration, presenting others as potential threats and exposing them to harm, and licensing particular actions. While many scholars and practitioners of security claim little interest in ethics, ethics clearly has an interest in them. This innovative book extends the traditional agenda of war and peace to consider the ethics of force short of war such as sanctions, deterrence, terrorism, targeted killing, and torture, and the ethical implications of new security concerns such as identity, gender, humanitarianism, the responsibility to protect, and the global ecology. It advances a concrete ethics for an era of global threats, and makes a case for a cosmopolitan approach to the theory and practice of security that could inspire a more just, stable and inclusive global order. This book fills an important gap in the literature and will be of much interest to students of ethics, security studies and international relations.




Legal and Ethical Challenges of Artificial Intelligence from an International Law Perspective


Book Description

This book focuses on the legal regulation, mainly from an international law perspective, of autonomous artificial intelligence systems, of their creations, as well as of the interaction of human and artificial intelligence. It examines critical questions regarding both the ontology of autonomous AI systems and the legal implications: what constitutes an autonomous AI system and what are its unique characteristics? How do they interact with humans? What would be the implications of combined artificial and human intelligence? It also explores potentially the most important questions: what are the implications of these developments for collective security –from both a state-centered and a human perspective, as well as for legal systems? Why is international law better positioned to make such determinations and to create a universal framework for this new type of legal personality? How can the matrix of obligations and rights of this new legal personality be construed and what would be the repercussions for the international community? In order to address these questions, the book discusses cognitive aspects embedded in the framework of law, offering insights based on both de lege lata and de lege ferenda perspectives.




International Rule of Law and Professional Ethics


Book Description

This book examines an interesting and relatively understudied area of the evolution of the international rule of law and the role of professional ethics. The rule of law has been gradually developed and promoted at the national level over centuries, however at the international level it has only recently received (more in rhetoric than in implementation) support from a macro perspective - developments of international rules and institutions, and from a micro perspective - ethical codes, independence and un-bias of professionals, working in international organizations and tribunals. The book offers analysis and recommends policies to strengthen the rule of law at international level to meet a major global governance demand in ensuring equity, justice, stability and consistency in international affairs.




The Oxford Handbook of the International Law of Global Security


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.




The Thin Justice of International Law


Book Description

Offering a new interdisciplinary approach to global justice and integrating the insights of international relations and contemporary ethics, this book asks whether the core norms of international law are just by appraising them according to a standard of global justice grounded in the advancement of peace and protection of human rights.




The Ethics of Cybersecurity


Book Description

This open access book provides the first comprehensive collection of papers that provide an integrative view on cybersecurity. It discusses theories, problems and solutions on the relevant ethical issues involved. This work is sorely needed in a world where cybersecurity has become indispensable to protect trust and confidence in the digital infrastructure whilst respecting fundamental values like equality, fairness, freedom, or privacy. The book has a strong practical focus as it includes case studies outlining ethical issues in cybersecurity and presenting guidelines and other measures to tackle those issues. It is thus not only relevant for academics but also for practitioners in cybersecurity such as providers of security software, governmental CERTs or Chief Security Officers in companies.




Code of Peace


Book Description

Is it possible, in our world of differing beliefs and diverse cultures, to find an ethical framework that can guide actual international relations? In Code of Peace, Dorothy V. Jones sets forth her surprising answer to this perplexing question: Not only is a consensus on ethical principles possible, but it has already been achieved. Jones focuses on the progressive development of international law to disclose an underlying code of ethics that enjoys broad support in the world community. Unlike studies that concentrate on what others think that states ought to do, Code of Peace analyzes what states themselves consider proper behavior. Using history as both narrative and argument, Jones shows how the existing ethical code has evolved cumulatively since World War I from a complex interplay between theory and practice. More than an abstract treatise or a merely technical analysis, Jones's study is grounded in the circumstances of war and peace in this century. Treaties and agreements, she argues, are forging a consensus on such principles as human rights, self-determination, and cooperation between states. Jones shows how leaders and representatives of nations, drawing on a rich heritage of philosophical thoughts as well as on their own experiences in a violent world of self-interested conflict, have shaped their thought to the taming of that world in the cause of peace. That is the striking thing about this code: states whose relations are marked by so frequent a recourse to war that they can fairly be called "warlords" have created and pledged themselves to a code of peace. The implications of Code of Peace for establishing a normative foundation for peace are profound. Historically sound and timely, impeccably researched and elegantly written, the book will be of immediate and lasting value to anyone concerned with the stability of the modern world.




Terrorism as a Challenge for National and International Law: Security versus Liberty?


Book Description

The events of 11 September 2001 have led to significant developments in international law with respect to combating terrorism by military and non-military action. The volume addresses the issues raised in a comprehensive manner. It comprises country-reports with analyses of the developments in a number of selected countries. Based on these country-reports the volume traces new developments in the definition of international terrorism, deals with the issue of human rights protection under new anti-terrorist legislation and examines the recent developments towards international military action against terrorism.




Sovereignty and the New Executive Authority


Book Description

The idea of sovereignty and the debates that surround it are not merely of historical, academic, or legal interest: they are also potent, vibrant issues and as current and relevant as today's front page news in the United States and in other Western democracies. In the post- 9/11 United States, the growth of the national security state has resulted in a growing struggle to maintain the legal and ethical boundaries surrounding executive authority, boundaries that help to define and protect democratic governance. These post-9/11 developments and their effect on the scope of presidential power present hard questions and are fueling today's intense debates among political leaders, citizens, constitutional scholars, historians, and philosophers. This volume will contribute to the public conversation on the nature of executive authority and its relation to the broader topic of sovereignty in several ways. First, readers will learn that the current vital questions surrounding the nature of executive authority and presidential power have their intellectual roots in historical and philosophical writings about the nature of sovereignty. Second, sovereignty has historically been a complicated topic; this volume helps identify the terms of the debate. Third, and most critically, citizens' understanding of the concept of sovereignty is essential to grasping the available options for confronting current challenges to the rule of law in democratic societies. The volume's 15 essays, drawn from among the disciplines of law, political, science, philosophy, and international relations, covers an expansive series of topics, from historical theories and international affairs, to governmental transparency and legitimacy. The volume also focuses on the changes in the concept of sovereignty post-9/11 in the United States and their impact on democracy and the rule of law, particularly in the area of national security practice.