Vattel's International Law from a XXIst Century Perspective / Le Droit International de Vattel vu du XXIe Siècle


Book Description

No other scholar has so deeply influenced the development of international law or shaped the doctrinal debates as Vattel. More than 250 years after its publication, his Law of Nations has remained the most frequently quoted treatise of international law. Vattel's International Law from a XXIst Century Perspective explores the reasons behind the extraordinary authority of Vattel and analyses its continuing relevance for thinking and understanding contemporary international law. It gathers the contributions from well-known experts of international law and history for the purpose of evaluating the Law of Nations from a XXIst century perspective. The multiple facets of Vattel’s thinking are apprehended through a wide-ranging and comprehensive analysis respectively devoted to the international system, the sources of international law, the subjects of international law, the law of peace, and the law of war.





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The Oxford Handbook of the Use of Force in International Law


Book Description

The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition ofThe prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.




Conflictualités Contemporaines


Book Description

Comment penser la puissance africaine et les enjeux de la transition hgmonique globale au 21e sicle ? Telle est la question thmatique centrale de cet ouvrage qui se veut un cahier de recherche doctrinale en polmologie et en irnologie endognes, dans un contexte o la mondialisation des enjeux scuritaires signifie pour lAfrique, un reclassement gostratgique du continent o le maintien de la paix et la rsolution des conflits sont devenus un terrain daffirmation de puissance. Analytique et oprationnelle, cette publication est le fruit de nombreuses expriences de terrain, de missions denseignements, de travaux ditoriaux, de publications scientifiques et de confrences internationales.




Interactions between Regional and Universal Organizations


Book Description

Cooperation through international organizations is fundamental to the international legal order. International organizations are nowadays ubiquitous and come in many different manifestations, each allowing for different levels of international cooperation. The profile of regional and universal organizations may vary greatly from one organization to another. At the same time, they do not live apart and this has led to the creation of a complex network of relationships. These relationships have seldom been the object of scholarship, and this book seeks to address that gap. In general, the relationships between international organizations can give rise to such issues as the conditions placed upon one organization by another, demarcations of competence, membership of other organizations, and various forms of collaboration involving the conclusion of agreements between organizations. Optimal coexistence, cooperation and coherence all play a role in optimizing the relations between international organizations. The volume concludes by analysing current challenges, including those of legal identity, responsibility and accountability, as well as making proposals for reform, such as through the development of a common law between organizations.




Select Proceedings of the European Society of International Law


Book Description

This is the fourth in the Series of Select Proceedings of the European Society of International Law (ESIL) featuring the most important and interesting papers presented at the Fifth Biennial Conference on 'Regionalism and International Law', organised by ESIL and the University of Valencia in 2012. As usual, the best papers from that conference have been re-written, edited and drawn together by the two editors to present a perspective on what is a flourishing forum for the discussion of new ideas and scholarship on international law.




Cyber Operations and the Use of Force in International Law


Book Description

The internet has changed the rules of many industries, and war is no exception. But can a computer virus be classed as an act of war? Does a Denial of Service attack count as an armed attack? And does a state have a right to self-defence when cyber attacked? With the range and sophistication of cyber attacks against states showing a dramatic increase in recent times, this book investigates the traditional concepts of 'use of force', 'armed attack', and 'armed conflict' and asks whether existing laws created for analogue technologies can be applied to new digital developments. The book provides a comprehensive analysis of primary documents and surrounding literature, to investigate whether and how existing rules on the use of force in international law apply to a relatively new phenomenon such as cyberspace operations. It assesses the rules of jus ad bellum and jus in bello, whether based on treaty or custom, and analyses why each rule applies or does not apply to cyber operations. Those rules which can be seen to apply are then discussed in the context of each specific type of cyber operation. The book addresses the key questions of whether a cyber operation amounts to the use of force and, if so, whether the victim state can exercise its right of self-defence; whether cyber operations trigger the application of international humanitarian law when they are not accompanied by traditional hostilities; what rules must be followed in the conduct of cyber hostilities; how neutrality is affected by cyber operations; whether those conducting cyber operations are combatants, civilians, or civilians taking direct part in hostilities. The book is essential reading for everyone wanting a better understanding of how international law regulates cyber combat.




De la paix en Afrique au XXIe siècle


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