Security: A Multidisciplinary Normative Approach


Book Description

Security is an all-encompassing term of art which is subject to diverse interpretations and understandings. It includes notions of protection against transnational threats, including terrorism, inter- and intra-state conflict, nuclear proliferation, forced migration, violation of women’s rights, climate change, etc. The papers in this collection provide fresh voices in the security debate, uniting scholars from different fields of law and philosophy to address normative gaps in interpretation, evolution and application. Part I considers calls for an expanded mandate for the UN Security Council and regional international organisations. Part II reviews innovations within the arena of international humanitarian law, including whether it is possible to balance human rights and humanitarian law standards in peacekeeping operations, responses to “voluntary human shielding”, and normative evolution in the removal of anti-personnel mines and the ban on cluster munitions. Part III embarks upon the realm of Ethics and Democracy: assessing the engagement of private soldiers and the legitimacy of targeted strikes pursuant to the “responsibility to prevent terrorism”. It also considers internal conflicts within the notion of “democratic security”, affirms the procedural guarantees of habeas corpus and non-refoulement as central elements of global justice, and calls for evaluation of gender equity as a measure of state fragility. Part IV confronts the global challenge of climate change as a security threat. Finally, Part V provides a practitioner’s perspective which discusses possible grounds for a gap between academics and security practitioners.




Human Security


Book Description

There is a real security gap in the world today. Millions of people in regions like the Middle East or East and Central Africa or Central Asia where new wars are taking place live in daily fear of violence. Moreover new wars are increasingly intertwined with other global risks the spread of disease, vulnerability to natural disasters, poverty and homelessness. Yet our security conceptions, drawn from the dominant experience of World War II and based on the use of conventional military force, do not reduce that insecurity; rather they make it worse. This book is an exploration of this security gap. It makes the case for a new approach to security based on a global conversation- a public debate among civil society groups and individuals as well as states and international institutions. The chapters follow on from Kaldors path breaking analysis of the character of new wars in places like the Balkans or Africa during the 1990s. The first four chapters provide a context; they cover the experience of humanitarian intervention, the nature of American power, the new nationalist and religious movements that are associated with globalization, and how these various aspects of current security dilemmas have played out in the Balkans. The last three chapters are more normative, dealing with the evolution of the idea of global civil society, the relevance of just war theory in a global era, and the concept of human security and what it might mean to implement such a concept. This book will appeal to all those interested in issues of peace and conflict, in particular to students of politics and international relations.




Climate Change and the UN Security Council


Book Description

In this forward-looking book, the authors consider how the United Nations Security Council could assist in addressing the global security challenges brought about by climate change. Contributing authors contemplate how the UNSC could prepare for this role; progressing the debate from whether and why the council should act on climate insecurity, to how? Scholars, activists, and policy makers will find this book a fertile source of innovative thinking and an invaluable basis on which to develop policy.




Legal Perspectives on Security Institutions


Book Description

Explores the tensions that arise when institutions address contemporary security threats.




Security, Rights and Law


Book Description

Winner of the 2019 Francis Lieber Prize Recognizing an Exceptional Published Book in the Field of the Law of Armed Conflict This book examines how the Israeli High Court of Justice (HCJ) has interpreted and applied international law principles in adjudicating petitions filed by Palestinians. The research focuses on HCJ judgments that have been rendered since the outbreak of the Second Intifada (2000) in relation to petitions challenging the legality of measures implemented by various Israeli governments and military authorities for the professed need of enhancing the security of Israeli settlements and settlers in the occupied West Bank. It discusses to what extent the HCJ provides a venue for an effective domestic remedy for alleged violations of the Palestinians’ internationally protected rights. It further analyses the judgments of the Court seeking to demonstrate why it appears to show a preference for invoking principles of Israeli administrative and constitutional law, thereby promoting the domestic rather than international Rule of Law. Although the jurisprudence of the HCJ has often been hailed as that of an ‘activist’ court, the analysis of petitions adjudicated by the Court between 2000 and 2014 illustrates why its approach is ill-suited to a situation of prolonged military occupation. Finally, the book evaluates what impact the Court’s adjudication, reasoning and interpretation has on the normative coherence of the international law of belligerent occupation.




Fresh Water in International Law


Book Description

This book provides a thorough assessment of the protection, management, and uses of fresh water under international law. It explores international, regional, and national regulatory frameworks, and looks at how diverse areas of law connect and adapt to one another to make up the international legal regime regulating fresh water.




Yearbook of International Environmental Law 2008


Book Description

Transition to Journals From Volume 19, the Yearbook of International Environmental Law will be available as online only, print only, or combined print and online subscriptions from Oxford Journals. The Yearbook of International Environmental Law archive is available immediately from January 2011. Customers wishing to take out a subscription can do so by clicking through to the yearbook's journal page: http://yielaw.oxfordjournals.org/ The Yearbook of International Environmental Law will benefit from a number of additional features made possible by online publication: Publish ahead of print - Articles will appear online throughout the year, granting subscribers immediate access to the latest developments in both HTML and PDF formats, without needing to wait for the print volume Email alerts - Anyone can sign up to receive Yearbook of International Environmental Law content alerts - both of the annual volume and of content published throughout the year Searchable archive - The entire archive back to 1996 will be made available to Yearbook of International Environmental Law subscribers The Yearbook of International Environmental Law has established itself as a vital source of information and analysis in an increasingly important legal field. The contributors for this volume are drawn from leading figures around the world who, together with the expert team of editors, have created the best source of information on world-wide events in this field. The article section contains high quality essays on topical subjects and the year-in-review section offers a round-up of legal developments in every part of the world. The third section of the Yearbook contains extenstive reviews of recently published books in the area.




A Bridge over Troubled Waters


Book Description

A Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea offers novel comparative analysis from leading experts on the resolution of disputes concerning international watercourses and the oceans.




Sexual Violence in Conflict and Post-Conflict Societies


Book Description

This book brings together a unique blend of researchers, civil society and community activists all working on different aspects of conflict sexual violence on the African continent. The contributions included here offer a detailed reading of the social and political climate within which some patterns of sexual violence unfold, and the increased policy and institutional responses shaping post-conflict environments. The chapters are organized around three main themes: the continuities between conflict sexual violence and post-conflict insecurity; the troubling category of "victim" and its representation in post-conflict settings; and the international contexts – such as international programming, aid and justice interventions – that shape how conflict sexual violence is addressed. The authors come to the topic from various academic disciplines - anthropology, gender studies, law, and psychology - and from different non-academic contexts, including civil society organizations in affected regions, and policy and activist organizations in the Global North. Collectively the chapters in this volume offer complex and detailed analysis of some of the debates and dynamics shaping contemporary understandings of conflict sexual violence, highlighting, in turn, new insights and emerging topics on which further research and advocacy is needed.




Research Handbook on Freshwater Law and International Relations


Book Description

Recent decades have seen pivotal changes in the management and protection of water resources, with human rights, environmental and water law each developing a strong interest in the conservation of fresh water. This surge in interest has meant that dispute settlement mechanisms, along with diplomatic tools, are becoming increasingly necessary for conflict resolution. This Handbook offers an analysis of the interaction between law and various forms of knowledge and expertise, ranging from economics to environmental and social sciences. Leading scholars examine general and specific water legal regimes and analyse the interplay between various disciplines in order to establish the extent to which law is informed by each.