The Six-Day War and Israeli Self-Defense

Questioning the Legal Basis for Preventive War

Author: John Quigley

Publisher: Cambridge University Press

ISBN: 1107032067

Category: History

Page: 266

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The war of June 1967 between Israel and Arab states was widely perceived as being forced on Israel to prevent the annihilation of its people by Arab armies hovering on its borders. Documents now declassified by key governments question this view. The UK, USSR, France and the USA all knew that the Arab states were not in attack mode and tried to dissuade Israel from attacking. In later years, this war was held up as a precedent allowing an attack on a state that is expected to attack. It has even been used to justify a pre-emptive assault on a state expected to attack well in the future. Given the lack of evidence that it was waged by Israel in anticipation of an attack by Arab states, the 1967 war can no longer serve as such a precedent. This book seeks to provide a corrective on the June 1967 war.

Canadian Foreign Policy and the Law of Sea

Author: Barbara Johnson,Mark W. Zacher

Publisher: UBC Press

ISBN: 0774844264

Category: Law

Page: N.A

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Since the 1960s, there have been intensive international negotiations to revise the law of the sea. These discussions culminated in the convening of the Third United Nations Conference on the Law of the Sea in December 1973 and in four additional sessions up to September 1976. Whether the almost 150 participating states will be able to reach an accord in 1977 or later on, the myriad issues on their agenda is still uncertain. Two major issues have been the extension of coastal-state jurisdiction over resources and activities and the estblishment of an international regime to govern the exploitation of the deep seabed. Canada's most significant role has been that of a leader of the "coastal-state grouping," which has sought to expand states' jurisdiction over fisheries, seabed resources, scientific research, and pollution control within a 200-mile economic zone and sometimes beyond. A number of these Canadian policy goals have already been accepted by a large majority of the participants in the conference. In this role, Canada has found itsself opposed to many of its traditional allies among the developed nations with large fleets engaged in commerce in distant waters, and concerned about the traditional freedom of the high seas, and has aligned itself with the coastal developing nations of Africa, Asia, and Latin America. The seven essays in this volume examine the development of Canadian policies on the major law of the sea issues and the outcome of the negotiations on them. In so doing, the studies have analysed Canada's dramatic seward expansion and involvement in one of teh most important United Nations Conferences.

The Future of the International Legal Order, Volume 4

The Structure of the International Environment

Author: Cyril E. Black,Richard A. Falk

Publisher: Princeton University Press

ISBN: 140087307X

Category: Law

Page: 658

View: 1418

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The issues of conflict management treated in this volume are relatively recent consequences of the scientific and technological revolution, and are in significant respects unprecedented in man's history: food distribution, population, ocean resources, air and water pollution. Such new global problems cannot be adequately solved except by international effort—effort that requires adjustments in the present international system. What adjustments arc practicable, and at least minimally necessary, are assessed by seventeen lawyers and specialists in international affairs. They approach the subject from two perspectives: the international legal aspects of man in his environment; and the institutions, agencies, and movements that must be further adapted to the rapidly changing needs of mankind. Contributors: Harold Lasswell, Mary Ellen Caldwell, Dennis Livingston, Howard J. and Rita F. Taubenfeld, L.F.E. Goldie. Leon Gordenker, John Carey, Hans Baade, Gidon Gotlieb, Richard B. Lillich, Joseph Nye, Donald McNemar, James Patrick Sewell, Gerald F. Sumida, Harold and Margaret Sprout. Originally published in 1972. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Methods of Resolving Conflicts Between Treaties

Author: Ali Sadat-Akhavi

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041120311

Category: Political Science

Page: 273

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Despite the theoretical and practical importance of the question of conflict between treaties, little has been written on the subject. This monograph fills this gap by providing a detailed analysis of the main issues. The book is divided into three parts. The first deals with the definition of conflict, causes of conflict, and different types of conflict. The second part examines different sources of international law in order to identify rules of international law relating to the resolution of conflicts. The third part addresses the actual process of resolving conflicts between treaties. After describing different stages of treaty conflict-resolution, it discusses some special principles advanced for resolving conflicts between certain types of treaties, namely, those relating to the protection of human rights, those concerning dispute settlement, and treaties dealing with private law issues. This work will assist and appeal to both academics in the fields of international law and political science and professionals engaged in international negotiations and treaty-making.

Evolution and International Organization

Toward a New Level of Sociopolitical Integration

Author: V. Rittberger

Publisher: Springer Science & Business Media

ISBN: 9401020019

Category: Political Science

Page: 131

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unlike the historical-descriptive or legalistic approaches still pervading the majority of publications on international organization, has an implicit (empirical-) theoretical orientation. As a concomitant development, Yalem notes an increasing methodological 6 sophistication among some students of international organization. However, except for some favorable comments on the evolving theory of international community formation, Yalem does not evaluate the contribution of the empirical-theory-cum methodology literature to the study of international organization. More recently, Riggs and his associates (1970) and Alger (1960-70; 1970) have taken it upon themselves to do just this. The analysis of the impact of bthavioralism on the study of the United Nations system by Robert Riggs and his associates is a rather devastating indictment. Though demonstrating a concern to present balanced and qualified conclusions from their pemsal of the relevant literature, they summarize their assessment in the following statement: Behavioral research has probably been the most disappointing in the area of its central concern, that of theory-building. The grand theories tend to be heuristic in nature, divorced from the essential data base; and the best-supported proposi tions have the natrowest theoretical significance. Despite its aims and pretensions, the approach has not yet produced a coherent set of explanatory propositions to bring order or scientific exactness to the study of international organization or any substantial segment of it (Riggs et al. , 1970: 230).

Yearbook of the International Law Commission 2000

Author: United Nations: International Law Commission

Publisher: United Nations Publications

ISBN: 9789211335323

Category: Business & Economics

Page: 156

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This yearbook includes the report of the International Law Commission to the UN General Assembly on the work of the 52nd Session. The first part of the sessions was held from 1 May to 9 June 2000 and the second part held from 10 July to 18 August 2000. Topics covered included: State responsibility; Diplomatic protection; Unilateral acts of States; Reservations to treaties and International liability for injurious consequences arising out of acts not prohibited by international law

The Triggering Procedure of the International Criminal Court

Author: Héctor Olásolo

Publisher: Martinus Nijhoff Publishers

ISBN: 9004146156

Category: Political Science

Page: 400

View: 9849

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The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.

Drones and the Future of Armed Conflict

Ethical, Legal, and Strategic Implications

Author: David Cortright,Rachel Fairhurst,Kristen Wall

Publisher: University of Chicago Press

ISBN: 022625805X

Category: Law

Page: 295

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Presenting a robust conversation among leading scholars in the areas of international legal standards, counterterrorism strategy, humanitarian law, and the ethics of force, this book takes account of current American drone campaigns and the developing legal, ethical, and strategic implications of this new way of warfare.

International Organizations

Author: Clive Archer

Publisher: Routledge

ISBN: 1317615379

Category: Political Science

Page: 200

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What is the role of international organizations in the international political system? The fourth edition of Clive Archer’s widely used textbook continues to provide students with an introduction to international organizations, exploring their rise and development, and accounts for their significance in the modern international political system. International Organizations fourth edition: has been fully updated to take into account the considerable developments in the field since the last edition was published in 2001. continues to offer a unique concise yet comprehensive approach, offering students an accessible and manageable introduction to this core part of international relations. offers an authoritative guide to the literature about international organizations and provides advice on further reading.

Realizing Utopia

The Future of International Law

Author: Antonio Cassese

Publisher: OUP Oxford

ISBN: 0191627712

Category: Law

Page: 724

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Realizing Utopia is a collection of essays by a group of innovative international jurists. Its contributors reflect on some of the major legal problems facing the international community and analyse the inconsistencies or inadequacies of current law. They highlight the elements - even if minor, hidden, or emerging - that are likely to lead to future changes or improvements. Finally, they suggest how these elements can be developed, enhanced, and brought to fruition in the next two or three decades, with a view to achieving an improved architecture of world society or, at a minimum, to reshaping some major aspects of international dealings. Contributions to the book thus try to discern the potential, in the present legal construct of world society, that might one day be brought to light in a better world. As the impact of international law on national legal orders continues to increase, this volume takes stock of how far international law has come and how it should continue to develop. The work features an impressive list of contributors, including many of the leading authorities on international law and several judges of the International Court of Justice.

American Hegemony and the Rise of Emerging Powers

Cooperation or Conflict

Author: Salvador Santino F. Regilme,James Parisot

Publisher: Routledge

ISBN: 1315529351

Category: Political Science

Page: 228

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Over the last decade, the United States' position as the world's most powerful state has appeared increasingly unstable. The US invasions of Afghanistan and Iraq, non-traditional security threats, global economic instability, the apparent spread of authoritarianism and illiberal politics, together with the rise of emerging powers from the Global South have led many to predict the end of Western dominance on the global stage. This book brings together scholars from international relations, economics, history, sociology and area studies to debate the future of US leadership in the international system. The book analyses the past, present and future of US hegemony in key regions in the Asia-Pacific, Latin America, Middle East, Europe and Africa – while also examining the dynamic interactions of US hegemony with other established, rising and re-emerging powers such as Russia, China, Japan, India, Turkey and South Africa. American Hegemony and the Rise of Emerging Powers explores how changes in the patterns of cooperation and conflict among states, regional actors and transnational non-state actors have affected the rise of emerging global powers and the suggested decline of US leadership. Scholars, students and policy practitioners who are interested in the future of the US-led international system, the rise of emerging powers from the Global South and related global policy challenges will find this multidisciplinary volume an invaluable guide to the shifting position of American hegemony.

The Individual in the International Legal System

Continuity and Change in International Law

Author: Kate Parlett

Publisher: Cambridge University Press

ISBN: 1139499971

Category: Law

Page: N.A

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Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.

The Epochs of International Law

Author: Wilhelm G. Grewe

Publisher: Walter de Gruyter

ISBN: 3110902907

Category: Law

Page: 802

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Wilhelm G. Grewe's "Epochen der Völkerrechtsgeschichte", published in 1984, is widely regarded as one of the classic twentieth century works of international law. This revised translation by Michael Byers of Duke University, Durham, North Carolina, makes this important book available to non-German readers for the first time. "The Epocs of International Law" provides a theoretical overview and detailed analysis of the history of international law from the Middle Ages, to the Age of Discovery and the Thirty Years War, from Napoleon Bonaparte to the Treaty of Versailles, the Cold War and the Age of the Single Superpower, and does so in a way that reflects Grewe's own experience as one of Germany's leading diplomats and professors of international law. A new chapter, written by Wilhelm G. Grewe and Michael Byers, updates the book to October 1998, making the revised translation of interest to German international layers, international relations scholars and historians as well. Wilhelm G. Grewe was one of Germany's leading diplomats, serving as West German ambassador to Washington, Tokyo and NATO, and was a member of the International Court of Arbitration in The Hague. Subsequently professor of International Law at the University of Freiburg, he remains one of Germany's most famous academic lawyers. Wilhelm G. Grewe died in January 2000. Professor Dr. Michael Byers, Duke University, School of Law, Durham, North Carolina, formerly a Fellow of Jesus College, Oxford, and a visiting Fellow of the Max-Planck-Institute for Comparative Public Law and International Law, Heidelberg.

Israel's Nuclear Dilemma

Author: Yair Evron

Publisher: Routledge

ISBN: 1134840179

Category: Political Science

Page: 340

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The development of Israel's nuclear capacity, controversy within the military elite, implications for Arab/Israeli relations and arms control in the region.

Indigenous Conflict Management Strategies

Global Perspectives

Author: Akanmu G. Adebayo,Jesse J. Benjamin,Brandon D. Lundy

Publisher: Lexington Books

ISBN: 0739188054

Category: Political Science

Page: 328

View: 5171

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We know that since the end of the Cold War, conflicts in non-Western countries have been frequent, frequently violent, largely intra-state, and protracted. But what do we know about conflict management and resolution strategies in these societies? Have the dominant Western approaches been transplantable, suitable, effective, durable, and sustainable? Would conflicts in non-Western societies be better handled by the adaptation and adoption of customary, traditional, or localized mechanisms of mitigation? These and similar questions have engaged the attention of scholars and policy-makers. Indigenous Conflict Management Strategies: Global Perspectives is offered as a global compendium on indigenous conflict management strategies. It presents diverse perspectives on the subject. Fully aware of the tendency in the literature to over-generalize, over-romanticize, and over-criticize the localized and customary mechanisms, the book takes a slightly different approach. It presents a variety of traditional conflict management approaches as well as several cases of the successful integration of the indigenous and Western strategies in the contemporary period. The main features, strengths, challenges, and weaknesses of a multitude of indigenous systems are also presented.

Justice in Conflict

The Effects of the International Criminal Court's Interventions on Ending Wars and Building Peace

Author: Mark Kersten

Publisher: Oxford University Press

ISBN: 0191082945

Category: Law

Page: 280

View: 7174

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What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

International Negotiation and Mediation in Violent Conflict

The Changing Context of Peacemaking

Author: Chester A. Crocker,Fen Osler Hampson,Pamela Aall

Publisher: Routledge

ISBN: 135178501X

Category: Political Science

Page: 220

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This collection of essays situates the study and practice of international mediation and peaceful settlement of disputes within a changing global context. The book is organized around issues of concern to practitioners, including the broader regional, global, and institutional context of mediation and how this broader environment shapes the opportunities and prospects for successful mediation. A major theme is complexity, and how the complex contemporary context presents serious challenges to mediation. This environment describes a world where great-power rivalries and politics are coming back into play, and international and regional organizations are playing different roles and facing different kinds of constraints in the peaceful settlement of disputes. The first section discusses the changing international environment for conflict management and reflects on some of the challenges that this changing environment raises for addressing conflict. Part II focuses on the consequences of bringing new actors into third-party engagement and examines what may be harbingers for how we will attempt to resolve conflict in the future. The third section turns to the world of practice, and discusses mediation statecraft and how to employ it in this current international environment. The volume aims to situate the practice and study of mediation within this wider social and political context to better understand the opportunities and constraints of mediation in today’s world. The value of the book lies in its focus on complex and serious issues that challenge both mediators and scholars. This volume will be of much interest to students, practitioners, and policymakers in the area of international negotiation, mediation, conflict resolution and international relations.