Results for 'International humanitarian law'

956 found
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  1. Do Ambiguities in International Humanitarian Law make Cyberattacks more Advantageous?Damian Williams - forthcoming - Forthcoming.
    Does it seem that with each reported state cyberattack, there comes an announcement of discovery, an attribution to one of a handful of usual suspects, some threatening language suggesting imminent retribution, and then nothing more? Increased incidence of cyberattack makes its occurrence seem simultaneously rampant in terms of publicity and minimal in terms of threat of war. If rampant, how can repeated deployment by the same actors carry no punitive consequences? How is such audaciousness tolerated? For some, a cyberattack by (...)
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  2. Humanitarian Intervention: An Inquiry Into Law and Morality.Fernando R. Tesón - 2005 - Brill Nijhoff.
    This work offers an analysis of all the legal and moral issues surrounding humanitarian intervention: the deaths of innocent persons and the Doctrine of Double Effect Governmental legitimacy - The Doctrine of Effective Political Control; UN Charter and evaluation of the Nicaragua ruling; The Morality of not intervening; US-led invasion of Iraq; Humanitarian intervention authorised by the UN Security Council - Iraq, Somalia, Haiti, Rwanda, and Bosnia among others highlight NATO's intervention in Kosovo; The Nicaragua Decision; and The (...)
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  3. Review of May & Hoskins, International Criminal Law and Philosophy. [REVIEW]Matthew Lister - 2010 - Concurring Opinions Blog:1.
    This is a review of an anthology on international criminal law edited by Larry May and Zack Hoskins, published by Cambridge University Press.
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  4. Cosmopolitan “No-Harm” Duty in Warfare: Exposing the Utilitarian Pretence of Universalism.Ozlem Ulgen - 2022 - Athena 2 (1):116-151.
    This article demonstrates a priori cosmopolitan values of restraint and harm limitation exist to establish a cosmopolitan “no-harm” duty in warfare, predating utilitarianism and permeating modern international humanitarian law. In doing so, the author exposes the atemporal and ahistorical nature of utilitarianism which introduces chaos and brutality into the international legal system. Part 2 conceptualises the duty as derived from the “no-harm” principle under international environmental law. Part 3 frames the discussion within legal pluralism and cosmopolitan (...)
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  5. Killer robots: Regulate, don’t ban.Vincent C. Müller & Thomas W. Simpson - 2014 - In Vincent C. Müller & Thomas W. Simpson (eds.), Killer robots: Regulate, don’t ban. Blavatnik School of Government. pp. 1-4.
    Lethal Autonomous Weapon Systems are here. Technological development will see them become widespread in the near future. This is in a matter of years rather than decades. When the UN Convention on Certain Conventional Weapons meets on 10-14th November 2014, well-considered guidance for a decision on the general policy direction for LAWS is clearly needed. While there is widespread opposition to LAWS—or ‘killer robots’, as they are popularly called—and a growing campaign advocates banning them outright, we argue the opposite. LAWS (...)
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  6. Developing a Trusted Human-AI Network for Humanitarian Benefit.Susannah Kate Devitt, Jason Scholz, Timo Schless & Larry Lewis - forthcoming - Journal of Digital War:TBD.
    Humans and artificial intelligences (AI) will increasingly participate digitally and physically in conflicts yet there is a lack of trusted communications across agents and platforms. For example, humans in disasters and conflict already use messaging and social media to share information, however, international humanitarian relief organisations treat this information as unverifiable and untrustworthy. AI may reduce the ‘fog-of-war’ and improve outcomes, however current AI implementations are often brittle, have a narrow scope of application and wide ethical risks. Meanwhile, (...)
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  7. The Morality and Law of War.Seth Lazar - 2012 - In Andrei Marmor (ed.), Routledge Companion to the Philosophy of Law. New York , NY: Routledge. pp. 364-379.
    The revisionist critique of conventional just war theory has undoubtedly scored some important victories. Walzer’s elegantly unified defense of combatant legal equality and noncombatant immunity has been seriously undermined. This critical success has not, however, been matched by positive arguments, which when applied to the messy reality of war would deprive states and soldiers of the permission to fight wars that are plausibly thought to be justified. The appeal to law that is sought to resolve this objection by casting it (...)
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  8. Justifying Coercive and Non-Coercive Intervention: Strategic and Humanitarian Arguments.Rory J. Conces - 2001 - Acta Analytica 16 (27):133-52.
    The world's political and military leaders are under increasing pressure to intervene in the affairs of sovereign nations. Although the sovereignty of states and the corollary principle of nonintervention have been part of the foundation of international law, there is some latitude for states, as well as collective security organizations, to intervene in another state's domestic and foreign affairs, thus making sovereignty and the principle less than absolute. In this paper I first sketch a reasonable foundation for sovereignty of (...)
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  9. Fire and Forget: A Moral Defense of the Use of Autonomous Weapons in War and Peace.Duncan MacIntosh - 2021 - In Jai Galliott, Duncan MacIntosh & Jens David Ohlin (eds.), Lethal Autonomous Weapons: Re-Examining the Law and Ethics of Robotic Warfare. New York: Oxford University Press. pp. 9-23.
    Autonomous and automatic weapons would be fire and forget: you activate them, and they decide who, when and how to kill; or they kill at a later time a target you’ve selected earlier. Some argue that this sort of killing is always wrong. If killing is to be done, it should be done only under direct human control. (E.g., Mary Ellen O’Connell, Peter Asaro, Christof Heyns.) I argue that there are surprisingly many kinds of situation where this is false and (...)
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  10. A Risk-Based Regulatory Approach to Autonomous Weapon Systems.Alexander Blanchard, Claudio Novelli, Luciano Floridi & Mariarosaria Taddeo - manuscript
    International regulation of autonomous weapon systems (AWS) is increasingly conceived as an exercise in risk management. This requires a shared approach for assessing the risks of AWS. This paper presents a structured approach to risk assessment and regulation for AWS, adapting a qualitative framework inspired by the Intergovernmental Panel on Climate Change (IPCC). It examines the interactions among key risk factors—determinants, drivers, and types—to evaluate the risk magnitude of AWS and establish risk tolerance thresholds through a risk matrix informed (...)
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  11. The Grotius Sanction: Deus Ex Machina. The legal, ethical, and strategic use of drones in transnational armed conflict and counterterrorism.James Welch - 2019 - Dissertation, Leiden University
    The dissertation deals with the questions surrounding the legal, ethical and strategic aspects of armed drones in warfare. This is a vast and complex field, however, one where there remains more conflict and debate than actual consensus. -/- One of the many themes addressed during the course of this research was an examination of the evolution of modern asymmetric transnational armed conflict. It is the opinion of the author that this phenomenon represents a “grey-zone”; an entirely new paradigm of warfare. (...)
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  12. No Right To Mercy - Making Sense of Arguments From Dignity in the Lethal Autonomous Weapons Debate.Maciej Zając - 2020 - Etyka 59 (1):134-55.
    Arguments from human dignity feature prominently in the Lethal Autonomous Weapons moral feasibility debate, even though their exists considerable controversy over their role and soundness and the notion of dignity remains under-defined. Drawing on the work of Dieter Birnbacher, I fix the sub-discourse as referring to the essential value of human persons in general, and to postulated moral rights of combatants not covered within the existing paradigm of the International Humanitarian Law in particular. I then review and critique (...)
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  13. Beyond Deadlock: Low Hanging Fruit and Strict yet Available Options in AWS Regulation.Maciej Zając - 2022 - Journal of Ethics and Emerging Technologies 2 (32):1-14.
    Efforts to ban Autonomous Weapon Systems were both unsuccessful and controversial. Simultaneously the need to address the detrimental aspects of AWS development and proliferation continues to grow in scope and urgency. The article presents several regulatory solutions capable of addressing the issue while simultaneously respecting the requirements of military necessity and so attracting a broad consensus. Two much stricter solutions – regional AWS bans and adoption of a no first use policy – are also presented as fallback strategies in case (...)
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  14. Autonomous killer robots are probably good news.Vincent C. Müller - 2016 - In Ezio Di Nucci & Filippo Santoni de Sio (eds.), Drones and Responsibility: Legal, Philosophical and Socio-Technical Perspectives on the Use of Remotely Controlled Weapons. Routledge. pp. 67-81.
    Will future lethal autonomous weapon systems (LAWS), or ‘killer robots’, be a threat to humanity? The European Parliament has called for a moratorium or ban of LAWS; the ‘Contracting Parties to the Geneva Convention at the United Nations’ are presently discussing such a ban, which is supported by the great majority of writers and campaigners on the issue. However, the main arguments in favour of a ban are unsound. LAWS do not support extrajudicial killings, they do not take responsibility away (...)
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  15. The Problem with Killer Robots.Nathan Gabriel Wood - 2020 - Journal of Military Ethics 19 (3):220-240.
    Warfare is becoming increasingly automated, from automatic missile defense systems to micro-UAVs (WASPs) that can maneuver through urban environments with ease, and each advance brings with it ethical questions in need of resolving. Proponents of lethal autonomous weapons systems (LAWS) provide varied arguments in their favor; robots are capable of better identifying combatants and civilians, thus reducing "collateral damage"; robots need not protect themselves and so can incur more risks to protect innocents or gather more information before using deadly force; (...)
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  16. Arguments for Banning Autonomous Weapon Systems: A Critique.Hunter B. Cantrell - 2019 - Dissertation, Georgia State University
    Autonomous Weapon Systems (AWS) are the next logical advancement for military technology. There is a significant concern though that by allowing such systems on the battlefield, we are collectively abdicating our moral responsibility. In this thesis, I will examine two arguments that advocate for a total ban on the use of AWS. I call these arguments the “Responsibility” and the “Agency” arguments. After presenting these arguments, I provide my own objections and demonstrate why these arguments fail to convince. I then (...)
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  17. Interim Corpus Separatum for the Palestine Question. [REVIEW]Ciprian Pater - manuscript
    "Resolution of Jerusalem’s status arguably remains controversial because of the divergent analytical lenses through which the conflict’s parties, and others, view its intertwined legal, territorial, historical and religious issues. Thus, Jerusalem persists as an intricate and intractable cornerstone of the Israel-Palestine conflict." Diakonia International Humanitarian Law Resource Centre.
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  18. Réguler les robots-tueurs, plutôt que les interdire.Vincent C. Müller & Thomas W. Simpson - 2015 - Multitudes 58 (1):77.
    This is the short version, in French translation by Anne Querrien, of the originally jointly authored paper: Müller, Vincent C., ‘Autonomous killer robots are probably good news’, in Ezio Di Nucci and Filippo Santoni de Sio, Drones and responsibility: Legal, philosophical and socio-technical perspectives on the use of remotely controlled weapons. - - - L’article qui suit présente un nouveau système d’armes fondé sur des robots qui risque d’être prochainement utilisé. À la différence des drones qui sont manoeuvrés à distance (...)
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  19. The Responsibility to Protect - mehr als nur 'gerechter Krieg' in einem entstehenden Paradigma des Völkerrechts.Daniel Messelken - 2012 - Militärseelsorge 49:151-159.
    Der Einfluss der Lehre vom gerechten Krieg bzw. der Idee des gerechten Friedens auf den Umgang mit heutigen Konflikten lässt sich besonders gut anhand der so genannten „humanitären Interventionen“ und dem aus dieser Praxis entwickelten neuen Ansatz der „Responsibility to Protect“ (RtoP/ R2P) bzw. Schutzverantwortung zeigen. Bei der Be- gründung als humanitär erachteter Interventionen seit den 1990er Jahren wurde und wird auf die Kriterien des gerechten Krieges bzw. gerechten Friedens zurückgegriffen. Nachfolgend spielten diese auch bei der Formulierung des Prinzips der (...)
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  20. Doctor of Philosophy Thesis in Military Informatics (OpenPhD ) : Lethal Autonomy of Weapons is Designed and/or Recessive.Nyagudi Nyagudi Musandu - 2016-12-09 - Dissertation, Openphd (#Openphd) E.G. Wikiversity Https://En.Wikiversity.Org/Wiki/Doctor_of_Philosophy , Etc.
    My original contribution to knowledge is : Any weapon that exhibits intended and/or untended lethal autonomy in targeting and interdiction – does so by way of design and/or recessive flaw(s) in its systems of control – any such weapon is capable of war-fighting and other battle-space interaction in a manner that its Human Commander does not anticipate. Even with the complexity of Lethal Autonomy issues there is nothing particular to gain from being a low-tech Military. Lethal autonomous weapons are therefore (...)
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  21. Seven military classics : martial victory through good governance.Yvonne Chiu - 2024 - In Sumner B. Twiss, Bingxiang Luo & Benedict S. B. Chan (eds.), Warfare ethics in comparative perspective: China and the West. New York, NY: Routledge, Taylor & Francis Group. pp. 91-112.
    Contemporary international law separates the international justice of war from the domestic justice of society, but empirically, there is a correlation between democratic governance and military effectiveness, which could have a number of causes. A contemporary reconstruction from _The Seven Military Classics_ of Chinese military philosophy offers potential lessons for how domestic virtues may yield military and geopolitical victory. This chapter reconstructs arguments from the seven treatises into a collective an amalgamated conception of “good governance” that weaves together (...)
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  22. Human Rights, An Overview.Abram Trosky - 2014 - Encyclopedia of Critical Psychology:908–915.
    The discursive character of human rights prevents a precise summary of historical origin, rationale, or definition outside of the various codifications in religious texts, secular philosophies, founding national documents, and international treaties, charters, conventions, covenants, declarations, and protocols. Regarding the objects of human rights, we can speak of a “foundational five” 1) Personal security 2) Material subsistence 3) Elemental equality 4) Personal Freedom and 5) Recognition as a member of the human community. Despite, or perhaps because of its multivalence, (...)
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  23. The Modern Origins & Sources of China’s Techtransfer.Yang Immanuel Pachankis - 2022 - International Journal of Scientific and Engineering Research 13 (7):18-25.
    The research identified the key element on P. R. China’s incentives in modern history on techtransfer practices. With reviewing on the state funding surrogacy in the natural sciences, the author identified the key militant coercive contracting clauses in the document of the National Natural Science Foundation of China. With its combined workings with the statutory & martial laws, the analysis takes a com- parative culture approach that partially counteracts the work of the “United Front Working Group of the CPC”, which (...)
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  24. Defining War.Jessica Wolfendale - 2017 - In Michael L. Gross & Tamar Meisels (eds.), Soft War: The Ethics of Unarmed Conflict. Cambridge University Press. pp. 16-32.
    In international law and just war theory, war is treated as normatively and legally unique. In the context of international law, war’s special status gives rise to a specific set of belligerent rights and duties, as well as a complex set of laws related to, among other things, the status of civilians, prisoners of war, trade and economic relationships, and humanitarian aid. In particular, belligerents are permitted to derogate from certain human rights obligations and to use lethal (...)
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  25. State Obligations under International Criminal Law.Deepa Kansra - 2014 - Rostrum's Law Review 1 (4):1-.
    The prosecution of international crimes is a challenge both under international and domestic law. Taking the example of international criminal law (ICL) , the fullest realization of its objectives is influenced by many factors including; (a) the adoption of appropriate laws by states, (b) the adequacy of the ICL framework on definitions of crimes and principles of criminal responsibility, (c) the level of political control and involvement in decision making related to investigation, prosecution or extradition, (d) Problems (...)
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  26. If Molinism is true, what can you do?Andrew Law - 2024 - International Journal for Philosophy of Religion 95 (3):307-322.
    Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...)
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  27. Equality in Global Commerce: Towards a Political Theory of International Economic Law.Oisin Suttle - 2014 - European Journal of International Law 25 (4):1043-1070.
    Notwithstanding International Economic Law’s (IEL’s) inevitable distributional effects, IEL scholarship has had limited engagement with theoretical work on global distributive justice and fairness. In part this reflects the failure of global justice theorists to derive principles that can be readily applied to the concrete problems of IEL. This article bridges this gap, drawing on existing coercion-based accounts of global justice in political theory to propose a novel account of global distributive justice that both resolves problems within the existing theoretical (...)
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  28. Responsibility, Authority, and the Community of Moral Agents in Domestic and International Criminal Law.Ryan Long - 2014 - International Criminal Law Review 14 (4-5):836 – 854.
    Antony Duff argues that the criminal law’s characteristic function is to hold people responsible. It only has the authority to do this when the person who is called to account, and those who call her to account, share some prior relationship. In systems of domestic criminal law, this relationship is co-citizenship. The polity is the relevant community. In international criminal law, the relevant community is simply the moral community of humanity. I am sympathetic to his community-based analysis, but argue (...)
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  29. Why Should LGBTQI Marriage Be Legalized.Yang Pachankis - 2022 - Academia Letters 4 (5157).
    Traditional paradigm on marriage equality focused on a humanitarian appeal and was set as a path dependency model on marriage equality for the suppressed regions. However, such gender based focus has largely neglected the multilateral movements underlying the macro- political-economic structures that shaped law as a power political means. Consequentially, LGBTQI existence became marginalized from the public consciousness with structural realist state hierarchies that further undermines the fundamental freedoms of the LGBTQI popula- tion. This makes the question on LGBTQI (...)
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  30. The Case for an International Hard Law on Corporate Killing.Marc Johnson - 2024 - Keele Law Review 5 (1):1-28.
    On 4 December 2006, during discussions on the Corporate Manslaughter and Corporate Homicide Bill, Andrew Dismore, Member of Parliament and then Chair of the Joint Committee on Human Rights, said, ‘Organisations can kill people … but it is the actions and omissions of people in organisations that cumulatively cause death’. However, the corporate entity is a vehicle for the communal actions of those who guide the business activities. Attempting to seek out persons or people that are solely responsible for deaths (...)
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  31. The Moral Foundations of International Criminal Law.Jamie Terence Kelly - 2010 - Journal of Human Rights 9 (4):502-510.
    This article reviews three books written by Larry May concerning the foundations of international criminal law: Crimes Against Humanity: A Normative Account (2005), War Crimes and Just War (2007), and Aggression and Crimes Against Peace (2008).
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  32. National Defence, Self Defence, and the Problem of Political Aggression.Seth Lazar - 2014 - In Cécile Fabre & Seth Lazar (eds.), The Morality of Defensive War. Oxford, GB: Oxford University Press. pp. 10-38.
    Wars are large-scale conflicts between organized groups of belligerents, which involve suffering, devastation, and brutality unlike almost anything else in human experience. Whatever one’s other beliefs about morality, all should agree that the horrors of war are all but unconscionable, and that warfare can be justified only if we have some compel- ling account of what is worth fighting for, which can justify contributing, as individu- als and as groups, to this calamitous endeavour. Although this question should obviously be central (...)
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  33. Justified Exception to the Prohibition on Use of Force.Damian Williams - forthcoming - Forthcoming.
    After nearly 76 years following the UN Charter, the dominant feature of the multilateral international order has shifted from a focus on states’ sovereignty to the rights of the individual. It is now widely accepted that human rights are not the province of any one state’s domestic affairs, but of importance to the entire international community. The UN Security Council sits atop the supra-state order, and holds the ultimate authority to initiate consensus-based, collective action so as to limit (...)
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  34. Reflection on Exclusivity and Termination of Commercial Agency in Jordan: TheIntertwining of Domestic Regulation and International Trade Law.Bashar H. Malkawi - 2019 - Estey Journal of International Law and Trade Policy 19 (2).
    Any foreign manufacturer desiring to market its products in Jordan has several courses open to it. The foreign manufacturer could establish a branch or wholly-owned subsidiary in Jordan or enter into a licensing or joint venture agreement with a company doing business in Jordan. If it wants a less significant presence, however, it is left with the alternative of having a local commercial agent market and sells its products. -/- The purpose of this article is to study certain aspects-exclusivity and (...)
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  35. Just War Theory: Revisionists Vs Traditionalists.Seth Lazar - 2017 - Annual Review of Political Science 20:37-54.
    Contemporary just war theory is divided into two broad camps: revisionists and traditionalists. Traditionalists seek to provide moral foundations for something close to current international law, and in particular the laws of armed conflict. Although they propose improvements, they do so cautiously. Revisionists argue that international law is at best a pragmatic fiction—it lacks deeper moral foundations. In this article, I present the contemporary history of analytical just war theory, from the origins of contemporary traditionalist just war theory (...)
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  36. Rural Tourism as an Element of Sustainable Diversification of Economic Opportunities of the Region.Oleksandr Krupskyi, Nataliya Krasnikova & Victoriia Redko - 2019 - In V. M. Yatsenko (ed.), Determinants of Innovation and Investment Development of Multi- Branch Entrepreneurship, Tourism and Hospitality Industry. pp. 250-260.
    The collective monograph «Determinants of Innovation and Investment Development of Multisectoral Entrepreneurship, Tourism and Hospitality Industry» is devoted to the 20th anniversary of the Educational and Scientific Institute of Economics and Law of Cherkasy Bohdan Khmelnytsky National University and is a continuation of the research tradition on the development of entrepreneurship, innovation, finance, competition, accounting and auditing problems, tourism, hotel and restaurant business. The results of the scientific research presented in the collective monograph show the achievements of the representatives of (...)
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  37. Autonomous Weapon Systems in Just War Theory perspective. Maciej - 2022 - Dissertation,
    Please contact me at [email protected] if you are interested in reading a particular chapter or being sent the entire manuscript for private use. -/- The thesis offers a comprehensive argument in favor of a regulationist approach to autonomous weapon systems (AWS). AWS, defined as all military robots capable of selecting or engaging targets without direct human involvement, are an emerging and potentially deeply transformative military technology subject to very substantial ethical controversy. AWS have both their enthusiasts and their detractors, prominently (...)
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  38. The International Rule of Law and Killing in War.Jovana Davidovic - 2012 - Social Theory and Practice 38 (3):531-553.
    In this paper, I suggest that for some proposed solutions to global justice problems, incompatibility with the necessary features of international law is a reason to reject them. I illustrate this by discussing the problem raised by the case of unjust combatants, that is, combatants lacking a just cause for war. I argue that the principle of inequality of combatants, which suggests that we ought to prohibit those without a just cause for war from fighting, is not only a (...)
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  39. International law as a basis for a feasible ability-to-pay principle (Ch. 4).Ewan Kingston - 2021 - In Sarah Kenehan & Corey Katz (eds.), Principles of Justice and Real-World Climate Politics. Rowman & Littlefield Publishers. pp. 89-114.
    Faced with political opponents, proponents of climate justice should consider how politically feasible different principles of climate justice are. I focus in this chapter on the political feasibility of an “ability to pay principle” as a proposal for dividing the burdens of past emissions and emissions from the global poor. I argue that a formulation of an ability to pay principle with a voluntarist scope, restricted only to agreed upon collective goals, is significantly more politically feasible than one with a (...)
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  40. Piracy Jure Gentium & International Law.Sergei Oudman - 2010 - E-Ir.
    Piracy seems to be a notion of ages ago yet it is far from gone. News reports over the last couple of years show that pirates are far from extinct and that they are still very active. This may seem a paradox with today’s modern technology and society, however, as will be described later on, the variable of technology can work both ways. This paper discusses some of the most actual items on the news today regarding piracy and international (...)
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  41. The Relative Authority of International Law and Courts in the Human Rights and Trade Regimes: A Survey Experiment.Oisin Suttle - manuscript
    This paper presents preliminary results of a survey experiment examining the effects of international illegality on public support for proposed public policies. It adds three specific dimensions to the existing literature. First, it tests whether the effects of international illegality differ depending on the international regime whose rules are violated, testing the effects of violations of both human rights and trade regimes. Second, it tests how far the involvement of international courts vary these effects. And third, (...)
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  42. Globalization, International Law, and Human Rights, by Jeffrey F. Addicott, Md. Jahid Hossain Bhuiyan, Tareq M.R. Chowdhury (eds.), 2012. [REVIEW]Deepa Kansra - 2013 - Journal of the Indian Law Institute 55:245-248.
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  43. The Moral Authority of International Law.Anthony Reeves - 2010 - APA Newsletter on Philosophy and Law 10 (1):13-18.
    How should international law figure into the practical reasoning of agents who fall under its jurisdiction? How should the existence of an international legal norm regulating some activity affect a subject’s decision-making about that activity? This is a question concerning the general moral authority of international law. It concerns not simply the kind of authority international law claims, but the character of the authority it actually has. An authority, as I will use the term, is moral (...)
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  44. Skepticism about Jus Post Bellum.Seth Lazar - 2012 - In Larry May & Andrew Forcehimes (eds.), Morality, Jus Post Bellum, and International Law. Cambridge University Press. pp. 204-222.
    The burgeoning literature on jus post bellum has repeatedly reaffirmed three positions that strike me as deeply implausible: that in the aftermath of wars, compensation should be a priority; that we should likewise prioritize punishing political leaders and war criminals even in the absence of legitimate multilateral institutions; and that when states justifiably launch armed humanitarian interventions, they become responsible for reconstructing the states into which they have intervened – the so called “Pottery Barn” dictum, “You break it, you (...)
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  45. (1 other version)Philosophy and International Law: Reflections on Interdisciplinary Research into Terrorism.Anna Goppel & Anne Schwenkenbecher - 2012 - Ancilla Iuris 111.
    This essay investigates the possibilities and limits of interdisciplinary research into terrorism. It is shown that approaches that combine philosophy and international law are necessary, and when such an approach needs to be adopted. However, it is also important not to underestimate how much of a challenge is posed by the absence of agreement concerning the definition of terrorism, and also by the structural differences in the way the two disciplines address the problem and formulate the issues. Not least, (...)
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  46. Intersections of International Human Rights Law and Criminal Law (Conference Report).Deepa Kansra - 2021 - Indian Law Institute Law Review 1 (Winter):377-379.
    The Human Rights Studies Programme, School of International Studies (JNU), in collaboration with the Centre for Inner Asian Studies, School of International Studies (JNU), and the Indian Law Institute (Delhi), organized a Human Rights Day Webinar on the Intersections of Human Rights and Criminal Law on December 9-10, 2021. Experts and young scholars from the field shared their insights and research on the webinar theme. The presentations were organized under four sessions, including Session I on Rights Jurisprudence and (...)
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  47. Thoughts on the new international law-making: A new form of international agreement revisited from a triptyke of academic disciplines (2nd edition).Kiyoung Kim - 2023 - Chosun Law Journal 30 (2):3-55.
    From the traditionalist position on international law, a new form of compact agreement, which cannot be classified as an international treaty in terms of academic framework, had long fueled much of contention in politics, international law, and constitutional law. A growing practice of compact agreement had been natural as corresponding with the global compression of international community and rising aspiration of peace regime on the international relations. The scholars of international law believe that, regardless (...)
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  48. Theorizing the Normative Significance of Critical Histories for International Law.Damian Cueni & Matthieu Queloz - 2022 - Journal of the History of International Law 24 (4):561-587.
    Though recent years have seen a proliferation of critical histories of international law, their normative significance remains under-theorized, especially from the perspective of general readers rather than writers of such histories. How do critical histories of international law acquire their normative significance? And how should one react to them? We distinguish three ways in which critical histories can be normatively significant: (i) by undermining the overt or covert conceptions of history embedded within present practices in support of their (...)
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  49. Should Humanitarians be Heroes?Jonathan Edwards - 2020 - International Journal of Applied Philosophy 34 (2):255-270.
    Humanitarian aid workers typically reject the accolade of hero as both untrue and undesirable. Untrue when they claim not to be acting beyond the call of duty, and undesirable so far as celebrating heroism risks elevating “heroic” choices over safer, and perhaps wiser ones. However, this leaves unresolved a tension between the denial of heroism and a sense in which certain humanitarian acts really appear heroic. And, the concern that in rejecting the aspiration to heroism an opportunity is (...)
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  50. Culture as an Activity and Human Right: An Important Advance for Indigenous Peoples and International Law.Cindy Holder - 2008 - Alternatives 33:7-28.
    Historically, culture has been treated as an object in international documents. One consequence of this is that cultural rights in international law have been understood as rights of access and consumption. Recently, an alternative conception of culture, and of what cultural rights protect, has emerged from international documents treating indigenous peoples. Within these documents culture is treated as an activity rather than a good. This activity is ascribed to peoples as well as persons, and protecting the capacity (...)
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