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Ongoing work of the International Law Commission on State succession with respect to State responsibility begs the question: how does this new matter fit into the broader concept of State succession? This book presents a detailed analysis of the complete codified field of State succession, with new observations and the relevant elements of State responsibility. Dr. Grega Pajnkihar provides insight into how these two areas of international law are interlinked and why State responsibility should not be treated differently from other matters of succession.
Ongoing work of the International Law Commission on State succession with respect to State responsibility begs the question: how does this new matter fit into the broader concept of State succession? This book presents a detailed analysis of the complete codified field of State succession, with new observations and the relevant elements of State responsibility. Dr. Grega Pajnkihar provides insight into how these two areas of international law are interlinked and why State responsibility should not be treated differently from other matters of succession.
An Examination under International Humanitarian Law, International Human Rights Law, and Their Interplay
This book explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations. On the basis of general international law, it also develops and applies a novel and more broadly applicable step-by-step methodology for resolving issues of interplay between both legal regimes. In doing so, this study clarifies the scope of application and contents of investigative obligations under both legal regimes, as well as for situations to which both apply. The book finds that the oft-heard narrative that to require States to conduct human rights investigations during armed conflict would be wholly unrealistic in light of the realities of hostilities is unfounded and in need of revision.
An Examination under International Humanitarian Law, International Human Rights Law, and Their Interplay
This book explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations. On the basis of general international law, it also develops and applies a novel and more broadly applicable step-by-step methodology for resolving issues of interplay between both legal regimes. In doing so, this study clarifies the scope of application and contents of investigative obligations under both legal regimes, as well as for situations to which both apply. The book finds that the oft-heard narrative that to require States to conduct human rights investigations during armed conflict would be wholly unrealistic in light of the realities of hostilities is unfounded and in need of revision.
If war is a timeless reality of mankind, the ways and means whereby it is conducted have nonetheless evolved over time due to new technologies and innovative military strategies. For the most part, however, they have not challenged the ethical rules of warfare. The rapid rise in the use of automated weapons, the growing popularity of remotely controlled weapons, the development in soldiers’ enhancement technologies, of hybrid warfare and the impact of gender equality are all posing tremendous moral challenges affecting the traditional warrior ethos, the justification of killing and criminal responsibility. This begs the question: to what degree are the ways and means of modern warfare keeping pace with the current technological evolutions and societal values? Based upon a selection of presentations made at the 2022 annual conference of the International Society for Military Ethics in Europe (Euroisme), this book contains a variety of reflections on this question.
If war is a timeless reality of mankind, the ways and means whereby it is conducted have nonetheless evolved over time due to new technologies and innovative military strategies. For the most part, however, they have not challenged the ethical rules of warfare. The rapid rise in the use of automated weapons, the growing popularity of remotely controlled weapons, the development in soldiers’ enhancement technologies, of hybrid warfare and the impact of gender equality are all posing tremendous moral challenges affecting the traditional warrior ethos, the justification of killing and criminal responsibility. This begs the question: to what degree are the ways and means of modern warfare keeping pace with the current technological evolutions and societal values? Based upon a selection of presentations made at the 2022 annual conference of the International Society for Military Ethics in Europe (Euroisme), this book contains a variety of reflections on this question.
Contradictions and Congruences
Editor:
The Responsibility to Protect and Counter-Terrorism both ‘came of age’ at the turn of the millennium, as the international community was grappling with the challenges emerging from the end of the Cold War. R2P embraced the value of the individual, while counter-terrorism emphasized the importance of the state. Each appeared to represent a distinct way of understanding security. However, as these two concepts have evolved through contestation, application, and reform, surprising points of conflict and congruence have emerged which open up new ways of understanding what it means to protect both civilians and the state.
This collection of essays was first published in the journal Global Responsibility to Protect (vols. 14 and 15, 2022 and 2023).
This collection of essays was first published in the journal Global Responsibility to Protect (vols. 14 and 15, 2022 and 2023).
Contradictions and Congruences
Editor:
The Responsibility to Protect and Counter-Terrorism both ‘came of age’ at the turn of the millennium, as the international community was grappling with the challenges emerging from the end of the Cold War. R2P embraced the value of the individual, while counter-terrorism emphasized the importance of the state. Each appeared to represent a distinct way of understanding security. However, as these two concepts have evolved through contestation, application, and reform, surprising points of conflict and congruence have emerged which open up new ways of understanding what it means to protect both civilians and the state.
This collection of essays was first published in the journal Global Responsibility to Protect (vols. 14 and 15, 2022 and 2023).
This collection of essays was first published in the journal Global Responsibility to Protect (vols. 14 and 15, 2022 and 2023).
Liber Amicorum in honour of Gert-Jan van Hegelsom
The Treaty of Lisbon has significantly enhanced the EU’s institutional framework and the instruments at its disposal in foreign policy and external relations, notably through the creation of the function of the High Representative, supported by the European External Action Service. Contributing to the maintenance of international peace and security is one of the core objectives of the EU’s external action. This volume, with contributions from legal experts on EU foreign policy and external relations, illustrates the manifold legal issues arising in EU external action and in its efforts to achieve this essential objective.
Liber Amicorum in honour of Gert-Jan van Hegelsom
The Treaty of Lisbon has significantly enhanced the EU’s institutional framework and the instruments at its disposal in foreign policy and external relations, notably through the creation of the function of the High Representative, supported by the European External Action Service. Contributing to the maintenance of international peace and security is one of the core objectives of the EU’s external action. This volume, with contributions from legal experts on EU foreign policy and external relations, illustrates the manifold legal issues arising in EU external action and in its efforts to achieve this essential objective.