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How High the Sky?

The Definition and Delimitation of Outer Space and Territorial Airspace in International Law

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Thomas Gangale

In How High the Sky?, jurist Thomas Gangale explores the oldest and most important controversy in space law: how far up does national airspace go, and where does the international environment of outer space begin? Even though nations did not object to the first satellites flying over their sovereign territory, after more than six decades there is still no international agreement on how low the right of space object overflight extends, nor are there agreed legal definitions of “space object” and “space activity.” Dr. Gangale brings his background as an aerospace engineer to bear in exploding long-held beliefs of the legal community, and he offers a draft international convention to settle the oldest and most intractable problems in space law.
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Investigating Civilian Casualties in Time of Armed Conflict and Belligerent Occupation

Manoeuvring Between Legal Regimes and Paradigms for the Use of Force

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Alon Margalit

In Investigating Civilian Casualties in Time of Armed Conflict and Belligerent Occupation Alon Margalit discusses the appropriate State response to civilian casualties caused by its armed forces. Various legal and practical challenges, arising when investigating the fatal consequences of the use of force, are examined through the practice of the US, the UK, Canada and Israel during military operations in Afghanistan, Iraq, Somalia and the occupied Palestinian territory. Alon Margalit considers this topical and sensitive issue within a broader context, namely the public scrutiny of State behaviour and influence of human rights law during armed conflict. The debate over the scope of the duty to investigate reflects competing approaches looking to (re)shape the balance between military necessity and humanitarian considerations.
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International Criminal Law

Transnational Criminal Organizations and Transitional Justice

Héctor Olásolo

Parties negotiating the end of authoritarian regimes or armed conflicts are almost inevitable left in a situation of legal uncertainty. Despite their overlapping scope of application, the differences between the approaches of International Criminal Law (ICL) and Transitional Justice (TJ) are so profound that, unless dogmatisms are left aside and a process of dialogue is entered into, it will not be possible to harmonize the current legal regime of international crimes with the need to articulate transitional processes that are capable to effectively overcome authoritarian regimes and armed conflicts. The serious material limitations shown by national, international and hybrid ICL enforcement mechanisms should be acknowledged and the goals pursued by ICL should be consequently redefined. A minimum level of consensus on the scope of application, goals and elements of TJ should also be reached. Situations of systematic or large scale violence against the civilian population by transnational criminal organizations increase the challenge.
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The Foundations of Modern International Law on Indigenous and Tribal Peoples

The Preparatory Documents of the Indigenous and Tribal Peoples Convention, and Its Development through Supervision. Volume 2: Human Rights and the Technical Articles

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Lee Swepston

The International Labour Organization is responsible for the only two international Conventions ever adopted for the protection of the rights and cultures of indigenous and tribal peoples. The Indigenous and Tribal Populations Convention, 1957 (No. 107) and the Indigenous and Tribal Peoples Convention, 1989 (No. 169) that revised and replaced Convention No. 107, are the only international Conventions ever adopted on the subject, and Convention No. 169 is the only one that can now be ratified. This volume, together with its companion published in 2015, make clear that the basic concepts and the very vocabulary of international human rights on indigenous and tribal peoples derives from these two Conventions. The adoption in 2007 of the UN Declaration on the Rights Of Indigenous Peoples (UNDRIP), and the ongoing discussions in the international human rights community about the relative merits, impact and legal validity of the UN and ILO instruments, make it all the more important to understand how Convention 169 was adopted.

The author of this unique study was responsible for many years for the supervision of both Conventions in the ILO’s supervisory machinery, and was intimately involved in the adoption of the 1989 instrument, as well as in international discussions on the subject of indigenous and tribal peoples. In writing this two-volume study, he goes a strict “travaux” approach, and discusses the organizational precedents and the subsequent practice under these instruments.The supervision of the application of these Conventions is very largely unknown in the wider human rights community, and even in the more specialized “indigenous community” that forms a special subset of human rights activists. This guide may be of some help in redressing that situation.

Also available as a set of two, see isbn 9789004373754
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Stuart Maslen, Nathalie Weizmann, Maziar Homayounnejad and Hilary Stauffer

Drone strikes have become a key feature of counterterrorism operations in an increasing number of countries. This work explores the different domestic and international legal regimes that govern the manufacture, transfer, and use of armed drones. Chapters assess the legality of armed drones under jus ad bellum, the law of armed conflict, the law of law enforcement, international human rights law, international criminal law and domestic civil and criminal law. The book also discusses the application of law to fully autonomous weapons systems where computer algorithms decide who or what to target and when to fire.
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The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region.

The focused theme of Volume II is: Islamic Law and its Implementation in Asia and the Middle East.
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Mykhaylo Yakubovych, Vitalii Shchepanskyi and Ayder Bulatov

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Marko Hajdinjak

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Srđan Barišić

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Irina Vainovski-Mihai