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In
Jus Post Bellum, Jens Iverson provides the Just War foundations of the concept, reveals the function of
jus post bellum, and integrates the law that governs the transition from armed conflict to peace. This volume traces the history of
jus post bellum avant la letter, tracing important writings on the transition to peace from Augustine, Aquinas, and Kant to more modern jurists and scholars. It explores definitional aspects of
jus post bellum, including current its relationship to sister terms and related fields. It also critically evaluates the current state and possibilities for future development of the law and normative principles that apply to the transition to peace. Peacebuilders, scholars, and diplomats will find this book a crucial resource.
In
Jus Post Bellum, Jens Iverson provides the Just War foundations of the concept, reveals the function of
jus post bellum, and integrates the law that governs the transition from armed conflict to peace. This volume traces the history of
jus post bellum avant la letter, tracing important writings on the transition to peace from Augustine, Aquinas, and Kant to more modern jurists and scholars. It explores definitional aspects of
jus post bellum, including current its relationship to sister terms and related fields. It also critically evaluates the current state and possibilities for future development of the law and normative principles that apply to the transition to peace. Peacebuilders, scholars, and diplomats will find this book a crucial resource.
Interests and Interest-Holders
This book casts new light on the application of the principle of proportionality in international law. Proportionality is claimed to play a central role in governing the exercise of public power in international law and has been presented as the ‘ultimate rule of law’. It has also been the subject of fierce criticism: it is argued that it leads to unreflexive and arbitrary application of the law and deprives rights of their role as a ’firewall’ protecting individuals. But the debate on proportionality has tended to focus on the question of ‘how’ proportionality should be carried out. Much less attention has been devoted to the question of ‘who’.
This edited volume bring together scholars from a wide range of areas of international law to consider that question: whose interests are at stake when courts and other legal authorities apply the principle of proportionality? In so doing, this volume casts new light on the role which proportionality can play in international law, in shaping and modulating the power relations between the different entities governed by it.
This edited volume bring together scholars from a wide range of areas of international law to consider that question: whose interests are at stake when courts and other legal authorities apply the principle of proportionality? In so doing, this volume casts new light on the role which proportionality can play in international law, in shaping and modulating the power relations between the different entities governed by it.
Interests and Interest-Holders
This book casts new light on the application of the principle of proportionality in international law. Proportionality is claimed to play a central role in governing the exercise of public power in international law and has been presented as the ‘ultimate rule of law’. It has also been the subject of fierce criticism: it is argued that it leads to unreflexive and arbitrary application of the law and deprives rights of their role as a ’firewall’ protecting individuals. But the debate on proportionality has tended to focus on the question of ‘how’ proportionality should be carried out. Much less attention has been devoted to the question of ‘who’.
This edited volume bring together scholars from a wide range of areas of international law to consider that question: whose interests are at stake when courts and other legal authorities apply the principle of proportionality? In so doing, this volume casts new light on the role which proportionality can play in international law, in shaping and modulating the power relations between the different entities governed by it.
This edited volume bring together scholars from a wide range of areas of international law to consider that question: whose interests are at stake when courts and other legal authorities apply the principle of proportionality? In so doing, this volume casts new light on the role which proportionality can play in international law, in shaping and modulating the power relations between the different entities governed by it.
The Baltic Yearbook of International Law joined the family of legal publications in 2001. It is an annual publication containing contributions on topical issues in international law and related fields that are relevant to Baltic affairs and beyond. Each
Yearbook focuses on a theme with particular importance to the development of international law. The
Yearbook serves as an important source of information not available elsewhere on the practices of Estonia, Latvia and Lithuania in international law.
Despite a clear Baltic ownership, the Yearbook aims at contributing to the development of thought, standard-setting and relevant practices throughout the world. The topical coverage has included the questions surrounding the claims of the Baltic States to their State continuity in international law; related issues of State responsibility; various challenges in international human rights law with focus on bioethics and human rights; and the enlargement of the European Union.
The Baltic Yearbook of International Law is also available online.
Despite a clear Baltic ownership, the Yearbook aims at contributing to the development of thought, standard-setting and relevant practices throughout the world. The topical coverage has included the questions surrounding the claims of the Baltic States to their State continuity in international law; related issues of State responsibility; various challenges in international human rights law with focus on bioethics and human rights; and the enlargement of the European Union.
The Baltic Yearbook of International Law is also available online.
Series:
International Law and Human Rights E-Books Online, Volume: 2021 and
Human Rights and Humanitarian Law E-Books Online, Volume: 2021
Brill´s Human Rights and Humanitarian Law E-Books Online, Collection 2021 is the electronic version of the book publication program of Brill in the field of Human Rights and Humanitarian Law in 2021.
Coverage:
Human Rights, Refugee Law, Immigration Law, Health Law, Children’s Rights, Minority and Group Rights, Humanitarian Law, International Criminal Law
This E-Book Collection is part of Brill´s Human Rights and Humanitarian Law E-Books Online Collection.
The title list and free MARC records are available for download here.
For other pricing options, consortium arrangements and free 30-day trials contact us at sales-us@brill.com (the Americas) or sales-nl@brill.com (Europe, Middle East, Africa & Asia-Pacific).
Coverage:
Human Rights, Refugee Law, Immigration Law, Health Law, Children’s Rights, Minority and Group Rights, Humanitarian Law, International Criminal Law
This E-Book Collection is part of Brill´s Human Rights and Humanitarian Law E-Books Online Collection.
The title list and free MARC records are available for download here.
For other pricing options, consortium arrangements and free 30-day trials contact us at sales-us@brill.com (the Americas) or sales-nl@brill.com (Europe, Middle East, Africa & Asia-Pacific).
Volume 2 (2019)
The
Yearbook of International Disaster Law aims to represent a hub for critical debate in this emerging area of research and policy and to foster the interest of academics, practitioners, stakeholders and policy-makers on legal and institutional issues relevant to all forms of natural, technological and human-made hazards. This Yearbook primarily addresses the international law dimension of relevant topics, alongside important regional and national dimensions relevant for further development of legal and policy initiatives. The Thematic Section of Volume 2, entitled ‘Disasters and…: Exploring New Areas of Research’, was conceived to critically assess the relationship between disasters and a variety of different branches, topics or theoretical approaches pertaining to international law, as a means of focusing attention toward less explored and emerging fields of study and practice.
Volume 2 (2019)
The
Yearbook of International Disaster Law aims to represent a hub for critical debate in this emerging area of research and policy and to foster the interest of academics, practitioners, stakeholders and policy-makers on legal and institutional issues relevant to all forms of natural, technological and human-made hazards. This Yearbook primarily addresses the international law dimension of relevant topics, alongside important regional and national dimensions relevant for further development of legal and policy initiatives. The Thematic Section of Volume 2, entitled ‘Disasters and…: Exploring New Areas of Research’, was conceived to critically assess the relationship between disasters and a variety of different branches, topics or theoretical approaches pertaining to international law, as a means of focusing attention toward less explored and emerging fields of study and practice.
The European Convention on Human Rights is now crucial to decisions to be taken by the military and their political leaders in ‘hard power’ situations – that is, classical international and non-international armed conflict, belligerent occupation, peacekeeping and peace-enforcing and anti-terrorism and anti-piracy operations, but also hybrid warfare, cyber-attack and targeted assassination. Guidance is needed, therefore, on how Convention law relates to these decisions.
That guidance is precisely what this book aims to offer. It focuses primarily on States’ accountability under the Convention, but also shows that human rights law, used creatively, can actually help States achieve their objectives.
That guidance is precisely what this book aims to offer. It focuses primarily on States’ accountability under the Convention, but also shows that human rights law, used creatively, can actually help States achieve their objectives.
The European Convention on Human Rights is now crucial to decisions to be taken by the military and their political leaders in ‘hard power’ situations – that is, classical international and non-international armed conflict, belligerent occupation, peacekeeping and peace-enforcing and anti-terrorism and anti-piracy operations, but also hybrid warfare, cyber-attack and targeted assassination. Guidance is needed, therefore, on how Convention law relates to these decisions.
That guidance is precisely what this book aims to offer. It focuses primarily on States’ accountability under the Convention, but also shows that human rights law, used creatively, can actually help States achieve their objectives.
That guidance is precisely what this book aims to offer. It focuses primarily on States’ accountability under the Convention, but also shows that human rights law, used creatively, can actually help States achieve their objectives.
When can a state give political support to a military intervention in another state? The Government of the Netherlands commissioned an international Expert Group composed of eminent members from the fields of international law, international relations and diplomacy. The Expert Group’s objective was to examine this complex, topical and time-sensitive question and to consider whether the government should press for international acceptance of humanitarian intervention as a new legal basis for the use of force between states in exceptional circumstances. This volume is the result of those efforts. The Expert Group was led by Professor Cyrille Fijjnaut and consisted of Mr. Kristian Fischer, Professor Terry Gill, Professor Larissa van den Herik, Professor Martti Koskenniemi, Professor Claus Kreß, Mr. Robert Serry, Ms. Monika Sie Dhian Ho, Ms. Elizabeth Wilmshurst and Professor Rob de Wijk. Their thorough analysis and recommendations offer important insights that can aid governments in formulating a position on political support for the use of force between states and humanitarian intervention. The volume also constitutes a useful tool for scholars and practitioners in considering these difficult and important issues.
From the Foreword by Stef Blok, Minister of Foreign Affairs of the Netherlands:
"The Expert Group’s thorough analysis and recommendations on this complex subject offer important insights that can aid the government in formulating its position on political support for the use of force between states and humanitarian intervention. In drawing up this advisory report the Expert Group has helped the government develop a new, contemporary vision on these issues...."
From the Foreword by Stef Blok, Minister of Foreign Affairs of the Netherlands:
"The Expert Group’s thorough analysis and recommendations on this complex subject offer important insights that can aid the government in formulating its position on political support for the use of force between states and humanitarian intervention. In drawing up this advisory report the Expert Group has helped the government develop a new, contemporary vision on these issues...."
When can a state give political support to a military intervention in another state? The Government of the Netherlands commissioned an international Expert Group composed of eminent members from the fields of international law, international relations and diplomacy. The Expert Group’s objective was to examine this complex, topical and time-sensitive question and to consider whether the government should press for international acceptance of humanitarian intervention as a new legal basis for the use of force between states in exceptional circumstances. This volume is the result of those efforts. The Expert Group was led by Professor Cyrille Fijjnaut and consisted of Mr. Kristian Fischer, Professor Terry Gill, Professor Larissa van den Herik, Professor Martti Koskenniemi, Professor Claus Kreß, Mr. Robert Serry, Ms. Monika Sie Dhian Ho, Ms. Elizabeth Wilmshurst and Professor Rob de Wijk. Their thorough analysis and recommendations offer important insights that can aid governments in formulating a position on political support for the use of force between states and humanitarian intervention. The volume also constitutes a useful tool for scholars and practitioners in considering these difficult and important issues.
From the Foreword by Stef Blok, Minister of Foreign Affairs of the Netherlands:
"The Expert Group’s thorough analysis and recommendations on this complex subject offer important insights that can aid the government in formulating its position on political support for the use of force between states and humanitarian intervention. In drawing up this advisory report the Expert Group has helped the government develop a new, contemporary vision on these issues...."
From the Foreword by Stef Blok, Minister of Foreign Affairs of the Netherlands:
"The Expert Group’s thorough analysis and recommendations on this complex subject offer important insights that can aid the government in formulating its position on political support for the use of force between states and humanitarian intervention. In drawing up this advisory report the Expert Group has helped the government develop a new, contemporary vision on these issues...."
In
Irrational Human Rights? An Examination of International Human Rights Treaties Naiade el-Khoury pursues the question how effective international human rights treaties really are and offers a discussion on the effects of treaty mechanisms. Such an examination as to the effects of international human rights treaties, or rather their limits, puts prevalent views of international law to the test. In doing so, this book convincingly argues that rational theories are inadequate to grasp the full effect of international human rights treaties.
In
Irrational Human Rights? An Examination of International Human Rights Treaties Naiade el-Khoury pursues the question how effective international human rights treaties really are and offers a discussion on the effects of treaty mechanisms. Such an examination as to the effects of international human rights treaties, or rather their limits, puts prevalent views of international law to the test. In doing so, this book convincingly argues that rational theories are inadequate to grasp the full effect of international human rights treaties.
Collected Essays by Michael Bothe
Professor Michael Bothe is one of the most prominent and influential scholars of international humanitarian law. His publications on legal restraints on the use of military force were not only important at the time of their publication. They continue to be relevant for the interpretation and further development of this highly important area of international law. This volume uniquely collects a wealth of writings that demonstrate that political ideals coupled with a sense of human responsibility can benefit from solid doctrinal underpinnings in international law. Michael Bothe's work brings together idealism, pragmatism and the law in a unique fashion that not only provides insights into important matters of every day politics but also serves as a stimulus for future contributions to the field. The volume thus provides guidance, food for thought and incentives for debate in the international legal community, among practitioners and academics alike. Michael’s doctrinal skills, combined with his contextualized assessment of the law, and his deep empathy for the needs of human beings in difficult situations, with a particular view to the victims of armed conflict, will provide a stimulus to scholars to address these issues in the future.
Collected Essays by Michael Bothe
Professor Michael Bothe is one of the most prominent and influential scholars of international humanitarian law. His publications on legal restraints on the use of military force were not only important at the time of their publication. They continue to be relevant for the interpretation and further development of this highly important area of international law. This volume uniquely collects a wealth of writings that demonstrate that political ideals coupled with a sense of human responsibility can benefit from solid doctrinal underpinnings in international law. Michael Bothe's work brings together idealism, pragmatism and the law in a unique fashion that not only provides insights into important matters of every day politics but also serves as a stimulus for future contributions to the field. The volume thus provides guidance, food for thought and incentives for debate in the international legal community, among practitioners and academics alike. Michael’s doctrinal skills, combined with his contextualized assessment of the law, and his deep empathy for the needs of human beings in difficult situations, with a particular view to the victims of armed conflict, will provide a stimulus to scholars to address these issues in the future.
The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law (ICL). As a nascent legal regime that seeks to regulate the longstanding power of states to manage war and crime, ICL faces challenges to its legitimacy, including disagreement over its aims and effectiveness; inequality in the work of its institutions; and opposition from dominant countries. The editors bring together eleven senior and emerging scholars and practitioners from Europe, Asia, Africa, Australia and North America to analyse these challenges from an illuminating range of theoretical and empirical perspectives. Taken together, the collection ultimately helps advance our understanding of the particularly charged relationship between law and politics in ICL.
The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law (ICL). As a nascent legal regime that seeks to regulate the longstanding power of states to manage war and crime, ICL faces challenges to its legitimacy, including disagreement over its aims and effectiveness; inequality in the work of its institutions; and opposition from dominant countries. The editors bring together eleven senior and emerging scholars and practitioners from Europe, Asia, Africa, Australia and North America to analyse these challenges from an illuminating range of theoretical and empirical perspectives. Taken together, the collection ultimately helps advance our understanding of the particularly charged relationship between law and politics in ICL.