Anti-Personnel Mines under Humanitarian Law: A View From the Vanishing Point considers in depth the various customary and conventional legal regimes applicable to the use of anti-personnel mines. All involved with the global effort to control and eliminate anti-personnel mines as well as the policy-makers who are concerned about the devastation resulting from the widespread deployment of these arbitrary weapons need to familiarize themselves with the information presented in this timely volume.
Published under the Transnational Publishers imprint.
This work brings together the papers presented at a conference on `New Dimensions of Peacekeeping' which was convened at the Graduate Institute of International Studies in Geneva in March 1994. The papers address the new role of peacekeeping (including peacekeeping and peace enforcement) which is now emerging and also places an emphasis upon the role of the `newcomers' in peacekeeping, specifically Japan and Germany. The collection of papers, by many distinguished scholars in the field, actively discusses both the strengths and weaknesses of the United Nations peacekeeping efforts in meeting the increasing demands placed upon it due to the enormous upsurge in ethnic, religious and other local conflicts.
`The 1990s have seen wide swings in public opinion towards United Nations Peacekeeping. The euphoria and high expectations regarding what the United Nations can deliver have been replaced by the rude shocks and deflated assessments of its capacity to successfully cope with conflicts. In this context, it would be highly desirable that a judicious balance be struck in the evaluation of United Nations peacekeeping activities, which takes fully into account the great potential they have for contributing to international peace and security and to the reduction of human suffering. At the same time, such a review should include a candid discussion regarding the weaknesses and shortcomings of peacekeeping activities.
' (Excerpt from the Introduction by
Yasushi Akashi,Chiefof Mission of the United Nations Protection Force (UNPROFOR) inthe former Yugoslavia)
The purpose of this book is to describe and analyse the instrumental role European naval forces might play in developing and sustaining a future foreign and security policy for the community of European states. First, Europe's rapidly changing security environment is analysed with a keen eye for the possible development of a European `grand strategy' (foreign and security policy) for the near and longer term future. Derived from this analysis, the present context and possible future directions are established for a common European maritime strategy.
Next, the theoretical challenges and the practical solutions are discussed vis-à-vis the primary tasks and capabilities of European naval forces, the execution of naval operations (including the provision of seapower) in defence of strategic European interests. Then, the issue of good governance at sea is addressed. The requirement for naval involvement in policing the seas and a concept for a European approach to `good governance at sea' are discussed. In conclusion, the relevance of the United Nations Convention on the Law of the Sea (UNCLOS) is scrutinized. Special attention is paid to the potential for a joint European-UNCLOS initiative and its associated instruments.
The individual chapters are contributed by leading experts in the field of international and maritime security affairs. This book will be of interest to European policy makers, naval planners, officers- under-training in naval and defence academies and maritime institutes, and students in international relations and maritime law.
The Markland Group is a Canadian non-governmental organization founded in 1987 by Douglas Scott. It is composed of lawyers, academics and other professionals with a special interest in the compliance aspects of disarmament treaties. The Canadian Council on International Law was founded in 1972 to represent Canadian international law practitioners and academics and to facilitate and promote the study of international legal problems by scholars and professionals.
These two organizations joined forces in March 1995 to conduct a workshop on compliance, a topic which they felt had received insufficient attention from the international legal community. Thirty-eight experts from Canada, the United States and Great Britain were assembled for a series of meetings at the University of Toronto under the chairmanship of Walter Dorn and Christine Elwell. Five of the papers presented at the workshop have since been edited, expanded and updated for publication in this volume. The papers analyse compliance measures under various treaties, with particular attention being given to: The Biological Weapons Convention; the Chemical Weapons Convention; the Nuclear Non-Proliferation Treaty (Safeguards); Trade and Environment Compliance Measures; and International Humanitarian Law Compliance and Enforcement Mechanisms and their potential impact on Arms Control and Disarmament Treaties.
The Markland Group and the CCIL believe that the study of treaty compliance methodology is still in its infancy. The development of effective, reliable and acceptable compliance systems is imperative, particularly for treaties dealing with disarmament. It is hoped that this volume will provide an impetus for enhanced study of this crucial issue.
This book aims at defining a rationale for the continued use of military armed force(s) by states. Central to this publication are the answers to fundamental questions pertaining to the convention of war, as formulated by Martin van Creveld: `to define just who is allowed to kill whom, for what ends, under what circumstances, and by what means'. Above all, the authors take into account developments and trends within the elements of the Clausewitzian trinity supporting the Westphalian nation-state: `The People (or the Society)', `The Government' and 'The Armed Forces (or The Military)'.
The change in the Atlantic-European security environment, and the effects that this will have on the form and content of national and multilateral security strategies and doctrines, form the background to this publication. Moreover, the possible impact of societal changes on West European states, as a consequence of European integration, are analysed and discussed. Finally, the consequences of 'out-of-area' and police-type functions for armed forces in addition to the classical defence role are related to the size and composition of future forces.
First, in Chapters Two (Martin van Creveld) and Three (Jan Geert Siccama), the Clausewitzian dictum, trinitarian theory, and the - absence of - alternative theories of warfare are discussed. Next, Chapters Four (Zeev Maoz) and Five (Jan van der Meulen) deal with societal changes and trends within Western Society at large which affect the future use of armed forces. Chapters Six (Koen Koch) and Seven (Jaap de Wilde) concentrate on the future relevance of the nation-state and the governing bodies in relation to the ongoing process of European political integration and multilateralization of diplomatic interaction. Chapters Eight (Jan Willem Honig), Nine (Kees Homan), and Ten (Robert Bunker) address how present-day changes and trends affect the armed forces. Respectively, the authors address issues relating to military strategy, personnel, and technology. Finally, Chapter Eleven (Gert de Nooy and Rienk Terpstra) provides an overview of topical highlights and tentative conclusions emanating from both the chapters and the discussions held during the workshop held in conjunction with this book.
This book will be of interest to European policy-makers, defence planners, officers-under-training in military and defence academies, and students of international relations, political science and security.
One needs to learn from the experience of the individual, from specific real-life situations, where and how the law can promote justice. This is a desideratum that goes beyond the mere question of whether the application of a rule is compatible with fundamental rights and human rights treaties. Law that acknowledges human dignity, the first desideratum that follows from the acknowledgement of that human dignity as the most basic fundamental right, operates in a dynamic of detachment to ensure equality and proximity to the individual to reflect the uniqueness of the lives we live. To illustrate the author takes a number of examples from those fields of law that impinge most closely on the lives of individuals – criminal law, family law, and immigration law. It is there that the law touches on the intimacy of human lives. Perhaps paradoxically, the importance of this is heightened by the formation of the cross-border, European, and global networks of relationships that increasingly shape our lives. The interconnectedness of our lives and how that transcends the boundaries of culture, language, and state determines the realities of the law in the twenty-first century and requires us to consider carefully the interconnection of the general with the personal.
International Criminal Law has become a mainstream subject. While it was hardly taught at law faculties at the time of the first edition of this book (1996), it is now highly featured in academic curricula. Practitioners, academics and political decision makers are increasingly confronted with this discipline.
Within the framework of the United Nations and the European Union, but also in other regional bodies, there has been a dramatic increase in the conventions on various aspects of international criminal law. In fact much of the day-to-day work of lawyers around the globe is about the subject. International criminal law is gradually supple-menting human rights as the standard to assess governments and individuals. In the process, it has become part of the vocabulary of the general public. Many recent crisis situations have contributed to this phenomenon, from 11/9 and the wars in Afghanistan and Iraq to the Arab spring and SC Resolution 1973 (2011) giving effect to R2P in Libya.
International criminal courts, which until some time ago, were still somewhat exotic, are now part of the mainstream international judicial establishment. The UN ad hoc tribunals together with the mixed tribunals and special courts have substantially con-tributed to the development of international criminal jurisprudence. Meanwhile the International Criminal Court is in full operation, delivering its first landmark decisions and dealing with an increasing number of situations and cases.
In the European Union, the Lisbon Treaty is representing an important step towards the growing integration in the field of criminal law and procedure. A comparable trend is incipient in many other regions and organisations.
This collection is meant to guide students and practitioners through the labyrinth of international criminal law instruments. It comprises international (universal) and Euro-pean conventions, while also including other regional instruments (AU/OAU, ASEAN, the Commonwealth, OAS and SAARC).