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The Iraq War and International Law

Editat de Philip Shiner, Andrew Williams
en Limba Engleză Hardback – 16 sep 2008
The decision by the US and UK governments to use military force against Iraq in 2003 and the subsequent occupation and administration of that State, has brought into sharp focus fundamental fault lines in international law. The decision to invade, the conduct of the war and occupation and the mechanisms used to administer the country all challenge the international legal community placing it at a crossroads. When can the use of force be justified? What are the limits of military operations? What strength does international criminal law possess in the face of such interventions? How effective is the international regime of human rights in these circumstances? What role does domestic law have to play? How the law now responds and develops in the light of these matters will be of fundamental global importance for the 21st century and an issue of considerable political and legal concern. This book explores this legal territory by examining a number of issues fundamental to the future direction of international law in the War's aftermath. Consideration is also given to the impact on UK law. Both practical and academic perspectives are taken in order to scrutinise key questions and consider the possible trajectories that international law might now follow.
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Specificații

ISBN-13: 9781841136691
ISBN-10: 1841136697
Pagini: 358
Dimensiuni: 156 x 234 x 28 mm
Greutate: 0.75 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Adopting both practical and academic perspectives, this book explores a number of issues fundamental to the future direction of international law in the War's aftermath.

Notă biografică

Andrew Williams is an Associate Professor in the School of Law at the University of Warwick, and author of 'EU Human Rights Policies: A Study in Irony' (2004 OUP) as well as a number of journal articles on human rights. Phil Shiner is an Honorary Professor at the London Metropolitan University and a Visiting Fellow at the London School of Economics. He has also been active as a human rights practitioner litigating various cases in UK courts concerning the death and torture of Iraqi civilians in detention and the unlawful killings of civilians by forces exercising policing functions.

Cuprins

1. The Iraq War and International Law: By Way of an IntroductionAndrew Williams2. The Iraq War, International Law and the Search for Legal AccountabilityPhil Shiner3. The Challenges of Counter-proliferation: Law and Policy of the Iraq InterventionDaniel H Joyner4. The Iraq War: Issues of International Humanitarian Law and International Criminal LawNicholas Grief 5. International Criminal Law and IraqAndrew Williams6. Complicity before the International Criminal Tribunals and Jurisdiction over IraqWilliam A Schabas7. The Continuing Occupation? Issues of Joint and Several Liability and Effective ControlChristine Chinkin8. A Plurality of Responsible Actors: International Responsibility for Acts of the Coalition Provisional Authority in IraqStefan Talmon9. Justiciability in the Areas of Foreign Relations and DefenceRabinder Singh10. Responsibility for Troops Abroad: UN-Mandated Forces and Issues of Human Rights AccountabilityKeir Starmer11. How will the European Court of Human Rights deal with the UK in Iraq? Lessons from Turkey and RussiaBill Bowring12. The Future for International Law after IraqSir Nigel Rodley13. Between Hope and Despair: The Iraq War and International Law Futures?Jayan Nayar

Recenzii

.adds exceptionally useful insights about the legal construct of this somewhat sprawling subject. Its authors are a veritable Who's who of experts in International Law, who represent a diverse array of represented countries.This work product is well-written, well-documented, and an excellent resource for authoritative assessments of the daunting issues that will surely extend into at least the next generation of International Law quagmires spawned by the Iraq War.
As an intellectual signpost this compilation is as stimulating for academics as it is for practitioners. The former will gain a horizon-widening experience through certain landscapes of contemporary ius belli, without the risk of losing themselves in the lofty regions of idealism.The latter may gain more understanding of certain thought-provoking opinions and conclusions, not only in the laws of armed conflict but also those of human rights.A detailed introduction, tables of litigation and cases and a thorough index, complete this interesting compilation.

Descriere

This book explores the decision by the US and UK governments to use military force against Iraq in 2003 and the subsequent occupation of the State.