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Author: Martina Kolanoski
Publisher: BRILL
Published: 2022-07-18
Total Pages: 212
ISBN-13: 9004472444
DOWNLOAD EBOOK →The book provides a detailed praxeological analysis of a single NATO-airstrike in Afghanistan as a vivid example of how an event and its ex-post accountings shape and specify the legally required protection of civilians in armed conflict.
Author: Mladen Ostojic
Publisher: Routledge
Published: 2016-04-15
Total Pages: 283
ISBN-13: 1317174992
DOWNLOAD EBOOK →Exploring the impact of the International Criminal Tribunal (ICTY) on regime change in Serbia, this book examines the relationship between international criminal justice and democratisation. It analyses in detail the repercussions of the ICTY on domestic political dynamics and provides an explanatory account of Serbia's transition to democracy. Lack of cooperation and compliance with the ICTY was one of the biggest obstacles to Serbia's integration into Euro-Atlantic political structures following the overthrow of Milosevic. By scrutinising the attitudes of the Serbian authorities towards the ICTY and the prosecution of war crimes, Ostojic explores the complex processes set in motion by the international community's policies of conditionality and by the prosecution of the former Serbian leadership in The Hague. Drawing on a rich collection of empirical data, he demonstrates that the success of international judicial intervention is premised upon democratic consolidation and that transitional justice policies are only ever likely to take root when they do not undermine the stability and legitimacy of political institutions on the ground.
Author: Peter Rowe
Publisher: Routledge
Published: 2016-04-20
Total Pages: 274
ISBN-13: 1317540336
DOWNLOAD EBOOK →This book discusses the manner in which Britain’s wars, which took place between 2000 and 2015, have interacted with the relevant principles of international law and English law for the purpose, primarily, of considering legal accountability. During a debate in the House of Lords in 2005 a former Chief of the Defence Staff commented that ‘the Armed Forces are under legal siege.’ The book will discuss the major legal issues which have arisen, ranging from the various votes in Parliament to go to war, the constitutional relationship between ministers and senior commanders, the right under international law to use force, the influence of human rights law, the role of the courts in England (including the coroners’ courts), to the legal regime applying to the conduct of UK military operations. It will assess critically whether the armed forces will now have to accept that operations conducted outside the UK are subject to greater legal scrutiny than previously and whether, if this is the case, it is likely to hinder their future military activities. This book will be of great interest to scholars of international law, the law of armed conflict, military studies and international relations, as well as to those with a professional or other interest in the subject matter.
Author: Mark Bovens
Publisher: Oxford University Press
Published: 2014-04
Total Pages: 737
ISBN-13: 0199641250
DOWNLOAD EBOOK →Drawing on the best scholars in the field from around the world, this handbook showcases conceptual and normative as well as the empirical approaches in public accountability studies.
Author: Shane Darcy
Publisher: Cambridge University Press
Published: 2014-08-07
Total Pages: 395
ISBN-13: 1139993151
DOWNLOAD EBOOK →International courts and judicial bodies play a formative role in the development of international humanitarian law. Judges, Law and War examines how judicial bodies have influenced the substantive rules and principles of the law of armed conflict, and studies the creation, application and enforcement of this corpus of laws. Specifically, it considers how international courts have authoritatively addressed the meaning and scope of particular rules, the application of humanitarian law treaties and the customary status of specific norms. Key concepts include armed conflicts and protected persons, guiding principles, fundamental guarantees, means and methods of warfare, enforcement and war crimes. Consideration is also given to the contemporary place of judicial bodies in the international law-making process, the challenges presented by judicial creativity and the role of customary international law in the development of humanitarian law.
Author: Michael A. Peters
Publisher: Springer
Published: 2017-09-18
Total Pages: 0
ISBN-13: 9789812875877
DOWNLOAD EBOOK →This encyclopaedia is a dynamic reference and study place for students, teachers, researchers and professionals in the field of education, philosophy and social sciences, offering both short and long entries on topics of theoretical and practical interest in educational theory and philosophy by authoritative world scholars representing the full ambit of education as a rapidly expanding global field of knowledge and expertise. This is an encyclopaedia that is truly global and while focused mainly on the Western tradition is also respectful and representative of other knowledge traditions. It professes to understand the globalization of knowledge. It is unique in the sense that it is based on theoretical orientations and approaches to the main concepts and theories in education, drawing on the range of disciplines in the social sciences. The encyclopaedia privileges the "theory of practice", recognizing that education as a discipline and activity is mainly a set of professional practices that inherently involves questions of power and expertise for the transmission, socialization and critical debate of competing norms and values.
Author: Hin-Yan Liu
Publisher: Bloomsbury Publishing
Published: 2015-09-24
Total Pages: 333
ISBN-13: 1782259627
DOWNLOAD EBOOK →When faced with those who act with impunity, we seek the protection of law. We rely upon the legal system for justice, from international human rights law that establishes common standards of protection, to international criminal law that spearheads efforts to end impunity for the most heinous atrocities. While legal processes are perceived to combat impunity, and despite the ready availability of the law, accountability often remains elusive. What if the law itself enables impunity? Law's Impunity asks this question in the context of the modern Private Military Company (PMC), examining the relationship between law and the concepts of responsibility and impunity. This book proposes that ordinary legal processes do not neutralise, but rather legalise impunity. This radical idea is applied to the abysmal record of human rights violations perpetrated by the modern PMC and the shocking absence of accountability. This book demonstrates how the law organises, rather than overcomes, impunity by detailing how the modern PMC exploits ordinary legal processes to systematically exclude itself from legal responsibility. Thus, Law's Impunity offers an alternative to conventional thinking about the law, providing an innovative approach to assess and refine the rigour of legal processes in the ongoing quest to end impunity.
Author: Rebecca Sanders
Publisher: Oxford University Press
Published: 2018-08-01
Total Pages: 256
ISBN-13: 0190870567
DOWNLOAD EBOOK →In many ways, the United States' post-9/11 engagement with legal rules is puzzling. Officials in both the Bush and Obama administrations authorized numerous contentious counterterrorism policies that sparked global outrage, yet they have repeatedly insisted that their actions were lawful and legitimate. In Plausible Legality, Rebecca Sanders examines how the US government interpreted, reinterpreted, and manipulated legal norms and what these justificatory practices imply about the capacity of law to constrain state violence. Through case studies on the use of torture, detention, targeted killing, and surveillance, Sanders provides a detailed analysis of how policymakers use law to achieve their political objectives and situates these patterns within a broader theoretical understanding of how law operates in contemporary politics. She argues that legal culture--defined as collectively shared understandings of legal legitimacy and appropriate forms of legal practice in particular contexts--plays a significant role in shaping state practice. In the global war on terror, a national security culture of legal rationalization encouraged authorities to seek legal cover-to construct the plausible legality of human rights violations-in order to ensure impunity for wrongdoing. Looking forward, law remains vulnerable to evasion and revision. As Sanders shows, despite the efforts of human rights advocates to encourage deeper compliance, the normalization of post-9/11 policy has created space for future administrations to further erode legal norms.
Author: Heike Krieger
Publisher: Oxford University Press, USA
Published: 2019-08
Total Pages: 401
ISBN-13: 0198843607
DOWNLOAD EBOOK →This edited volume examines the role of international law in a changing global order. Can we, under the current significantly changing conditions, still observe an increasing juridification of international relations based on a universal understanding of values? Or are we, to the contrary, facing a tendency towards an informalization or a reformalization of international law, or even an erosion of international legal norms? Would it be appropriate to revisit classical elements of international law in order to react to structural changes, which may give rise to a more polycentric or non-polar world order? Or are we simply observing a slump in the development towards an international rule of law based on a universal understanding of values? In eleven chapters, distinguished scholars reflect on how to approach these questions from historical, system-oriented and actor-centered perspectives. The contributions engage with the rise of European international law since the 17th century, the decay of the international rule of law, compliance as an indicator for the state of international law, international law and informal law-making in times of populism, the rule of environmental law and complex problems, human rights in Europe in a hostile environment, the influence of the BRICS states on international law, the impact of non-state actors on international law, international law's contribution to global justice, the contestation of value-based norms and the international rule of law in light of legitimacy claims.
Author: Björn-Sören Gigler
Publisher: World Bank Publications
Published: 2014-05-22
Total Pages: 331
ISBN-13: 1464801916
DOWNLOAD EBOOK →Enhanced transparency, accountability, and government or donor responsiveness to people needs are imperative to achieve better and more sustainable development results on the ground. The rapid spread of new technologies is transforming the daily lives of millions of poor people around the world and has the potential to be a real game changer for development. Improved accountability and responsiveness are critical for reaching the goals of eliminating extreme poverty and promoting shared prosperity with a focus on improving the well-being of the most vulnerable and marginalized groups in society. Within the broader political economy context, many questions remain unanswered about the role that new technologies can play to act as an accelerator for closing the accountability gap. Within this context, this report brings together new evidence from leading academics and practitioners on the effects of technology-enabled citizen engagement. The report aims to address the following four main questions: how do new technologies empower communities through participation, transparency, and accountability?; are technologies an accelerator for closing the accountability gap - the space between supply (governments, service providers) and demand (citizens, communities,civil society organizations) that must be bridged for open and collaborative governance?; under what conditions does this occur?; and what are the experiences and lessons learned from existing grassroots innovators and donor-supported citizen engagement and crowdsourcing programs, and how can these programs be replicated or scaled up?. The report presents a theoretical framework about the linkages between new technologies, participation, empowerment, and the improvement of poor people's human well-being based on Amartya Sen's capability approach. The book provides rich case studies about the different factors that influence whether or not information and communication technology (ICT)-enabled citizen engagement programs can improve the delivery and quality of public services to poor communities. The report analyzes in depth both the factors and process of using new technologies to enhance the delivery of primary health services to pregnant women in Karnataka, India, and of several community mapping and crowdsourcing programs in Guinea, Haiti, Kenya, Libya, Sudan, and other countries.
