Essays on Law and War at the Fault Lines - download pdf or read online

By Michael N. Schmitt

ISBN-10: 9067047392

ISBN-13: 9789067047395

This choice of essays via Professor Michael N. Schmitt of Durham collage attracts jointly these of his articles released during the last 20 years that experience explored specific fault traces within the legislation of armed clash. As such, they learn the advanced interaction among war and legislations, trying to determine the place the legislation and struggle seem to diverge, and the place such obvious divergence may be accommodated via contextual interpretation of the legislations. every one essay examines a specific factor in both the jus advert bellum (the legislations governing hotel to strength) or jus in bello (international humanitarian legislation) that has confirmed contentious when it comes to utilising extant norms to the evolving face of armed clash. one of the issues addressed are counter-terrorism, cyber operations, asymmetrical conflict, assassination, environmental struggle and the participation of civilians in hostilities.

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Extra info for Essays on Law and War at the Fault Lines

Example text

The dilemma lies in the fact that CNA spans the spectrum of consequentiality. , shutting down power to a hospital with no back-up generators). It can affect economic, social, mental, and physical well-being, either directly or indirectly, and its potential scope grows almost daily, being capable of targeting everything from individual persons or objects to entire societies. N. Charter Article 41. 2 Computer Network Attack as a Use of Force 25 network attack would fall in the ambit of this characterization.

G. v. G. v. J. 3, 44 (Feb. 20). J. 4, 98–101, 147. 96 Id. at 100. The Court did not actually catalogue state practice; instead, it merely noted that state conduct was generally consistent with the rule. Randelzhofer labels this line of argument ‘‘highly disputable’’. Randelzhofer 1995a, b, at 126. 97 The Court cited the unanimous adoption in 1970 of the Declaration on Friendly Relations, Rauschning et al. 1997. J. 4, 100. Recall that the Declaration reiterated the language of Article 2(4). For criticism of this approach, see D’Amato 1987.

Kelsen 1956. ’’ Brownlie 1963, at 362. 22 1 Computer Network Attack and the Use of Force in International Law [W]hile arming and training of the contras can certainly be said to involve the threat or use of force against Nicaragua, this is not necessarily so in respect of all assistance given by the United States Government. 71 Assuming the Court accurately characterized the state of the law, the dimensions of the armed force box grew slightly. In what was tantamount to an application of agency theory, the Court determined that force apparently includes actively and directly preparing another to apply armed force, but not merely funding the effort.

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Essays on Law and War at the Fault Lines by Michael N. Schmitt


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