Suchergebnisse

In the chilling atmosphere of the cold war, attention is more readily turned to the politics of power and to concepts of the national interest than to international law and the services it may perform. Indeed, two distinguished writers have recently warned us against what George Kennan calls "the legalisticmoralistic approach to international problems," or "the belief that it should be possible to suppress the chaotic and dangerous aspirations of governments in the international field by the acceptance of some system of legal rules and restraints," "some formal criteria of a juridical nature by which the permissible behavior of states could be defined," instead of by dealing with "awkward conflicts of national interest … on their merits with a view to finding the solutions least unsettling to the stability of international life." Instead of "making ourselves slaves of the concepts of international law and morality," Kennan writes, we should "confine these concepts to the unobtrusive, almost feminine, function of the gentle civilizer of national self-interest in which they find their true value."

Japan's new security legislation, enacted on September 30, 2015 amid fierce debate over its constitutionality, is designed to enable a "seamless response" to any security situation that may arise. While public debate has been fixated on the re-interpretation of Article 9 of the Japanese Constitution, which underpins the theoretical foundation of this new legislation, there are also important international law issues that need to be addressed. After briefly reviewing the historical background leading to the adoption of the new security legislation and its contents, this article examines how the Self-Defense Force (SDF) can respond with the use of force to contemporary security issues within the new legislative framework, while also complying with the relevant rules of international law. It examines three different situations in which the SDF may find itself operating: "gray zone" situations; peacekeeping operations with a mandate to protect civilians; and collective self-defense. It concludes that while the new security legislation goes some way to mend the unravelled seams left by the previous legislative regime, disjuncture between the new legislative regime and relevant rules of international law remains, leaving gaps and uncertainties that can be exploited by hostile actors.

Preliminary Material /Jure Vidmar and Ruth Kok -- Hague Conference on Private International Law – Work in 2014: The Permanent Bureau of the Hague Conference on Private International Law /Jure Vidmar -- Disability, Repressive Regimes, and Health Disparity: Assessing Country Conditions in North Korea /Jae-Chun Won , Janet E. Lord , Michael Ashley Stein and Yosung Song -- Quelques réflexions sur un possible règlement du diffférend maritime frontalier entre l'Azerbaïdjan et le Turkménistan en mer Caspienne /Khagani Guliyev -- Interpreting Requests for ICJ Advisory Opinions: Saying What You Mean or Meaning What You Say? /Panos Merkouris -- Does the Population of the Falkland Islands (Malvinas) Really Have the Right to Self-Determination? /Fabián Raimondo -- To Complicity… and Beyond! Passive Assistance and Positive Obligations in International Law /Alexander A.D. Brown -- Nationalizing International Criminal Law in Palestine: The Challenge of Complementarity /Mutaz M. Qafisheh -- About the Editorial Board /Jure Vidmar and Ruth Kok.

Shipping list no: 2012-0024-P. ; Includes bibliographical references and index. ; Combating terrorists : legal challenges in the Post-9/11 World / Nicholas Rostow -- Mission impossible? international law, and the changing character of war / John F. Murphy -- Cyber attacks as "Force" under UN Charter Article 2(4) / Matthew C. Waxman -- Low-intensity computer network attack and self-defense / Sean Watts -- Cyber operations and the Jus in Bello : key issues / Michael N. Schmitt -- Who may be held? military detention through the Habeas Lens / Robert M. Chesney -- The changing character of the participants in war : civilianization of warfighting and the concept of "direct participation in hostilities" / Charles Garraway -- Direct participation in hostilities and the interoperability of the law of armed conflict and human rights law / Françoise J. Hampson -- Use of unmanned systems to combat terrorism / Raul A. "Pete" Pedrozo -- New technology and the law of armed conflict / Darren M. Stewart -- The law of armed conflict in asymmetric urban armed conflict / David E. Graham -- Lawfare today . and tomorrow / Charles J. Dunlap, Jr. -- The age of lawfare / Dale Stephens -- Warning civilians prior to attack under international law : theory and practice / Pnina Sharvit Baruch and Noam Neuman -- The changing character of public legal scrutiny of operations / Rob McLaughlin -- Litigating how we fight / Ashley S. Deeks -- Asymmetric warfare : how to respond? / Wolff Heintschel von Heinegg -- Concluding remarks : LOAC and attempts to abuse or subvert it / Yoram Dinstein. ; Mode of access: Internet.