Suchergebnisse

Islamic Law and the Law of Armed Conflict: The Conflict in Pakistan demonstrates how international law can be applied in Muslim states in a way that is compatible with Islamic law. Within this broader framework of compatible application, Niaz A. Shah argues that the Islamic law of qital (i.e. armed conflict) and the law of armed conflict are compatible with each other and that the former can complement the latter at national and regional levels. Shah identifies grey areas in the Islamic law of qital and argues for their expansion and clarification. Shah also calls for new rules to be developed

Preliminary Material -- Introduction /Mathew A. Foust and Sor-hoon Tan -- 1 Confucius and the Four Books for Women (Nü Sishu «女四書») /Ann A. Pang-White -- 2 Confucian Mothering: The Origin of Tiger Mothering? /Ranjoo Seodu Herr -- 3 Beyond Sexism: The Need for an Intersectional Approach to Confucianism /George Wrisley and Samantha Wrisley -- 4 Confucian Reliability and Epistemic Agency: Engagements with Feminist Epistemology /Karyn Lai -- 5 Role Epistemology: Confucian Resources for Feminist Standpoint Theory /Kevin DeLapp -- 6 How Relational Selfhood Rearranges the Debate between Feminists and Confucians /Andrew Komasinski and Stephanie Midori Komashin -- 7 Confucian Ethics and Care: An Amicable Split? /Andrew Lambert -- 8 Confucian Role Ethics in the 21st Century: Domestic Violence, Same-sex Marriage, and Christian Family Values /Sarah A. Mattice -- 9 Contemporary Ecofeminism and Confucian Cosmology /Taine Duncan and Nicholas S. Brasovan -- Index.

Introduction -- The Environment and The Laws of Armed Conflict -- The Environment and Human Rights Law -- The Environment and International Environmental Law -- Complementing the Laws Of Armed Conflict with Human Rights Law and International Environmental Law -- General Conclusion

The book rethinks the means of harmonization of prima facie norm conflicts in light of the multitude of international agreements across regimes. The methodology deployed in this book, which is referred to as complementation or complementary application, represents a novel approach by focusing on commonly shared objectives and a unifying ordre public transnational across fields of public international law that allow for a harmonization beyond traditional treaty interpretation. Fields of public international law, mainly the laws of armed conflict, international environmental law, and human rights law, apply simultaneously to questions regarding the environment and war. Such a coexistence challenges the unity of the international legal order, and it also challenges the means of harmonization across fields of public international law. However, eventually, the co-existence of several fields of public international law can result in a refinement of international law and enhanced legal protection. Diversification can also contribute to clarification or normative intensification in areas of parallel application of various fields and multilayered legal protection, demonstrating a counter-option to fragmentation.

Islamic Law and the Law of Armed Conflict: The Armed Conflict in Pakistan demonstrates how international law can be applied in Muslim states in a way that is compatible with Islamic law.

In HisDe Jure Belli ac Paris, Grotius, quoting Cicero, stated that "there is no Middle between War and Peace," and this sentiment seems to have received general agreement well into the twentieth century. Thus, inJansonv.Driefontein Consolidated Mines, Lord Macnaghten stated: "I think the learned counsel for the respondent was right in saying that the law recognises a state of peace and a state of war, but that it knows nothing of an intermediate state which is neither one thing nor the other — neither peace nor war." One might have thought that the English courts would have abandoned this view in the light of their own experience during the Manchukuo incident, for by 1939 inKawasaki Kisen Kabushiki Kaisha of Kobev.Bantham S.S. Co.the Court of Appeal was prepared to concede that "war" might exist for some commercial purposes but not in so far as other legal relationships were concerned.

Newly revised and updated, The Law of Armed Conflict, introduces students to the law of war in an age of terrorism. What law of armed conflict (LOAC) or its civilian counterpart, international humanitarian law (IHL), applies in a particular armed conflict? Are terrorists bound by that law? What constitutes a war crime? What (or who) is a lawful target and how are targeting decisions made? What are 'rules of engagement' and who formulates them? How can an autonomous weapon system be bound by the law of armed conflict? Why were the Guantánamo military commissions a failure? Featuring new chapters, this book takes students through these topics and more, employing real-world examples and legal opinions from the US and abroad. From Nuremberg to 9/11, from courts-martial to the US Supreme Court, from the nineteenth century to the twenty-first, the law of war is explained, interpreted, and applied with clarity and depth.

Warfare is changing-and rapidly. New technologies, new geopolitical alignments, new interests and vulnerabilities, and other developments are changing how, why, and by whom conflict will be waged. Just as militaries must plan ahead for an environment in which threats, alliances, capabilities, and even the domains in which they fight will differ from today, they must plan for international legal constraints that may differ, too. This volume considers how law and institutions for creating, interpreting, and enforcing it might look two decades ahead-as well as what opportunities may exist to influence it in that time. Such assessment is important as the United States and other governments plan for future warfare. It is also important as they formulate strategies for influencing the development of that law to better serve security, humanitarian, and other interests. This volume examines not just specific questions, such as how might a particular technology require adaptive interpretation of existing law, but also grand ones, such as whether law is capable at all of keeping up with these changes.