Noelle Quenivet – författare

This unique two-volume book covers virtually the whole spectrum of international conflict and security law. It proceeds from values protected by international law (Part I), through substantive rules in which these values are embodied (Part II), to international and domestic institutions that enforce the law (Part III). It subsequently deals with current challenges in the application of rules of international conflict and security law (Part IV), and crimes as the most serious violations of those rules (Part V). Finally, in the section on case studies (Part VI), lessons learnt from a number of conflict situations are discussed.Written by an international team of experts representing all the major legal systems of the world, the book is intended as a reference work for students and researchers, domestic and international judges, as well as for legal advisers to governments and international and non-governmental organisations.Sergey Sayapin is Associate Professor and Associate Dean at KIMEP University, School of Law in Almaty, Kazakhstan.Rustam Atadjanov is Assistant Professor at KIMEP University, School of Law in Almaty, Kazakhstan.Umesh Kadam is formerly Additional Professor at the National Law School of India University, Bangalore, India and Legal Adviser with the International Committee of the Red Cross.Gerhard Kemp is Professor of Law at the University of Derby in the United Kingdom. Nicolás Zambrana-Tévar is Associate Professor at KIMEP University, School of Law in Almaty, Kazakhstan.Noëlle Quénivet is Professor in International Law at the University of the West of England, Bristol Law School in the United Kingdom.

This book investigates the use of duress as a defence in international criminal law, specifically in cases of child soldiers. The prosecution of children for international crimes often only focuses on whether children can and should be prosecuted under international law. However, it is rarely considered what would happen to these children at the trial stage. This work offers a nuanced approach towards international prosecution and considers how children could be implicated and defended in international courts. This study will be of interest to academics and practitioners working in international criminal law, transitional justice and children’s rights.

This book investigates the use of duress as a defence in international criminal law, specifically in cases of child soldiers. The prosecution of children for international crimes often only focuses on whether children can and should be prosecuted under international law. However, it is rarely considered what would happen to these children at the trial stage. This work offers a nuanced approach towards international prosecution and considers how children could be implicated and defended in international courts. This study will be of interest to academics and practitioners working in international criminal law, transitional justice and children’s rights.

The book examines the consequences of Brexit on EU citizens in the UK and UK nationals in the EU27 as well as on the EU citizenship concept as such. Whereas previous scholarship has focused on what individuals gain from EU citizenship, the authors examine which rights UK nationals (in the EU27 and at home) and EU citizens in the UK have lost as a result of the withdrawal of the UK from the EU, taking into account the Withdrawal Agreement and the counterfactual scenario (i.e. without the Withdrawal Agreement). This book argues that Brexit shows that the concept of EU citizenship is more than just a status and a bundle of rights. Rather, it has a transformative value, which can be understood as the process whereby EU citizens can genuinely and fully enjoy the rights granted under their fundamental status as EU citizens and make them perceive themselves as EU citizens rather than just nationals of Member States with additional rights granted under EU Law. Despite claims that EU citizenship is an abstract concept devoid of much practical value, the book reveals that the Withdrawal Agreement and the actions taken by both the United Kingdom and the European Union demonstrate that the transformative value of EU citizenship has not only been understood but overall maintained, at least for EU citizens with permanent residency. Moreover, owing to the disruption of Brexit and especially the uncertain time between the referendum and the ratification of the Withdrawal Agreement, EU citizens in the UK and UK nationals in the EU27 have taken actions to safeguard their rights, thereby further reaffirming the transformative value of EU citizenship.

The book examines the consequences of Brexit on EU citizens in the UK and UK nationals in the EU27 as well as on the EU citizenship concept as such. Whereas previous scholarship has focused on what individuals gain from EU citizenship, the authors examine which rights UK nationals (in the EU27 and at home) and EU citizens in the UK have lost as a result of the withdrawal of the UK from the EU, taking into account the Withdrawal Agreement and the counterfactual scenario (i.e. without the Withdrawal Agreement). This book argues that Brexit shows that the concept of EU citizenship is more than just a status and a bundle of rights. Rather, it has a transformative value, which can be understood as the process whereby EU citizens can genuinely and fully enjoy the rights granted under their fundamental status as EU citizens and make them perceive themselves as EU citizens rather than just nationals of Member States with additional rights granted under EU Law. Despite claims that EU citizenship is an abstract concept devoid of much practical value, the book reveals that the Withdrawal Agreement and the actions taken by both the United Kingdom and the European Union demonstrate that the transformative value of EU citizenship has not only been understood but overall maintained, at least for EU citizens with permanent residency. Moreover, owing to the disruption of Brexit and especially the uncertain time between the referendum and the ratification of the Withdrawal Agreement, EU citizens in the UK and UK nationals in the EU27 have taken actions to safeguard their rights, thereby further reaffirming the transformative value of EU citizenship.

The book addresses the current issue of the applicability and application of international human rights law and international humanitarian law in times of armed conflict. Scholars chronologically argued that only international humanitarian law was applicable, that both legal regimes were applicable, and eventually that international humanitarian law was the lex specialis of human rights law. The most recent trend is to state that international humanitarian law and human rights law are merging into a single set of rules, a proposition that is the focus of the investigations carried out in this book. The book examines general issues relating to applicability and the implementation of the two legal regimes as well as provides case studies focusing on specific rights or persons. [The cover of this publication displays a patchwork symbolizing the merger between international humanitarian law and human rights. Neither the publisher nor the editors intended the design to reproduce the protected Red Cross emblem. Any resemblance to the Red Cross emblem is purely coincidental]

This book addresses international law and armed conflict in a wider context. Rather than taking a traditional approach, (i.e., focusing solely on the use of force and international humanitarian law), this book incorporates other international legal regimes such as human rights law, international private law, international criminal law, environmental law, as well as regional and national legal regimes. In doing so, a broader picture emerges and reveals the current challenges faced by lawyers in regulating armed conflicts. This in turn highlights the complexities, intricacies, and the interrelationship of the different regimes that may be rendered applicable to armed conflicts. Also, in taking a more inclusive approach, this book provides a new perspective on both existing and emerging themes in this field. The topics covered include privatisation of warfare, protection of the environment, use of natural resources to support armed conflicts, involvement of children in armed conflicts,the relationship between peace, security and justice, etc.This book is highly recommended for those working or involved in the topics dealt with, including academics, practitioners and military lawyers interested in international relations and international law and armed conflict.The editors are Senior Lecturers at the Bristol Law School, University of the West of England, UK.

This unique two-volume book covers virtually the whole spectrum of international conflict and security law. It proceeds from values protected by international law (Part I), through substantive rules in which these values are embodied (Part II), to international and domestic institutions that enforce the law (Part III). It subsequently deals with current challenges in the application of rules of international conflict and security law (Part IV), and crimes as the most serious violations of those rules (Part V). Finally, in the section on case studies (Part VI), lessons learnt from a number of conflict situations are discussed.Written by an international team of experts representing all the major legal systems of the world, the book is intended as a reference work for students and researchers, domestic and international judges, as well as for legal advisers to governments and international and non-governmental organisations.Sergey Sayapin is Associate Professor and Associate Dean at KIMEP University, School of Law in Almaty, Kazakhstan.Rustam Atadjanov is Assistant Professor at KIMEP University, School of Law in Almaty, Kazakhstan.Umesh Kadam is formerly Additional Professor at the National Law School of India University, Bangalore, India and Legal Adviser with the International Committee of the Red Cross.Gerhard Kemp is Professor of Law at the University of Derby in the United Kingdom. Nicolás Zambrana-Tévar is Associate Professor at KIMEP University, School of Law in Almaty, Kazakhstan.Noëlle Quénivet is Professor in International Law at the University of the West of England, Bristol Law School in the United Kingdom.