Law, Conflict and International Relations - Böcker

This volume examines the role of international law in shaping and regulating transitional contexts, including the institutions, policies, and procedures that have been developed to steer constitutional regime changes in countries affected by catalytic events.The book offers a new perspective on the phenomenon of conflict-related transitions, whereby societies are re-constitutionalized through a set of interim governance arrangements subject to variable degrees of internationalization. Specifically, this volume interrogates the relevance, contribution, and perils of international law for this increasingly widespread phenomenon of inserting an auxiliary phase between two ages of constitutional government. It develops a nuanced understanding of the various international legal discourses surrounding conflict- and political crisis-related transitional governance by studying the contextual factors that influence the transitional arrangements themselves, with a specific focus on international aspects, including norms, actors, and related forms of expertise. In doing so, the book builds a bridge between comparative constitutional law and international legal scholarship in the practical and highly dynamic terrain of transitional governance.This book will be of much interest to practitioners and students of international law, diplomacy, mediation, security studies, and international relations.

This interdisciplinary book explores the Northern Ireland conflict through a human rights framework. The book examines the conflict from the creation of the Northern Ireland state in 1921 to 2014. This timeframe allows an analysis of how human rights impacted upon the conflict in its broadest understanding (i.e. the pre-violent conflict, the violent conflict and the post-violent conflict phases). Furthermore, it allows for a better understanding of how the various stages of the conflict impacted upon how human rights are understood in Northern Ireland today. The study’s main findings are that: (i) human rights had a significant impact on the development of the conflict; (ii) human rights violations were both underlying causes and direct causes of the descent into violence; (iii) the conflict coloured the view of human rights held by the main political actors; and (iv) human rights continue to be partially understood through the prism of the conflict. More generally, this interdisciplinary work explores the relationship between law, politics and conflict.This book will be of much interest to students of human rights, conflict resolution, British politics, law and security studies.

This book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another – the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter exception is of increasing importance, the numerous questions it raises have received scant attention in the current body of literature. This volume fills this gap by analyzing the consent-exception in a wide context, and attempting to delineate its limits, including cases in which government consent power is not only negated, but might be transferred to opposition groups. The book also discusses the concept of consensual intervention in contemporary international law, in juxtaposition to traditional legal doctrines. It traces the development of law in this context by drawing from historical examples such as the Spanish Civil War, as well as recent cases such those of the Democratic Republic of the Congo, Somalia, Libya, and Syria. This book will be of much interest to students of international law, civil wars, the Responsibility to Protect, war and conflict studies, and IR in general.

This book contributes to contemporary debates on the effectiveness of international humanitarian law (IHL) in regulating or prohibiting inhumane weapons, such as landmines.Two treaties have emerged under IHL in response to the humanitarian scourge of landmines. However, despite a considerable body of related literature, clear understandings have not been established on the effectiveness of these international legal frameworks in meeting the challenges that prompted their creation. This book seeks to address this lacuna. An analytical framework grounded in regime theory helps move beyond the limitations in the current literature through a structured focus on principles, norms, rules, procedures, actors and issue areas. On the one hand, this clarifies how political considerations determine opportunities and constraints in designing and implementing IHL regimes. On the other, it enables us to explore how and why ‘ideal’ policy prescriptions are threatened when faced with complex challenges in post-conflict contexts.This book will be of much interest to students of international humanitarian law, global governance, human security and IR in general.

This book seeks to refine our understanding of transitional justice and peacebuilding, and long-term security and reintegration challenges after violent conflicts. As recent events following political change during the so-called 'Arab Spring' demonstrate, demands for accountability often follow or attend conflict and political transition. While traditionally much literature and many practitioners highlighted tensions between peacebuilding and justice, recent research and practice demonstrates a turn away from the supposed 'peace vs justice' dilemma. This volume examines the complex relationship between peacebuilding and transitional justice through the lenses of the increased emphasis on victim-centred approaches to justice and the widespread practices of disarmament, demobilization, and reintegration (DDR) of excombatants. While recent volumes have sought to address either DDR or victim-centred approaches to justice, none has sought to make connections between the two, much less to place them in the larger context of the increasing linkages between transitional justice and peacebuilding.This book will be of great interest to students of transitional justice, peacebuilding, human rights, war and conflict studies, security studies and IR.

This book seeks to refine our understanding of transitional justice and peacebuilding, and long-term security and reintegration challenges after violent conflicts. As recent events following political change during the so-called 'Arab Spring' demonstrate, demands for accountability often follow or attend conflict and political transition. While, traditionally, much literature and many practitioners highlighted tensions between peacebuilding and justice, recent research and practice demonstrates a turn away from the supposed 'peace vs justice' dilemma. This volume examines the complex, often contradictory but sometimes complementary relationship between peacebuilding and transitional justice through the lenses of the increased emphasis on victim-centred approaches to justice and the widespread practices of disarmament, demobilization, and reintegration (DDR) of excombatants. While recent volumes have sought to address either DDR or victim-centred approaches to justice, none has sought to make connections between the two, much less to place them in the larger context of the increasing linkages between transitional justice and peacebuilding .This book will be of much interest to students of transitional justice, peacebuilding, human rights, war and conflict studies, security studies and IR.

This volume examines the role of international law in shaping and regulating transitional contexts, including the institutions, policies, and procedures that have been developed to steer constitutional regime changes in countries affected by catalytic events.The book offers a new perspective on the phenomenon of conflict-related transitions, whereby societies are re-constitutionalized through a set of interim governance arrangements subject to variable degrees of internationalization. Specifically, this volume interrogates the relevance, contribution, and perils of international law for this increasingly widespread phenomenon of inserting an auxiliary phase between two ages of constitutional government. It develops a nuanced understanding of the various international legal discourses surrounding conflict- and political crisis-related transitional governance by studying the contextual factors that influence the transitional arrangements themselves, with a specific focus on international aspects, including norms, actors, and related forms of expertise. In doing so, the book builds a bridge between comparative constitutional law and international legal scholarship in the practical and highly dynamic terrain of transitional governance.This book will be of much interest to practitioners and students of international law, diplomacy, mediation, security studies, and international relations.

This book contributes to contemporary debates on the effectiveness of international humanitarian law (IHL) in regulating or prohibiting inhumane weapons, such as landmines.Two treaties have emerged under IHL in response to the humanitarian scourge of landmines. However, despite a considerable body of related literature, clear understandings have not been established on the effectiveness of these international legal frameworks in meeting the challenges that prompted their creation. This book seeks to address this lacuna. An analytical framework grounded in regime theory helps move beyond the limitations in the current literature through a structured focus on principles, norms, rules, procedures, actors and issue areas. On the one hand, this clarifies how political considerations determine opportunities and constraints in designing and implementing IHL regimes. On the other, it enables us to explore how and why ‘ideal’ policy prescriptions are threatened when faced with complex challenges in post-conflict contexts.This book will be of much interest to students of international humanitarian law, global governance, human security and IR in general.

This interdisciplinary book explores the Northern Ireland conflict through a human rights framework. The book examines the conflict from the creation of the Northern Ireland state in 1921 to 2014. This timeframe allows an analysis of how human rights impacted upon the conflict in its broadest understanding (i.e. the pre-violent conflict, the violent conflict and the post-violent conflict phases). Furthermore, it allows for a better understanding of how the various stages of the conflict impacted upon how human rights are understood in Northern Ireland today. The study’s main findings are that: (i) human rights had a significant impact on the development of the conflict; (ii) human rights violations were both underlying causes and direct causes of the descent into violence; (iii) the conflict coloured the view of human rights held by the main political actors; and (iv) human rights continue to be partially understood through the prism of the conflict. More generally, this interdisciplinary work explores the relationship between law, politics and conflict.This book will be of much interest to students of human rights, conflict resolution, British politics, law and security studies.