foreign fighters under international law and beyond

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Foreign Fighters Under International Law And Beyond

Author : Andrea de Guttry
ISBN : 9789462650992
Genre : Law
File Size : 67. 96 MB
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This book offers various perspectives, with an international legal focus, on an important and underexplored topic, which has recently gained momentum: the issue of foreign fighters. It provides an overview of challenges, pays considerable attention to the status of foreign fighters, and addresses numerous approaches, both at the supranational and national level, on how to tackle this problem. Outstanding experts in the field – lawyers, historians and political scientists – contributed to the present volume, providing the reader with a multitude of views concerning this multifaceted phenomenon. Particular attention is paid to its implications in light of the armed conflicts currently taking place in Syria and Iraq. Andrea de Guttry is a Full Professor of International Law at the Scuola Superiore Sant’Anna, Pisa, Italy. Francesca Capone is a Research Fellow in Public International Law at the Scuola Superiore Sant’Anna. Christophe Paulussen is a Senior Researcher at the T.M.C. Asser Instituut in The Hague, the Netherlands, and a Research Fellow at the International Centre for Counter-Terrorism – The Hague.

Foreign Fighters Under International Law And Beyond

Author : Andrea de Guttry
ISBN : 9462650985
Genre : Law
File Size : 60. 13 MB
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This book offers various perspectives, with an international legal focus, on an important and underexplored topic, which has recently gained momentum: the issue of foreign fighters. It provides an overview of challenges, pays considerable attention to the status of foreign fighters, and addresses numerous approaches, both at the supranational and national level, on how to tackle this problem. Outstanding experts in the field – lawyers, historians and political scientists – contributed to the present volume, providing the reader with a multitude of views concerning this multifaceted phenomenon. Particular attention is paid to its implications in light of the armed conflicts currently taking place in Syria and Iraq. Andrea de Guttry is a Full Professor of International Law at the Scuola Superiore Sant’Anna, Pisa, Italy. Francesca Capone is a Research Fellow in Public International Law at the Scuola Superiore Sant’Anna. Christophe Paulussen is a Senior Researcher at the T.M.C. Asser Instituut in The Hague, the Netherlands, and a Research Fellow at the International Centre for Counter-Terrorism – The Hague.

Nationality And Statelessness In International Law

Author : Paul Weis
ISBN : 9028603298
Genre : Law
File Size : 65. 20 MB
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Foreign Fighters

Author : David Malet
ISBN : 9780199339884
Genre : Political Science
File Size : 66. 79 MB
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In conflict zones around the world, the phenomenon of foreign insurgents fighting on behalf of local rebel groups is a common occurrence. They have been an increasing source of concern because they engage in deadlier attacks than local fighters do. They also violate international laws and norms of citizenship. And because of their zeal, their adversaries - often the most powerful countries in the world - are frequently incapable of deterring them. Foreign fighters have made headlines in recent wars in Afghanistan, Iraq, and Somalia, and the term is widely equated with militant Islamists. However, foreign fighters are not a new phenomenon. Throughout modern history, outside combatants have fought on behalf of causes ranging from international communism to aggrieved ethnic groups. Analyzing the long history of foreign fighters in the modern era helps us understand why they join insurgencies, what drives their behavior, and what policymakers can do in response. In Foreign Fighters, David Malet examines how insurgencies recruit individuals from abroad who would seem to have no direct connection to a distant war. Remarkably, the same recruiting strategies have been employed successfully in all foreign fighter cases, regardless of the particular circumstances of a conflict. Malet also catalogues foreign fighters in civil wars over the past two centuries, providing data indicating that they are disproportionately successful and growing in number. Detailed case histories constructed from archival material and original interviews demonstrate the same recruitment patterns in highly diverse conflicts including the Texas Revolution, the Spanish Civil War, the Israeli War of Independence, and the Afghanistan War. The results show that foreign fighters from Davy Crockett to George Orwell to Osama bin Laden create and respond to strategically crafted appeals to defend transnational communities under dire threat.

International Criminal Law In Context

Author : Philipp Kastner
ISBN : 9781317198994
Genre : Law
File Size : 34. 18 MB
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International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: • the history of international criminal law; • the subjects of international criminal law; • transitional justice and international criminal justice; • genocide, crimes against humanity, war crimes and the crime of aggression; • sexual and gender-based crimes; • international and hybrid criminal tribunals; • sentencing under international criminal law; and • the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.

International Disaster Response Law

Author : Andrea de Guttry
ISBN : 9789067048828
Genre : Law
File Size : 26. 87 MB
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With a Foreword by Kristalina Georgieva, European Commissioner for International Cooperation, Humanitarian Aid and Crisis Response Over the last decades natural and man-made disasters have been increasing in terms of frequency, size, number of people affected and material damage caused. There is growing awareness of the importance of adequate national and international legal frameworks for disaster prevention, mitigation and response. The implementation of these frameworks, however, poses serious challenges. This book analyses International Disaster Response Law as developed in recent times and identifies the main existing normative gaps. The authors address the rights and duties of States in preventing and mitigating disasters, in facilitating access to their territory for humanitarian relief actors, as well as issues related to liability and compensation. Due attention is paid to European Union law governing disaster response (and to its reform in the light of the Lisbon Treaty) and to the main trends in domestic legislation. Human rights obligations are thoroughly examined and the potential relevance of international criminal law is assessed. Additional topics such as the status of relief personnel, the hindrances to the delivery of relief consignments by customs and excise administration, the use of civilian and military defence assets in emergency situations, the mechanisms and procedures available to offer financial support for recovery and rehabilitation, risk insurance, and the issue of corruption during disaster-related activities are specifically addressed. By drawing on the expertise of lawyers, political scientists, economists and humanitarian practitioners, the book promotes much-needed interdisciplinary dialog and sheds light on a largely uncharted field of research. It is therefore essential reading for academics and practitioners in international and EU law, policy makers, civil protection and humanitarian operators and for anyone interested in exploring the legal facets of the international community’s response to large-scale calamitous events. Over the last decades natural and man-made disasters have been increasing in terms of frequency, size, number of people affected and material damage caused. There is growing awareness of the importance of adequate national and international legal frameworks for disaster prevention, mitigation and response. The implementation of these frameworks, however, poses serious challenges. This book analyses International Disaster Response Law as developed in recent times and identifies the main existing normative gaps. The authors address the rights and duties of States in preventing and mitigating disasters, in facilitating access to their territory for humanitarian relief actors, as well as issues related to liability and compensation. Due attention is paid to European Union law governing disaster response (and to its reform in the light of the Lisbon Treaty) and to the main trends in domestic legislation. Human rights obligations are thoroughly examined and the potential relevance of international criminal law is assessed. Additional topics such as the status of relief personnel, the hindrances to the delivery of relief consignments by customs and excise administration, the use of civilian and military defence assets in emergency situations, the mechanisms and procedures available to offer financial support for recovery and rehabilitation, risk insurance, and the issue of corruption during disaster-related activities are specifically addressed. By drawing on the expertise of lawyers, political scientists, economists and humanitarian practitioners, the book promotes much-needed interdisciplinary dialog and sheds light on a largely uncharted field of research. It is therefore essential reading for academics and practitioners in international and EU law, policy makers, civil protection and humanitarian operators and for anyone interested in exploring the legal facets of the international community’s response to large-scale calamitous events.

Humanitarian Intervention And The Au Ecowas Intervention Treaties Under International Law

Author : John-Mark Iyi
ISBN : 9783319236247
Genre : Law
File Size : 26. 70 MB
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The book reconciles the conflicts and legal ambiguities between African Union and ECOWAS law on the use of force on the one hand, and the UN Charter and international law on the other hand. In view of questions relating to African Union and UN relationship in the maintenance of international peace and security in Africa in recent years, the book examines the legal issues involved and how they can be resolved. By explaining the legal theory underpinning the validity of the AU-ECOWAS laws, the work provides a legal basis for the adoption of the AU-ECOWAS laws as the frameworks for the implementation of the R2P in Africa.

Mass Starvation

Author : Alex de Waal
ISBN : 9781509524709
Genre : Political Science
File Size : 83. 79 MB
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The world almost conquered famine. Until the 1980s, this scourge killed ten million people every decade, but by early 2000s mass starvation had all but disappeared. Today, famines are resurgent, driven by war, blockade, hostility to humanitarian principles and a volatile global economy. In Mass Starvation, world-renowned expert on humanitarian crisis and response Alex de Waal provides an authoritative history of modern famines: their causes, dimensions and why they ended. He analyses starvation as a crime, and breaks new ground in examining forced starvation as an instrument of genocide and war. Refuting the enduring but erroneous view that attributes famine to overpopulation and natural disaster, he shows how political decision or political failing is an essential element in every famine, while the spread of democracy and human rights, and the ending of wars, were major factors in the near-ending of this devastating phenomenon. Hard-hitting and deeply informed, Mass Starvation explains why man-made famine and the political decisions that could end it for good must once again become a top priority for the international community.

Fundamental Rights In International And European Law

Author : Christophe Paulussen
ISBN : 9789462650886
Genre : Law
File Size : 36. 73 MB
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In this book various perspectives on fundamental rights in the fields of public and private international law are innovatively covered. Published on the occasion of the 50th anniversary of the T.M.C. Asser Instituut in The Hague, the collection reflects the breadth and scope of the Institute’s research activities in the fields of public international law, EU law, private international law and international and European sports law. It does so by shedding more light on topical issues – such as drone warfare, the fight against terrorism, the international trade environment nexus and forced arbitration – that can be related to the theme of fundamental rights, which runs through all these four areas of research. Points of divergence and areas of common ground are uncovered in contributions from both staff members and distinguished external authors, having long-standing academic relations with the Institute. The Editors of this book are all staff members of the T.M.C. Asser Instituut, each of them representing one of the areas of research the Institute covers.

The Legacy Of Bosman

Author : Antoine Duval
ISBN : 9789462651203
Genre : Law
File Size : 72. 56 MB
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In December 1995, the Court of Justice of the European Union delivered its judgment in its most famous case to date: the Bosman case. Twenty years later, this book explores in detail how this landmark judgment legally and politically transformed the relationship between the European Union and sport. Written by leading academics in the field, the ten contributions in this book reflect on how Bosman fundamentally shaped the application of EU law to sport and its transformative effects on sports governance. The book’s innovative perspectives on the Bosman ruling makes it important reading for scholars, practitioners and policy-makers concerned with EU law and Sports law. With a foreword by Prof. Dr. Carl Otto Lenz, Advocate General at the Court of Justice in the Bosman-case. Dr. Antoine Duval is Senior Researcher for International and European Sports Law at the T.M.C. Asser Instituut in The Hague. He holds a Ph.D. on the interaction between Lex Sportiva and EU Law from the European University Institute in Florence, where he was the conveyor of the Transnational Law Working Group. Prof. dr. Ben Van Rompuy is a senior researcher at the T.M.C. Asser Instituut, where he heads the ASSER International Sports Law Centre, and is Visiting Professor of Competition Policy at the Free University of Brussels (VUB). He holds a Ph.D. in law from the VUB and held visiting scholar positions at Georgetown University and New York University. The book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Ben Van Rompuy, Dr. Antoine Duval and Marco van der Harst LL.M.

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