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Human Rights and Personal Self-defense in International Law
While an abundance of literature covers the right of states to defend themselves against external aggression, this is the first book dedicated to the right to personal self-defense in international law. Dr. Hessbruegge sets out in careful detail the strict requirements that human rights impose on defensive force by law enforcement authorities, especially police killings in self-defense. The book also discusses the exceptional application of the right to personal self-defense in military-led operations, notably to contain violent civilians who do not directly participate in hostilities. The author establishes that international law gives individuals the right to forcibly resist human rights violations that pose a serious risk of significant and irreparable harm. At the same time, he calls into question prevailing state practice, which fails to recognize any collective right to organized armed resistance even when it constitutes the last resort to defend against genocide or other mass atrocities.
Due Diligence in International Law
Due Diligence in International Law identifies due diligence as the missing link between state responsibility and international liability. Acknowledged in all legal fields, it ensures international peaceful cooperation and prevents significant transboundary harm, yet it has thus far not been comprehensively discussed in literature. The present volume fills this void. Kulesza identifies due diligence as a principle of international law and traces its evolution throughout centuries. The no-harm principle, key to identifying responsibility for transboundary harm, focal to international environmental law and applicable to e.g. combating terrorism, follows states’ obligation of due diligence in preventing foreign harm. This obligation, present in various treaty-based and customary regimes is argued to be a principle of international public law applicable to all obligations of conduct.
Just Peace After Conflict
As contemporary studies have increasingly viewed just post bellum to the concept of peace, or the law of peace, so opinions concerning what a 'just peace' could look like have diverged. Is it merely an elusive ideal? Or is it predominantly procedural justice? Is it dependent on concessions and compromise? In this volume, the third output of a major research project on Jus Post Bellum, Carsten Stahn, Jens Iverson, and Jennifer Easterday bring together a team of experts to explore the issues surrounding a just peace, what it is composed of, and how it makes itself felt in the modern world, concluding that a just peace is not only related to form and
International Human Rights Law Beyond State Territorial Control
An analysis of international human rights law's applicability and effectiveness in geographic areas where the State has lost territorial control.
Family Dispute Resolution from a Cultural Perspective
Family dispute resolution is the central theme of this book. The book contributes to the growing body of research on non-Australian perspectives of South Sudanese settlement in Australia in a unique way; while other researchers have highlighted several of the settlement problems faced by South Sudanese former refugees, none have focused on the important issue of how family law problems are resolved. This book will also make a vital contribution to our understanding of how the Australian legal system works (or does not work) within the context of legal pluralism. Ultimately, this book will strengthen our understanding of social integration and family well-being of South Sudanese families and other groups in Australia.
Counterclaims in Investment Arbitration
Foreign investors benefit from investment protection standards in international investment law which are enforceable in investment arbitration. However, international law does not directly bind foreign investors and investment arbitration struggles to address foreign investor misconduct. Thus, host States cannot easily claim against foreign investors for breaches of international law in investment arbitration. In Counterclaims in Investment Arbitration, Edward Guntrip illustrates how host States can use counterclaim procedures in investment arbitration to hold foreign investors accountable for misconduct that breaches international law. Based on arbitral practice, the book sets out how host States can amend their State practice and litigation strategies to enhance the effectiveness of counterclaim procedures and assesses when host States should take this course of action.
Refugees and Rights
Forced migration is both as ancient as human life on earth and a relatively new subject of interest for human rights scholars. This volume continues the discussion from Migrants and Rights to focus attention on refugees, victims of trafficking and others who cross borders seeking protection from anthropogenic or natural disasters. The opening essays provide historical and conceptual overviews of rights to freedom of movement and asylum; and links between human rights and refugee law. Articles on the principle of non-refoulement in international law explore the occasional disjuncture between the individual’s right to protection and the State’s rights to protect its national interests. The...
Lethal Force, the Right to Life and the ECHR
In its case law on the use of lethal and potentially lethal force, the European Court of Human Rights declares a fundamental connection between the right to life in Article 2 of the European Convention on Human Rights and democratic society. This book discusses how that connection can be understood by using narrative theory to explore Article 2 law's specificities and its deeper historical, social and political significance. Focusing on the domestic policing and law enforcement context, the book draws on an extensive analysis of case law from 1995 to 2017. It shows how the connection with democratic society in Article 2's substantive and procedural dimensions underlines the right to life's p...
Blurring Boundaries: Human Security and Forced Migration
In Blurring Boundaries: Human Security and Forced Migration scholars from law and social sciences offer a fresh view on the major issues of forced migration through the lens of human security. Although much scholarship engages with forced migration and human security independently, they have hardly been weaved together in a comprehensive manner. The contributions cover the issues of refugee law, maritime migration, human smuggling and trafficking and environmental migration. Blurring Boundaries critically engages boundaries produced in the law with the main ideas of human security, thus providing a much-needed novel vocabulary for a critical discourse in forced migration studies.
State Responsibility in the International Legal Order
The book analyzes State responsibility in international law from a holistic and critical perspective.
