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Outsourcing War and Peace
This timely book describes the services that are now delivered by private contractors and the threat this trend poses to core public values of human rights, democratic accountability, and transparency. --
The Impact of Emerging Technologies on the Law of Armed Conflict
This book explores a number of legal issued raised by the introduction of emerging technologies--such as autonomous weapons, artificial intelligence, and cyber capabilities--on the modern battlefield. Is the law as it exists today capable of regulating these new weapons? How might the law be changed to address these new and emerging capabilities? This book will shape the debate on how the law of armed conflict should be changed, or could be adapted, to address the challenges posed by the use of emerging technologies in modern warfare.
Philosophy of Nonviolence
In 2011, the Middle East saw the dictators of Tunisia, Egypt, and Yemen deposed in a matter of weeks by non-violent marches. Imprecisely described as 'the Arab Spring', the revolution has been convulsing the whole region. It failed in some countries, and was not sustained in others after the dictators' fall. Beyond this uneven course, 'Philosophy of Nonviolence' examines how 2011 may have ushered in a fundamental break in the human journey, one animated by non-violence, which the book argues is the new anima of the philosophy of history.
States, Firms, and Their Legal Fictions
This volume offers a new point of entry into questions about how the law conceives of states and firms. Because states and firms are fictitious constructs rather than products of evolutionary biology, the law dictates which acts should be attributed to each entity, and by which actors. Those legal decisions construct firms and states by attributing identity and consequences to them. As the volume shows, these legal decisions are often products of path dependence or conceptual metaphors like “personhood” that have expanded beyond their original uses. Focusing on attribution, the volume considers an array of questions about artificial entities that are usually divided into doctrinal siloes. These include questions about attribution of international legal responsibility to states and state-owned entities, transnational attribution of liabilities to firms, and attribution of identity rights to corporations. Durkee highlights the artificiality of doctrines that construct firms and states, and therefore their susceptibility to change.
Comparative Administrative Law
A comprehensive overview of the field of comparative administrative law that builds on the first edition with many new and revised chapters, additional topics and extended geographical coverage. This Research Handbook’s broad, multi-method approach combines history and social science with more strictly legal analyses. This new edition demonstrates the growth and dynamism of recent efforts – spearheaded by the first edition – to stimulate comparative research in administrative law and public law more generally, reaching across different countries and scholarly disciplines.
The Transformation of Occupied Territory in International Law
This volume discusses the practice of transformative military occupation from the perspective of public international law through the prism of the occupation of Iraq and other cases of historical significance. It seeks to assess how international law should respond to measures undertaken in the pursuit of a given transformative project, whether or not supported by the Security Council. A monographic study tackling the bulk of the international law issues that emerge during and as a result of a transformative occupation, based on a comprehensive analysis of historical cases, applicable norms, and relevant facts. "With this thorough and thought provoking study, Andrea Carcano has put us all in his debt." From the foreword by Georges Abi-Saab, Emeritus Professor, Graduate Institute of International Studies and Development.
Anti-Impunity and the Human Rights Agenda
This volume presents and critiques the distorted effects of the international human rights movement's focus on the fight against impunity.
Accountability for Killing
The unintended deaths of civilians in war are too often dismissed as unavoidable, inevitable, and accidental. And despite the best efforts of the U.S. to avoid them, civilian casualties in Afghanistan, Iraq, and Pakistan have been a regular feature of the United States' wars after 9/11. In Accountability for Killing, Neta C. Crawford focuses on the causes of these many episodes of foreseeable collateral damage and the moral responsibility for them. The dominant paradigm of legal and moral responsibility in war today stresses both intention and individual accountability. Deliberate killing of civilians is outlawed and international law blames individual soldiers and commanders for such killin...
The Oxford Handbook of International Criminal Law
In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
Is the International Legal Order Unraveling?
This book grows out of the work of a study group convened by the American Branch of the International Law Association. The group had a mandate to examine threats to the rules-based international order and possible responses. The several chapters in the book-all of which are written by distinguished international law scholars--generally support the conclusion that the rules-based international order confronts significant challenges, but it is not unraveling--at least, not yet. Climate change is the biggest wild card in trying to predict the future. If the world's major powers--especially the United States and China--cooperate with each other to combat climate change, then other threats to the...
