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It is commonly taught that the prohibition of the use of force is an achievement of the twentieth century and that beforehand States were free to resort to the arms as they pleased. International law, the story goes, was 'indifferent' to the use of force. 'Reality' as it stems from historical sources, however, appears much more complex. Using tools of history, sociology, anthropology and social psychology, this monograph offers new insights into the history of the prohibition of the use of force in international law. Conducting in-depth analysis of nineteenth century doctrine and State practice, it paves the way for an alternative narrative on the prohibition of force, and seeks to understand the origins of international law's traditional account. In so doing, it also provides a more general reflection on how the discipline writes, rewrites and chooses to remember its own history.
Since the third edition of this commentary on the Charter of the United Nations was published in 2012, the text of the Charter has not changed DL but the world has. Central pillars of the international order enshrined in the UN Charter are facing serious challenges, notably the prohibition of the use of force. Human rights, too, have come under increasing pressure, now also from contemporary information technology. Global warming poses fundamental challenges for the world community as a whole in its effort to stabilize global ecosystems. Fully updated, the commentary takes up these and other developments. It features new chapters on Climate Change and the Human Rights Council. The commentary remains the authoritative, article-by-article account of the legislative history, interpretation, and practical application of each and every Charter provision. Written by a team of distinguished scholars and practitioners, this book combines academic research with the insights of practice. It is an indispensable tool of reference for all those interested in the United Nations and its legal significance for the world community. The Commentary will be crucial in combining solid legal foundations with new directions for the development of international law and the United Nations in the twenty-first century
In this classic study of Pandita Ramabai's life, Uma Chakravarti brings to light one of the foremost thinkers of nineteenth-century India and one of its earliest feminists. A scholar and an eloquent speaker, Ramabai was no stranger to controversy. Her critique of Brahminical patriarchy was in sharp contrast to Annie Besant, who championed the cause of Hindu society. And in an act seen by contemporary Hindu society as a betrayal not only of her religion but of her nation, Ramabai – herself a high-caste Hindu widow – chose to convert to Christianity. Chakravarti's book stands out as one of the most important critiques of gender and power relations in colonial India, with particular emphasis on issues of class and caste. Published by Zubaan.
Newly revised, this textbook provides an authoritative conceptual and practical overview of international law governing the resort to force. Following an introductory chapter, with a section on the key issues in identifying the law and actual and potential changes to it, the book addresses the breadth and scope of the prohibition of the threat or use of force and the meaning of 'force' as the focus of this. The book proceeds to address the use of force through the United Nations and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, the controversial right of humanitarian intervention, and forcible interventions in civil conflicts. Updated to include greater focus on aspects such as cyber operations, the threat of force, and the 'human element' to the use force, as well as the inclusion of recent developments such as the 2022 Russian invasion of Ukraine, it seeks to address the contemporary legal framework through the prism of contemporary challenges that it currently faces.
The principle of non-intervention in the domestic affairs of states is one of the most venerable principles of international law. Although not expressly mentioned in the Charter of the United Nations, at least as an inter-state prohibition, the principle currently appears in a plethora of treaties and UN General Assembly resolutions and has been invoked like a mantra by states of all geographical and political denominations. Despite this, the determination of its exact content has remained an enigma. International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other Principles solves this enigma by exploring what constitutes an 'intervention' in international law and when interventions are unlawful. These questions are approached from three different perspectives, which are reflected in the book's structure: historical, theoretical, and systematic. Through a comprehensive survey of primary documents and of over 200 cases of intervention from the mid-18th century to the present day, as well as an extensive literature search, this work provides an in-depth analysis of the principle of non-intervention which links it to fundamental notions of international law, including sovereignty, use of force, self-determination, and human rights protection.
This book provides a systematic analysis of the principle of non-intervention from a historical, theoretical, and systematic perspective. Roscini argues that the principle is strictly linked to some fundamental notions of international law, such as sovereignty, use of force, self-determination, and human rights protection.
In A Century of Anarchy?: War, Normativity, and the Birth of Modern International Order, Simon challenges the German Sonderweg understanding of the nineteenth century and deconstructs the myth of the 'free right to go to war', drawing on political and normative discourses to outline a genealogy of modern war justifications.
Every generation re-writes history in its own way'. Re-writing History applies Collingwood's dictum to a series of topics and themes, some of which have been central to prehistoric and protohistoric archaeology for the past century or more, while some have been triggered by more recent changes in technology or social attitudes. Some issues are highly controversial, like the proposals for the Stonehenge World Heritage sites. Others challenge long-held popular myths, like the deconstruction of the Celts and by extension the Picts. Yet some traditional tenets of scholarship have gone unchallenged for too long, like the classical definition of civilization itself. But why should it matter? Surely it is in the order of things that each generation rejects received wisdom and adopts ideas that are radical or might offend previous generations? Is this not simply symptomatic of healthy and vibrant debate? Or are there grounds for believing that current changes are of a more disquieting character, denying the basic assumptions of rational argument and freedom of enquiry and expression that have been the foundation of western scholarship since the eighteenth century Enlightenment? Re-writing History addresses contemporary concerns about information and its interpretation, including issues of misinformation and airbrushing of politically-incorrect history. Its subject matter is the archaeology of prehistoric and early historic Britain, and the changes witnessed over two centuries and more in the interpretation of the archaeological heritage by changes in the prevailing political and social as well as intellectual climate. Far from being topics of concern only to academics in ivory towers, the way in which seemingly innocuous issues such as cultural diffusion or social reconstruction in the remote past are studied and presented reflects important shifts in contemporary thinking that challenge long-accepted conventions of free speech and debate.
This book is a very timely account of the legal, economic and political consequences for border states caught in the current tug-of-war between the West and Russia.The Ukraine crisis of 2014 focused policy-makers’ attention on a geographical area full of dangers that had gone relatively unnoticed since the breakup of the Soviet Union, namely the security dynamics of the border states of Eastern Europe and the Black Sea. Twenty-five years after the collapse of the Soviet Union, a strong Russia returns alternatively threatening and cajoling, but at risk itself of suffering economic injury from western reprisals over its nostalgia for the map drawn at Yalta. That conflict, which hotted up over the Ukraine, was soon being played out over - and in the air space over - Syria and Turkey, while the border states themselves are likely to be drawn into the European refugee crisis and have the potential, after the 2015 Paris atrocities, to be breeding grounds for international terrorists. This groundbreaking book contains prescient warnings that must be heeded by leaders and diplomats on both sides of the East-West divide.
Rebuttal to Hillary Clinton's autobiography by a former Clinton advisor.