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This book tells the story of how two of America's closest allies, Canada and Britain, have sought to reconcile their security concerns with their legal obligations during two of the most significant international conflicts since the Second World War.
The Democratic People's Republic of Korea (DPRK) has a reputation as one of the worst human rights situations in the world. This book utilizes a unique international law perspective to examine the actions and inactions of North Korea with regard to international security and human rights. Adopting political, military, historical and legal perspectives, the book explores how the two issues of nuclear weapons and the human rights abuses in North Korea are interconnected, and why the international community should apply the same international law framework to find a solution for both. Drawing on eyewitness accounts, such as refugee and defector testimony, Morse Tan offers a real-life story of North Korea that covers the pertinent law, and constructive approaches of its regime. Tan examines the specific objectives and actions of the North Korean government, and measures these according to international legal obligations such as applicable treaty law, jus cogens norms, and customary international law. The book concludes by offering solutions for dealing with international security surrounding the Korean Peninsula, and forwards a proposal for the creation of a tribunal to prosecute those at the top of the regime for international crimes and human rights abuses. As a project exploring the extremes of international law violation, this book will be of great interest and use to readers interested in the history, and political and legal implications of the strategies employed by the North Korea government.
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2017 edition of the Yearbook is a special volume that has articles highlighting current international legal issues facing particular Asian states.
“Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law.” —Chris Patten, Chancellor of Oxford University International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky
Through a careful examination of religious and philosophical literature, the contributors to the volume analyze, compare and assess diverse Western, Islamic, Hindu and East Asian perspectives concerning the appropriate criteria that should govern the decision to resort to the use of armed force and, once that decision is made, what constraints should govern the actual conduct of military operations. In doing so, the volume promotes a better understanding of the various ways in which diverse peoples and societies within the global community approach the question of what constitutes the legitimate use of military force as an instrument of policy in the resolution of conflicts.
Since the adoption of the UN Charter in 1945, the use of cross-border force has been frequent. This volume invites a range of experts to examine over sixty conflicts, from military interventions to targeted killings and hostage rescue operations, and to ask how powerful precedent can be in determining hostile encounters in international law.
Presents a history and analysis of the Korean War, focusing on the contributions of the United Nations, diplomacy of the conflict, and its role in the Cold War.
Traditional histories of the Korean War have long focused on violations of the thirty-eighth parallel, the line drawn by American and Soviet officials in 1945 dividing the Korean peninsula. But The interrogation rooms of the Korean War presents an entirely new narrative, shifting the perspective from the boundaries of the battlefield to inside the interrogation room. Upending conventional notions of what we think of as geographies of military conflict, Monica Kim demonstrates how the Korean War evolved from a fight over territory to one over human interiority and the individual human subject, forging the template for the U.S. wars of intervention that would predominate during the latter half of the twentieth century and beyond. Kim looks at how, during the armistice negotiations, the United States and their allies proposed a new kind of interrogation room: one in which POWs could exercise their "free will" and choose which country they would go to after the ceasefire. The global controversy that erupted exposed how interrogation rooms had become a flashpoint for the struggles between the ambitions of empire and the demands for decolonization, as the aim of interrogation was to produce subjects who attested to a nation's right to govern. The complex web of interrogators and prisoners -- Japanese-American interrogators, Indian military personnel, Korean POWs and interrogators, and American POWs -- that Kim uncovers contradicts the simple story in U.S. popular memory of "brainwashing" during the Korean War
After World War II, the escalating tensions of the Cold War shaped the international system. Fearing the Worst explains how the Korean War fundamentally changed postwar competition between the United States and the Soviet Union into a militarized confrontation that would last decades. Samuel F. Wells Jr. examines how military and political events interacted to escalate the conflict. Decisions made by the Truman administration in the first six months of the Korean War drove both superpowers to intensify their defense buildup. American leaders feared the worst-case scenario—that Stalin was prepared to start World War III—and raced to build up strategic arms, resulting in a struggle they did not seek out or intend. Their decisions stemmed from incomplete interpretations of Soviet and Chinese goals, especially the belief that China was a Kremlin puppet. Yet Stalin, Mao, and Kim Il-sung all had their own agendas, about which the United States lacked reliable intelligence. Drawing on newly available documents and memoirs—including previously restricted archives in Russia, China, and North Korea—Wells analyzes the key decision points that changed the course of the war. He also provides vivid profiles of the central actors as well as important but lesser known figures. Bringing together studies of military policy and diplomacy with the roles of technology, intelligence, and domestic politics in each of the principal nations, Fearing the Worst offers a new account of the Korean War and its lasting legacy.