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Legal scholars as well as states have long disagreed on the compatibility with the UN Charter of the so-called 'protection of nationals' doctrine. This doctrine suggests that states are allowed to forcibly intervene in other countries for the protection of their nationals abroad, subject to the following (cumulative) conditions: (i) there is an imminent threat of injury to nationals; (ii) a failure or inability on the part of the territorial sovereign to protect them and; (iii) the action of the intervening state is strictly confined to the objective of protecting its nationals. This article re-examines the available evidence in customary practice, while taking account of two new elements: on the one hand, the increased tolerance on behalf of the international community vis-à-vis unauthorised evacuation operations, and, on the other hand, the critical attitude of many states throughout the UN General Assembly debate on diplomatic protection in 2000. After finding that customary evidence fails to offer conclusive answers, the author makes some tentative suggestions de lege ferenda to find a way out of the existing legal impasse.
The international law on the use of force is one of the oldest branches of international law. It is an area twinned with the emergence of international law as a concept in itself, and which sees law and politics collide. The number of armed conflicts is equal only to the number of methodological approaches used to describe them. Many violent encounters are well known. The Kosovo Crisis in 1999 and the US-led invasion of Iraq in 2003 spring easily to the minds of most scholars and academics, and gain extensive coverage in this text. Other conflicts, including the Belgian operation in Stanleyville, and the Ethiopian Intervention in Somalia, are often overlooked to our peril. Ruys and Corten's expert-written text compares over sixty different instances of the use of cross border force since the adoption of the UN Charter in 1945, from all out warfare to hostile encounters between individual units, targeted killings, and hostage rescue operations, to ask a complex question. How much authority does the power of precedent really have in the law of the use of force?
This book addresses issues connected with Russia’s 2014 annexation of Crimea that are both of key current relevance and crucial from the point of view of both international law and international relations. It not only offers a comprehensive elaboration of the subject, but also presents it from the points of view of states directly engaged in the conflict. For the authors in this book include researchers from many European countries, albeit first and foremost from both Ukraine and Russia. In this way the collected work represents a contribution of undoubted value where the ongoing international debate on the Crimean annexation is concerned. From the review by Prof. Anna Wyrozumska This book offers an interesting, holistic and competent contribution to legal analysis surrounding Russia’s annexation of Crimea, the consequences thereof and the responsibility in international law therefor. It is characterised by a high level of legal analysis by a competent international team of authors led by Polish experts on the subject, whose painstaking selection of co-authors has allowed for an airing of both Ukrainian and Russian standpoints. From the review by Prof. Jerzy Kranz Książka stanowi wspólne przedsięwzięcie Wydawnictwa Naukowego Scholar i Centrum Polsko-Rosyjskiego Dialogu i Porozumienia http://cprdip.pl/ Book published in co-edition with The Centre for Polish-Russian Dialogue and Understanding http://cprdip.pl/
War, Aggression and Self-Defence is an indispensable guide to international legal issues of war and peace, the crime of aggression, self-defence and its trigger, armed attack, and the different modalities of self-defence, as well as enforcement measures taken under the aegis of a binding decision of the Security Council. This new and fully updated 6th edition focuses on the key issues at the forefront of the contemporary international legal debate, as well as analysing the new armed conflicts in Syria, Ukraine and Georgia, re-examining the Kampala amendments on the crime of aggression and considering the phenomenon of 'robust' mandates of a peacekeeping force. Suitable for graduate and advanced undergraduate students, this market-leading book offers a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence.
Peoples and minorities in many parts of the world assert a right to self-determination, autonomy, and even secession from a state, which naturally conflicts with that state's sovereignty and territorial integrity. The right of a people to self-determination and secession has existed as a concept within international law since the American Declaration of Independence in 1776, but the exact definition of these concepts, and the conditions required for their application, remain unclear. The Advisory Opinion of the International Court of Justice concerning the Declaration of Independency of Kosovo (2010), which held that the Kosovo declaration of independence was not in violation of international law, has only led to further questions. This book takes four conflicts in the post-Soviet Commonwealth of Independent States (CIS) as a starting point for examining the current state of the law of self-determination and secession. Four entities, Transnistria (Moldova), South Ossetia, Abkhazia (both Georgia), and Nagorno-Karabakh (Azerbaijan), claim to be entitled not only to self-determination but also to secession from their mother state. For this entitlement they rely on historic affiliations, and on charges of discrimination and massive human rights violations committed by their mother state. This book sets out its analysis of these critical issue in three parts, providing a detailed understanding of the principles of international law on which they rely: The first part sets out the contours and meaning of self-determination and secession, including an overall assessment of secession within the Commonwealth of Independent States. The second section provides case studies investigating the events in Transnistria, South Ossetia, Abkhazia, and Nagorno-Karabach in greater detail. The third and final section extends the scope of the examination, providing a comparative analysis of similar conflicts involving questions of self-determination and secession in Kosovo, Western Sahara, and Eritrea.
This book addresses multiple aspects of the conflict between Georgia and Russia over the breakaway region of South Ossetia in August 2008, including the use of force, human rights, transnational litigation and international law 'rhetoric'. The particulars of the conflict are explored alongside their wider implications for international order.
The international law on the use of force is one of the oldest branches of international law. It is an area twinned with the emergence of international law as a concept in itself, and which sees law and politics collide. The number of armed conflicts is equal only to the number of methodological approaches used to describe them. Many violent encounters are well known. The Kosovo Crisis in 1999 and the US-led invasion of Iraq in 2003 spring easily to the minds of most scholars and academics, and gain extensive coverage in this text. Other conflicts, including the Belgian operation in Stanleyville, and the Ethiopian Intervention in Somalia, are often overlooked to our peril. Ruys and Corten's expert-written text compares over sixty different instances of the use of cross border force since the adoption of the UN Charter in 1945, from all out warfare to hostile encounters between individual units, targeted killings, and hostage rescue operations, to ask a complex question. How much authority does the power of precedent really have in the law of the use of force?