Description : The international law governing armed conflict is at a crossroads, as the formal framework of laws designed to control the exercise of self-defense and conduct of inter-state conflict finds itself confronted with violent 21st Century disputes of a very different character. Military practitioners who seek to stay within the bounds of international law often find themselves applying bodies of law-IHRL, IHL, ICL-in an exclusionary fashion, and adherence to those boundaries can lead to a formal and often rigid application of the law that does not adequately address contemporary security challenges. Fighting at the Legal Boundaries offers a holistic approach towards the application of the various constitutive parts of international law. The author focuses on the interaction between the applicable bodies of law by exploring whether their boundaries are improperly drawn, or are being interpreted in too rigid a fashion. Emphasis is placed on the disconnect that can occur between theory and practice regarding how these legal regimes are applied and interact with one another. Through a number of case studies, Fighting at the Legal Boundaries explores how the threat posed by insurgents, terrorists, and transnational criminal gangs often occurs not only at the point where these bodies of law interact, but also in situations where there is significant overlap. In this regard, the exercise of the longstanding right of States to defend nationals, including the conduct of operations such as hostage rescue, can involve the application of human rights based law enforcement norms to counter threats transcending the conflict spectrum. This book has five parts: Part I sets out the security, legal, and operational challenges of contemporary conflict. Part II focuses on the interaction between the jus ad bellum, humanitarian law and human rights, including an analysis of the historical influences that shaped their application as separate bodies of law. Emphasis is placed on the influence the proper authority principle has had in the human rights based approach being favored when dealing with "criminal" non-State actors during both international and non-international armed conflict. Part III analyzes the threats of insurgency and terrorism, and the state response. This includes exploring their link to criminal activity and the phenomenon of transnational criminal organizations. Part IV addresses the conduct of operations against non-State actors that span the conflict spectrum from inter-state warfare to international law enforcement. Lastly, Part V looks at the way ahead and discusses the approaches that can be applied to address the evolving, diverse and unique security threats facing the international community.
Description : In most states the boundary separating public waters from private uplands--the ordinary high water line (OHWL)--is a flashpoint between proponents of either property rights or public-trust protection of our water. Using Florida as a case study, Down to the Waterline is the first book-length analysis of the OHWL doctrine and its legal, technical, and cultural underpinnings. Sara Warner not only covers the historical function of the OHWL but tells how advances in science and our environmental attitudes have led us to a more complex encounter with this ancient boundary. Florida sees a steady influx of new residents who crowd along its extensive coasts and interior shorelines--yet who also demand pristine water resources. The OHWL establishes public access and private ownership limits on some of the state’s most valuable land: in economic terms, waterfront real estate; in ecological terms, marshes and wetlands. Sara Warner brings to life many of the courtroom battles fought over the OHWL through the perspectives of ranchers, outdoors enthusiasts, developers, surveyors, scientists, and policymakers. While explaining the OHWL’s legal and political intricacies, Warner never loses sight of the wonder of herons wading a marsh or a largemouth bass breaking a smooth lake surface. To her the OHWL is not just an ideological battleground; it is a marker of how we see the natural world. What do we think we’re doing when we channel a river or fill a swamp? she asks--for it matters greatly where we focus our attention before invoking the awesome capabilities of technology.
Description : Humanitarian intervention is a many layered and complex concept. While moral society has an obligation to stop deliberate and persistent serious human rights abuse, the direct use of force remains a contentious option alongside other strategies employed by the international community. This study analyzes the various ethical positions, particularly consequentialism, welfare-utilitarianism and just war theory to unravel this intricate topic. Uniquely, the book goes beyond previous philosophical or ethical treatments of the subject to provide a more rounded and practical reflection on the lessons learned from the revival of humanitarian intervention as a tool of conflict resolution.
Description : Cultural forces shape much of medicine including psychiatry, and medicine shapes much of our culture. Medicine provides us with beneficial treatments of disease, but it also causes harm, increasingly so in the form of overmedication enhanced by the pharmaceutical industry. The book explores boundaries of medicine and psychiatry in a cultural setting by building bridges between unconnected literatures. Boundaries have to be redrawn since effects of the environment, biological, social and political, on health and disease are undervalued. Potential beneficial effects of diet therapies are a recurrent theme throughout the text, with particular emphasis on omega-3 fatty acids. Deficiencies of these acids in common diets may contribute to many chronic diseases and psychiatric disorders. The book uncovers limitations of evidence-based medicine, which fosters a restrictive view of health and disease. Case studies include: the biology of migraine; limitations of biological psychiatry; conventional versus alternative medicine; science, religion and near-death experiences.
Description : This book provides a comprehensive yet concise overview of key issues related to the regulation of armed hostilities between States, and between States and non-State groups. Coverage begins with an explanation of the conditions that result in the applicability of international humanitarian law, and then subsequently addresses how the law influences a broad range of operational, humanitarian, and accountability issues that arise during military operations. Each chapter provides a clear and comprehensive explanation of humanitarian law, focusing especially on how it impacts operations. The chapters also highlight both contemporary controversies in the field and potentially emerging norms of the law. The book is an ideal text for students studying international humanitarian law for the first time, as well as an excellent introduction for students and practitioners of public international law and international relations.
Description : Whether they want to or not, police are increasingly having to work with and through many local, national and international partnerships. This edited collection explores the development of policing and security networks. It looks at ways in which police can develop new strategies for integrating the knowledge, capacities and resources of different security providers and assesses the challenges associated with such a venture.
Description : This selection of readings is aimed at Canadian university students in Women's Studies courses. Its interdisciplinary approach allows students to look at topics from the perspective of a range of academic disciplines. Each chapter offers students an introduction to the issue, followed by excerpts that present current debates through scholarly, fictive, journalistic, and personal narratives.
Description : Many commentators, regulatory agencies and politicians have blamed the risky behaviour of both financial institutions and their actors for the collapse of the United States sub-prime mortgage market which in turn precipitated the global 'Credit Crunch'. This edited volume explores how financial crime played a significant role in the global economic crisis. The volume features contributions from internationally renowned academic and practitioner experts in the field who pinpoint some of the most important facets of financial crime which have emerged over recent years. Key subjects include: the possibility of criminalising reckless risk-taking on the financial markets; the duty of banks to prevent money-laundering and corruption; the growth of the Shadow Banking System; and the manipulation of LIBOR by banks. The book illustrates the global nature of financial crime, and highlights the complex relationships between regulatory bodies, law enforcement agencies and private actors in the attempt to limit the harmful effect of white collar crime on the stability of the financial sector. This book will be of great use and interest to scholars, practitioners and students within the field of financial crime, banking and finance law, and international political economy.