International Law And The Classification Of Conflicts

Author by : Elizabeth Wilmshurst
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 38
Total Download : 188
File Size : 55,7 Mb
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Description : International law separates international from non-international conflicts. This book discusses how this categorization operates, identifying the legal questions raised. Case studies from Colombia to Iraq show how this classification impacts on issues like detention in armed conflict and the relationship between human rights and humanitarian law.


Classification Of Conflicts In International Humanitarian Law

Author by : Noam Zamir
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 24
Total Download : 269
File Size : 55,5 Mb
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Description : Noam Zamir provides a thorough examination of the theoretical basis of classification of conflicts in international humanitarian law (IHL), with special focus on the legal impact of armed foreign intervention in civil wars. Classification of Conflicts in International Humanitarian Law enriches the discourse on IHL by providing an in-depth analysis of classification of conflicts and examining recent civil wars with foreign interventions, such as the Libyan civil war (2011), Mali civil war (2012-2015) and the ongoing civil war in Yemen.


Transnational Conflicts And International Law

Author by : Constantin von der Groeben
Languange : en
Publisher by : BoD – Books on Demand
Format Available : PDF, ePub, Mobi
Total Read : 68
Total Download : 523
File Size : 53,9 Mb
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Description : Ever since 9/11 the legal classification of transnational conflicts between states and non-state armed groups, such as Al Qaeda, has become a highly debated topic. While repeatedly referred to as the War on Terror, the legal qualification of the conflict between the US and Al Qaeda remains controversial: US military operations in Afghanistan against Al Qaeda and the use of drones against alleged terrorists in Pakistan, Yemen and other states pose the question as to whether this conflict truly qualifies as one single global war. Similarly, transnational conflicts such as the Colombian operation against a FARC base in Ecuador, Israel’s fight against Hezbollah in Lebanon, and Turkish operations against the PKK in northern Iraq pose difficulties as they transcend individual nations˙ political systems and geographical borders. Whether the law of war (i.e. humanitarian law) is applicable to such conflicts and to what extent human rights law binds the states involved is debated. This work aims to provide structure to the current debate and analyzes the applicability of both humanitarian law and human rights law. Furthermore, it examines and explores approaches to enhance and develop the existing legal framework, including proposed new legal regimes for transnational conflicts. The author argues against the strict separation of international humanitarian law and human rights law and instead borrows from Colombian authorities’ experience in their struggle with the FARC to develop an alternate solution, combining both legal regimes in an integrated approach.


The War On Terror And The Framework Of International Law

Author by : Helen Duffy
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 17
Total Download : 935
File Size : 47,7 Mb
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Description : Analyses the international legal framework governing terrorism and counter-terrorism and assesses the legal issues relating to post-9/11 international practice.


Research Handbook On International Law And Terrorism

Author by : Ben Saul
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 58
Total Download : 761
File Size : 44,8 Mb
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Description : This Handbook brings together leading scholars and practitioners to examine the prolific body of international laws governing terrorism. It exhaustively covers the global response to terrorism in transnational criminal law, the international law on the


The Law Of Armed Conflict

Author by : Dr U C Jha
Languange : en
Publisher by : Vij Books India Pvt Ltd
Format Available : PDF, ePub, Mobi
Total Read : 51
Total Download : 880
File Size : 54,7 Mb
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Description : This textbook gives an up-to-date and comprehensive analysis of the law of armed conflict or international humanitarian law. The author has traced the history of the laws of war and examined their relations with human rights and refugee laws. The topics covered include protection to the victims of war: prisoners, civilians, women, children, journalists, the natural environment and cultural property. The book contains an updated account of the functioning of the International Criminal Court, and explores the concept of command responsibility, as well as the area of private military and security companies. Besides discussing the law during air and naval warfare, the author has critically examined certain challenges which humanitarian law is facing today from cyber warfare; drones, autonomous lethal weapons and nuclear weapons. This textbook is an invaluable resource for anyone interested or working in the field of international humanitarian law: teachers, students, lawyers, government officials, military and police personnel, researchers and human rights activists.


Economic Social And Cultural Rights In Armed Conflict

Author by : Gilles Giacca
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 37
Total Download : 176
File Size : 50,7 Mb
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Description : This book addresses the international legal obligation to protect economic, social, and cultural human rights in times of armed conflict and other situations of armed violence. These rights provide guarantees to individuals of their fundamental rights to work, to an adequate standard of living (food, water, housing), to education, and to health. Armed violence can take many forms, from civil unrest or protest and other forms of internal disturbances and tensions to higher levels of violence that may amount to armed conflict, whether of an international or of a non-international character. However, in all such cases the protection of ESC rights is sorely challenged. Situations of actual or potential violence present a number of challenges to the application and implementation of human rights law in general and socio-economic rights obligations more specifically. This book sets out the legal framework, defining what constitutes a minimum universal standard of human rights protection applicable in all circumstances. It assesses the concept and content of ESC rights' obligations, and evaluates how far they can be legally applicable in various scenarios of armed violence. By looking at the specific human rights treaty provisions, it discusses how far ESC rights obligations can be affected by practical and legal challenges to their implementation. The book addresses the key issues facing the protection of such rights in times of armed conflict: the legal conditions to limit ESC rights on security grounds, including the use of force; the extraterritorial applicability of international human rights treaties setting out ESC rights; the relationship between human rights law and international humanitarian law; and the obligations of non-state actors under human rights law and with particular relevance to the protection of ESC rights. The book assesses the nature of these potential challenges to the protection of ESC rights, and offers solutions to reinforce their continued application.


The International Law Of Armed Conflict

Author by : Edward K. Kwakwa
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 27
Total Download : 893
File Size : 45,8 Mb
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Description : Books.


The Conflict Of Characterization In Private International Law

Author by : Véronique Allarousse
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 34
Total Download : 969
File Size : 44,9 Mb
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Description :


The International Tax Law Concept Of Dividend

Author by : Marjaana Helminen
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 61
Total Download : 213
File Size : 52,8 Mb
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Description : The distribution of profits between corporations resident in different jurisdictions gives rise to both significant tax planning opportunities and tax risks. As cross-border transactions between corporations grow in number and complexity, the question of how a profit distribution is classified for corporate income tax purposes becomes increasingly important, particularly in the context of issues such as double taxation, non-taxation and tax neutrality. The OECD BEPS project has only increased the relevance. This unique work discusses the international tax law rules determining which transactions may be classified and taxed as dividends and how possible classification conflicts may be resolved. The author examines the tax classification of various inter-corporate transactions, including: – Payments made under dividend-stripping arrangements. – Fictitious profit distributions. – Economic benefits in the context of transfer pricing. – Returns on debt-equity hybrids. – Interest payments in thin capitalization situations and distributions following liquidation. The analysis of each transaction refers to international tax law. Most weight is given to tax treaties and EU tax law, including the BEPS development. The approaches adopted in different states’ national tax law are covered by a more general analysis. The comprehensive coverage and the practical nature of The International Tax Law Concept of Dividend make it an essential acquisition for tax practitioners, researchers and tax libraries worldwide.