To see the other types of publications on this topic, follow the link: Recourse to force.
Journal articles on the topic 'Recourse to force'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Recourse to force.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Sloan, James. "UN Peacekeeping under Kofi Annan: Recourse to Force." Journal of International Peacekeeping 12, no. 1 (September 13, 2008): 51–82. http://dx.doi.org/10.1163/18754112-90000055.
Full text
2
Gowa, Joanne. "Politics at the Water's Edge: Parties, Voters, and the Use of Force Abroad." International Organization 52, no. 2 (1998): 307–24. http://dx.doi.org/10.1162/002081898753162839.
Full textAbstract:
This article examines the effects of party politics and presidential election cycles on U.S. recourse to force abroad. I analyze a game-theoretic model to generate predictions about these effects. In the unique time-consistent equilibrium outcome of the one-shot game, policy varies across political parties. In a subgame–perfect equilibrium outcome of the repeated game, the use of force is invariant to the partisan composition of government. In neither case does policy respond to the electoral cycle.An empirical analysis supports the predictions of the repeated game. Between 1870 and 1992, U.S. recourse to force abroad responds neither to partisan politics nor to the domestic political calendar. It responds only to changes in U.S. power status and to the advent of general wars.
3
Sossai, Mirko. "Regulating recourse to the use of force: Theories and practice." International Spectator 41, no. 3 (July 2006): 99–102. http://dx.doi.org/10.1080/03932720608459431.
Full text
4
Renner, Adrian. "Ungeheure Kräfte." Scientia Poetica 25, no. 1 (December 6, 2021): 123–42. http://dx.doi.org/10.1515/scipo-2021-004.
Full textAbstract:
Abstract This article examines Friedrich Nietzsche’s recourse to Robert Mayer’s physical and physiological concept of release (Auslösung) in various fragments, notes and writings from the 1880ies. Nietzsche’s understanding of force can be articulated as a critic of a purely mechanical understanding of the thermodynamic law of the conservation of energy. Based on Mayer’s writings, Nietzsche describes the eruptive quantitative release of forces as a qualitative process shaped by the bodily perception of forces. The underlying feeling of force (Kraftgefühl) can be traced in biological, psychological, historical and aesthetic phenomena and is rendered by Nietzsche both anthropomorphically as will and as a universal physiological law that determines bodily, social and moral actions.
5
Azmat, Ahson. "Tort’s Indifference: Conformity, Compliance, and Civil Recourse." Journal of Tort Law 13, no. 1 (August 27, 2020): 1–30. http://dx.doi.org/10.1515/jtl-2019-0017.
Full textAbstract:
AbstractLeading accounts of tort law split cleanly into two seams. Some trace its foundations to a deontic form of morality; others to an instrumental, policy-oriented system of efficient loss allocation. An increasingly prominent alternative to both seams, Civil Recourse Theory (CRT) resists this binary by arguing that tort comprises a basic legal category, and that its directives constitute reasons for action with robust normative force. Using the familiar question whether tort’s directives are guidance rules or liability rules as a lens, or prism, this essay shows how considerations of practical reasoning undermine one of CRT’s core commitments. If tort directives exert robust normative force, we must account for its grounds—for where it comes from, and why it obtains. CRT tries to do so by co-opting H.L.A. Hart’s notion of the internal point of view, but this leveraging strategy cannot succeed: while the internal point of view sees legal directives as guides to action, tort law merely demands conformity. To be guided by a directive is to comply with it, not conform to it, so tort’s structure blocks the shortcut to normativity CRT attempts to navigate. Given the fine-grained distinctions the theory makes, and with the connection between its claims and tort’s requirements thus severed, CRT faces a dilemma: it’s either unresponsive to tort’s normative grounds, or it’s inattentive to tort’s extensional structure.
6
Schimmel, Roy J., William J. Endres, and Robin Stevenson. "Application of an Internally Consistent Material Model to Determine the Effect of Tool Edge Geometry in Orthogonal Machining." Journal of Manufacturing Science and Engineering 124, no. 3 (July 11, 2002): 536–43. http://dx.doi.org/10.1115/1.1448334.
Full textAbstract:
It is well known that the edge geometry of a cutting tool affects the forces measured in metal cutting. Two experimental methods have been suggested in the past to extract the ploughing (noncutting) component from the total measured force: (1) the extrapolation approach and (2) the dwell force technique. This study reports the behavior of zinc during orthogonal machining using tools of controlled edge radius. Application of both the extrapolation and dwell approaches showed that neither produces an analysis that yields a material response consistent with the known behavior of zinc. Further analysis shows that the edge geometry modifies the shear zone of the material and thereby modifies the forces. When analyzed this way, the measured force data yield the expected material response without requiring recourse to an additional ploughing component.
7
Richards, Joanne. "Forced, coerced and voluntary recruitment into rebel and militia groups in the Democratic Republic of Congo." Journal of Modern African Studies 52, no. 2 (April 30, 2014): 301–26. http://dx.doi.org/10.1017/s0022278x14000044.
Full textAbstract:
ABSTRACTWhy do non-state armed groups forcibly recruit civilians? To address this question I develop a conceptual framework distinguishing voluntary, coerced and forced recruitment. I then compare the recruitment tactics employed by ‘Mai-Mai’ militias and the RCD-Goma rebel group in the Democratic Republic of Congo (DRC) in order to inductively develop a theory explaining why groups with different initial economic and social endowments resort to force. This comparison draws on interviews with 41 former militia members and 11 former members of RCD-Goma. The theory suggests that forced recruitment is most likely to occur when non-state armed groups experience manpower deficits and when accountability (to local communities, government sponsors and/or the international community) is low. High levels of popular support will not necessarily prevent recourse to force under these conditions, but may mean that force is less necessary because voluntary and coerced recruits come forward to fill manpower gaps.
8
Swaine, Michael D. "Does China Have a Grand Strategy?" Current History 99, no. 638 (September 1, 2000): 274–79. http://dx.doi.org/10.1525/curh.2000.99.638.274.
Full textAbstract:
The guiding elements of China's calculative grand strategy are clearly reflected in the policies China is pursuing in four separate areas: policies toward the United States; policies toward military modernization; policies toward territorial claims and the recourse to force; and policies toward international regimes.
9
Goodman, Ryan. "CONTROLLING THE RECOURSE TO WAR BY MODIFYING JUS IN BELLO." Yearbook of International Humanitarian Law 12 (December 2009): 53–84. http://dx.doi.org/10.1017/s1389135909000038.
Full textAbstract:
AbstractAccording to a bedrock principle of international law, the rules regulating the recourse to war and the rules regulating conduct during war must be kept conceptually and legally distinct. The purported independence of the two domains – the ‘separation principle’ – remains unstable despite its historic pedigree. This essay explores recent developments that threaten to erode the separation. The author analyzes, in particular, doctrinal innovations that result in the regulation of the recourse to war through alterations of jus in bello. International and national institutions have incentivized states to pursue particular paths to war by tailoring the rules that regulate conduct in armed conflict. Some warpaths are accordingly rewarded, and others are penalized. The article then explores potential consequences, first, on state behavior involving the use of force and, second, on state behavior involving the conduct of warfare. One significant conclusion is that these recent developments channel state behavior and justifications for using force toward security-based and strategic rationales. These efforts – whether intended or not – risk suppressing ‘desirable wars’ and inspiring ‘undesirable wars.’ These recent developments also undercut humanitarian protections by undermining the mechanisms for compliance with legal norms on the battlefield.
10
Marshall, J. C., and A. Groom. "FORCE MAJEURE CLAUSES—HOW DEPENDABLE ARE THEY?" APPEA Journal 40, no. 1 (2000): 759. http://dx.doi.org/10.1071/aj99054.
Full textAbstract:
Force Majeure clauses are becoming increasingly important to the energy industry. With the privatisation of downstream energy participants and removal of statutory immunities from liability, downstream participants are more likely to seek recourse from upstream parties where there is a failure in supply. Whether this will result in energy producers, wholesalers and retailers being held liable will generally depend on the wording of the force majeure clause contained in the relevant supply contract.This paper considers various issues that have arisen in the construction of force majeure clauses and makes suggestions as to how a party entering into a contract containing a force majeure clause can enhance the protection afforded by such a clause.
11
Shaffer, Joseph. "Relativistic electrodynamics without Lorentz transformations." Physics Essays 33, no. 3 (September 19, 2020): 319–24. http://dx.doi.org/10.4006/0836-1398-33.3.319.
Full textAbstract:
The object of this exercise is to show that the force between moving charges can be obtained in a very different way than is usual without recourse to the Lorentz transformations. We suppose the spinning electron creates two massless strings which connect to another electron either stationary or moving. Each string carries a wave, one the de Broglie wave and the other a wave that moves at c that mediates the force between charges in addition to guiding the electron’s motion.
12
Donge, Jan Kees van. "Legal insecurity and land conflicts in Mgeta, Uluguru Mountains, Tanzania." Africa 63, no. 2 (April 1993): 197–218. http://dx.doi.org/10.2307/1160841.
Full textAbstract:
AbstractThis article explains why people in Mgeta become locked in long and expensive land disputes. These disputes cannot be explained as rational choice strategies: the value of the land involved bears no relation to the costs people claim to incur: and people have recourse to the State legal arena without any reasonable expectation of a resolution of the conflict there. The explanation offered here is that there is a breakdown in the social definition of reality. The quest for justice is seen as a legal expression of a search for such definition.The Waluguru reason about land mainly in terms of a matrilineal ideology. This ideology is not, however, an ahistorical identity which gives automatic answers in disputes; it has to be continuously constructed as society copes with social change. The problem cannot be seen as one of cultural lag, where modern forms of law clash with older forms. Case material shows that recourse to individual title, for example, requires as much social construction of reality as recourse to Luguru systems of law. It also shows that these forms of law are inextricably intertwined. The failure to express a social construction of reality which is experienced as authoritative and binding is exacerbated by a vacuum of authority which has emerged in Luguru society.The obvious force driving these seemingly irrational conflicts is envy. In a situation, as here, where there is a breakdown in the social construction of reality and where a vacuum of authority exists, this disruptive force can manifest itself in unbridled form.
13
BYERS, MICHAEL. "Not yet havoc: geopolitical change and the international rules on military force." Review of International Studies 31, S1 (December 2005): 51–70. http://dx.doi.org/10.1017/s0260210505006789.
Full textAbstract:
This article considers the relationship between geopolitical change and the evolving international rules on military force. Its focus is the impact of the United States’ rise to hegemonic status on the rules governing recourse to force (the jus ad bellum) and the conduct of hostilities (the jus in bello, otherwise known as ‘international humanitarian law’). For reasons of space and clarity of analysis, the article does not focus on the different, more traditional IR questions of whether and why the behaviour of the United States might be constrained by these rules.
14
Gruodytė, Edita, and Marijus Šalčius. "Problems of the Application of Recourse Against a Person Who Has Caused Damage by Illegal Acts in Criminal Proceedings: The Case of Lithuania." Baltic Journal of Law & Politics 15, no. 1 (October 1, 2022): 31–53. http://dx.doi.org/10.2478/bjlp-2022-0002.
Full textAbstract:
Abstract The need to compensate for material and moral damage caused to a person is a constitutional principle, which is implemented in Article 6.272 of the Civil Code of the Republic of Lithuania, establishing the non-contractual liability of the State for damage caused by pre-trial investigation officers, a prosecutor, a judge, or a court (hereinafter referred to as the “Officials”). Furthermore, Article 6.272(4) of the Civil Code provides that if the damage is caused by the intentional actions of the Officials, the State shall acquire the right of recourse in accordance with the procedure laid down by law. In Lithuania, the number of cases of compensation for damage caused by unlawful acts of the Officials is increasing, while the recourse procedure has not yet been applied even though 20 years have passed since the above-mentioned rule of the Civil Code came into force. The authors of the article search for the answer why the recourse procedure is not applied in practice by analysing the legal regulation of the regression and the content of intentional fault using theoretical, comparative, linguistic, historical, jurisprudence analysis, and related legal methods.
15
Sarooshi, Dan. "The Recourse to Force by the United Nations: The Contributions of Thomas M. Franck." Proceedings of the ASIL Annual Meeting 104 (2010): 399–403. http://dx.doi.org/10.5305/procannmeetasil.104.0399.
Full text
16
Ruys, Tom, and Felipe Rodríguez Silvestre. "Illegal: The Recourse to Force to Recover Occupied Territory and the Second Nagorno-Karabakh War." European Journal of International Law 32, no. 4 (November 1, 2021): 1287–97. http://dx.doi.org/10.1093/ejil/chab108.
Full textAbstract:
Abstract The Second Nagorno-Karabakh War, and its lingering aftermath, have put the fundamental and largely unsettled question of the jus ad bellum in the spotlight: when part of one state’s territory is occupied by another state for a prolonged duration, can the former state have lawful recourse to military force to recover its land? Prior to the 2020 conflict, the Nagorno-Karabakh region was widely regarded as belonging de jure to Azerbaijan, but as being unlawfully occupied – for more than 25 years – by Armenia. Accordingly, was Azerbaijan entitled to claim self-defence to lawfully recover it, even though the pre-2020 territorial status quo in the region had existed for more than a quarter of a century? In addition, could Azerbaijan invoke self-defence again in the near or distant future to recover those remaining parts of territory that continue to be outside of its control now that a new ceasefire is being enforced in the region? The answers to these questions have ramifications that extend far beyond the Caucasus, being of relevance for a wide range of pending conflicts around the globe. Upon closer scrutiny, the present authors believe that a negative answer is in order.
17
Charara, Layan. "The Legal Architecture of United Nations Peacekeeping: A Case Study of UNIFIL." Michigan Journal of International Law, no. 40.2 (2019): 385. http://dx.doi.org/10.36642/mjil.40.2.legal.
Full textAbstract:
This Note explores the ways UNIFIL is a unique peacekeeping force that can still teach broader lessons about UN peacekeeping It is organized into four parts: Part I provides a contour of UN peacekeeping operations; Part II chronicles the history of UNIFIL; Part III analyzes the current legal regime with respect to UN peacekeeping; and Part IV surveys solutions offered in the past and recommends more apposite courses of action to strengthen the legal recourse available to peacekeepers and their families.
18
Iyi, John-Mark. "Of Norms and Ambiguity: The Contested Authority of UN Security Council and African Union in the Use of Force in Africa." Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law 83, no. 1 (2023): 91–118. http://dx.doi.org/10.17104/0044-2348-2023-1-91.
Full textAbstract:
There has been a renewed interest in the debates on the use of force. This resurgence in academic and policy circles can be attributed to the new wave of military interventions after the initial hiatus of the Global War on Terror period. The recent cases of the use of force are once again raising pertinent legal questions regarding the responsibility for the maintenance of international peace and security which is vested in the United Nations Security Council (UNSC) by the United Nations (UN) Charter. This authority, exemplified by the UNSC control of the use of force has been challenged by unilateral recourse to force by States, coalitions of States and regional organisations. The African Union (AU) has developed regional legal frameworks which may contest some established legal norms on the use of force, including the primary responsibility of the UNSC to authorise the use of force for the maintenance of international peace and security. In this article, I delineate these norm contestations and identify specific modes of such contestations in UNSC-AU relationship within the frameworks of their respective constitutive treaties. I draw on the idea of norm localisation and subsidiarity to understand the African Union’s approach to its relationship with the UNSC, the ways in which these norm contestations impact that relationship and how the contestations affect the norm on the use of force.
19
Akande, Dapo, and Antonios Tzanakopoulos. "Legal: Use of Force in Self-Defence to Recover Occupied Territory." European Journal of International Law 32, no. 4 (November 1, 2021): 1299–307. http://dx.doi.org/10.1093/ejil/chab109.
Full textAbstract:
Abstract This article argues that, in certain circumstances, it is legal for a state to use force in self-defence in order to recover territory unlawfully occupied by another state as a result of an armed attack. Where occupation follows from an unlawful armed attack, the occupation is a continuing armed attack, and the attacked state does not lose its right to self-defence simply because of passage of time. It is argued that while it is trite law that territorial disputes cannot be resolved by recourse to force, it is important to draw the distinction between a territorial dispute, on the one hand, and a situation of armed attack resulting in occupation of territory, on the other. Furthermore, where years pass between the initial attack and the use of force in self-defence, that may suggest that there is no other reasonable means of bringing the armed attack and occupation to an end, rendering the use of force in self-defence the ultima ratio – which is precisely the point of the necessity requirement. On this view, time runs against, rather than in favour of, the aggressor.
20
BROWN, HOWARD G. "DOMESTIC STATE VIOLENCE: REPRESSION FROM THE CROQUANTS TO THE COMMUNE." Historical Journal 42, no. 3 (September 1999): 597–622. http://dx.doi.org/10.1017/s0018246x99008596.
Full textAbstract:
Putting down a revolt always risks seeing the legitimate use of force degenerate into an excessive and discredited repression, here called domestic state violence. Sergio Cotta's analytical model of the difference between force and violence helps to reveal the significance of various cycles of revolt and repression over three centuries of French history. Oscillations between measured coercive force and domestic state violence divide these three centuries into six stages: early absolutist (1594–1639), Louisquatorzian (1640–75), themistocratic (1675–1789), revolutionary (1792–5), late republican (1797–1802), and liberal authoritarian (1802–71). Continuities existed across all of these stages, such as the recourse to regular troops and summary justice; however, periods of rapid socio-political realignment caused the use of force to become domestic state violence. In order to overcome the alienation this produced, the state created new means of restricting its use of force while still protecting the new social order. The years 1797–1802 constituted the pivotal phase of this process because this was when so many methods of repression developed during the era between early absolutism and the Terror were revived, only now wrapped in the restraints of legal-rational authority. The resulting ‘liberal authoritarianism’ persisted until the 1880s without substantial changes other than growth in the sheer magnitude of repression.
21
Falk, Richard A. "What Future for the UN Charter System of War Prevention?" American Journal of International Law 97, no. 3 (July 2003): 590–98. http://dx.doi.org/10.2307/3109844.
Full textAbstract:
President George W. Bush historically challenged the United Nations Security Council when he uttered some memorable words in the course of his September 12, 2002, speech to the General Assembly: “Will the UN serve the purpose of its founding, or will it be irrelevant?” In the aftermath of the Iraq war there are at least two answers to this question. The answer of the U.S. government would be to suggest that the United Nations turned out to be irrelevant due to its failure to endorse recourse to war against the Iraq of Saddam Hussein. The answer of those who opposed the war is that the UN Security Council served the purpose of its founding by its refusal to endorse recourse to a war that could not be persuasively reconciled with the UN Charter and international law. This difference of assessment is not just factual, whether Iraq was a threat and whether the inspection process was succeeding at a reasonable pace; it was also conceptual, even jurisprudential. The resolution of this latter debate is likely to shape the future role of the United Nations, as well as influence the attitude of the most powerful sovereign state as to the relationship between international law generally and the use of force as an instrument of foreign policy.
22
Meng, Michael. "On Authoritarianism. A Review Essay." Comparative Studies in Society and History 59, no. 4 (September 29, 2017): 1008–20. http://dx.doi.org/10.1017/s0010417517000354.
Full textAbstract:
A product of the nineteenth-century age of “isms,” authoritarianism describes a worldview that promotes the establishment of a hierarchical relation whereby one person or group dominates and governs another without recourse to either physical force or persuasion. Authoritarianism is the advocacy of authority as a source or origin that compels voluntary obedience without question. A person has authority if he or she can command someone to do something without having to do anything other than issue a command; which is to say that the person who obeys recognizes the authority of the person who commands as legitimate or correct. The word authority comes from the Latin, auctoritas, which Cicero employs to characterize the distinctive influence of the Senate in ancient Rome: “Power is with the people, authority with the Senate.” Whereas power (potestas) is political and relies on force or persuasion to command obedience, authority enjoys unequivocal obedience as a source beyond the contested realm of politics.
23
Osanloo, Arzoo. "Reflections on Reconciliation and Revolution." Comparative Studies of South Asia, Africa and the Middle East 42, no. 2 (August 1, 2022): 538–40. http://dx.doi.org/10.1215/1089201x-9988022.
Full textAbstract:
Abstract The essay reflects on the politics and politicization of pardons in post-conflict, post-revolutionary contexts. Drawing from immediate post-revolutionary moments in 1979 Iran and 2021 Afghanistan, Osanloo explores how pardons can be mobilized both to assert and legitimize power. As the same time, in a post-conflict setting, pardons can provide some recourse to justice for parties that have experienced loss and offer a possible path to broad societal reconciliation. The use of pardons, even in post-conflict dispute resolutions, however, may highlight power imbalances. In such contexts, the refusal to request a pardon by seemingly weaker parties may itself be a show of force, a righteous resolve to resist power and refuse legitimation.
24
Hanley, Donal. "COVID-19 and International Aircraft Financing Law." Air and Space Law 45, Special issue (July 1, 2020): 155–71. http://dx.doi.org/10.54648/aila2020055.
Full textAbstract:
As a result of the Coronavirus disease 2019 (COVID-19) coronavirus pandemic, and the consequent drastic limitations on, and reduction in demand for, air travel, many airlines are finding it difficult to pay rent to lessors on aircraft they lease or to repay financiers in respect of moneys to buy aircraft which they own. Airlines may be able to agree deferral or reduction in payment obligations, or even to any early return of the aircraft, but what legal recourse is there under international air law if agreement cannot be reached, and does it make sense to pursue it in the context of the pandemic? Lease, Finance, Frustration, Force majeure, Cape Town Convention
25
Inbar, Efraim, and Shmuel Sandler. "The changing Israeli strategic equation: Toward a security regime." Review of International Studies 21, no. 1 (January 1995): 41–59. http://dx.doi.org/10.1017/s0260210500117516.
Full textAbstract:
Israel is situated in the Middle East, which is not a zone of peace but rather of turmoil. In contrast to the West where peace has become the norm, the Middle East exists in a different socio-political time zone. It is war-prone and the use of force still evokes remarkable popular support. The Middle East, similar to other Third World regions, displays a greater propensity for intra- and inter-state conflict as compared to the environments of the developed states. Therefore, the Middle East is not about to be transformed into what Karl Deutsch called a ‘security community’, where recourse to arms is not acceptable for the resolution of inter-state conflict.
26
BEHAL, RANA P. "Coolie Drivers Or Benevolent Paternalists? British Tea Planters in Assam and the Indenture Labour System." Modern Asian Studies 44, no. 1 (September 18, 2009): 29–51. http://dx.doi.org/10.1017/s0026749x09990059.
Full textAbstract:
AbstractThis paper traces the evolution of the indenture labour system in the tea plantations of Assam and, simultaneously, the shaping of the attitudes of British planters towards the labour force. Also explored are: the significant fact that only a small number of British managerial personnel were in charge of a huge migrant labour force; how the need to step up tea production for the competitive world market while keeping down costs—i.e. labour costs, being the main production cost—fostered an exploitative labour system, with planters taking frequent recourse to physical and economic coercion; and the ensuing extra-legal measures needed to keep the labour force under control. The paper also demonstrates that the colonial state was in full cognizance of the injustices of the labour system. Legislation by the government had laid the foundations of the indenture system and, while there were provisions for protecting the interests of labour force, these were on the whole ignored, with the state turning a blind eye to the planters’ use of physical and other extra-legal measures. One instance involved Chief Commissioner Henry Cotton, who attacked the injustices of the system. This attack was silenced swiftly, and the stance taken by Viceroy Curzon as the incident played out is a clear pointer to the government's willingness, to side with tea-industry interests at all costs.
27
Ronzitti, Natalino. "Rescuing Nationals Abroad Revisited." Journal of Conflict and Security Law 24, no. 3 (2019): 431–48. http://dx.doi.org/10.1093/jcsl/krz030.
Full textAbstract:
Abstract The general rule on the prohibition on use of force in international relations has rendered controversial the cases in which states may lawfully resort to armed force. Even self-defense, which is undoubtedly a lawful action, is the object of contentious interpretations of its precise content and modalities of exercise. Are there lawful instances of recourse to armed action in addition to self-defense and use of force authorized by the United Nations? This is greatly disputed and the controversy also embodies the legality of intervention for rescuing nationals abroad. The latter's lawfulness is the object of this article, which revisits previous work by the author more than 30 years ago, taking into account new state practice, the scarce jurisprudence, the works of the ILC, the relevant UN declarations and international conventions and the opinions of qualified jurists. The main finding is that the practice of intervention for rescuing nationals abroad, once the prerogative of the Western States, now includes actions by other states belonging to different regional groups. The Russian Federation is the most notable example. This article examines the various circumstances in which the necessity for a rescue operation arises and the justifications that may be invoked. It concludes that intervention for rescuing nationals abroad in mortal danger is allowed by a norm of customary international law, which constitutes an autonomous exception to the prohibition of the use of force in international relations.
28
Hermann Léopold, HOUESSOU. "THE " REPUBLICAN POLICEMAN" ACCORDING TO THE OTHER IN ABOMEYCALAVI (BENIN)." International Journal of Agriculture, Environment and Bioresearch 07, no. 04 (2022): 01–14. http://dx.doi.org/10.35410/ijaeb.2022.5739.
Full textAbstract:
In Benin, the "Republican Police" is defined as a single internal security force, resulting from the merger of the former national police and the former national gendarmerie of Benin in accordance with law N ° 2017-41 of December 29, 2017. Article 2 of Decree No. 2018-314 of July 11, 2018 stipulates that the Republican Police is a paramilitary force established to ensure public security, the maintenance of order and the execution of laws. It has jurisdiction over the entire territory, including paramilitary and military personnel as well as military barracks, air bases and naval force buildings. The police officer is therefore invested with missions that can put him in “situation” with all the components of society, including his own colleagues. This state of affairs generates a host of opinions related to the police in the execution of their sovereign missions. This research aims to analyze the perceptions of the Republican policeman in the town of Abomey-Calavi. To achieve this, recourse is made to a methodological approach based on documentary research, field investigation and observation. The interviews carried out with 32 respondents composed of citizens, municipal elected officials, road users, prisoners, market women, but also agents of public security and defense forces were approached. It emerges from the analysis of the data carried out under the prism of the symbolic interactionism of H. Blumer, that the Republican police officer is much more concerned with something other than the security and the free movement of people and their goods. Some people surveyed think that the police officer is often misunderstood and is the object of contempt. For still others, the police officer must be more professional to avoid prejudices that are detrimental to the institution.
29
Farokh Payam, Amir, Oliver Payton, Mahmoud Mostafavi, Loren Picco, Stacy Moore, Tomas Martin, A. D. Warren, and David Knowles. "Development of Fatigue Testing System for in-situ Observation by AFM & SEM." MATEC Web of Conferences 300 (2019): 14002. http://dx.doi.org/10.1051/matecconf/201930014002.
Full textAbstract:
A three-point bend fatigue miniature stage for in-situ observation of fatigue microcrack initiation and growth behaviour by scanning electron microscopy (SEM) and atomic force microscopy (AFM) has been manufactured. Details of the stage design with finite element analysis of the stress profiles on loading are provided. The proposed stage facilitates study of the micro mechanisms of fatigue when used during SEM and AFM scanning of the sample surface. To demonstrate the applicability of the system, fatigue tests have been performed on annealed AISI Type 316 stainless steel. Surface topography images obtained by SEM and HS-AFM (High Speed AFM) are presented for comparison. The data can be used to validate crystal plasticity models which should then directly predict multiaxial behaviour without recourse to deformation rules such as equivalent stress or strain.
30
Proulx, Vincent-Joël. "The “War on Terror” and the Framework of International Law." Canadian Journal of Political Science 40, no. 1 (March 2007): 278–79. http://dx.doi.org/10.1017/s0008423907070424.
Full textAbstract:
The “War on Terror” and the Framework of International Law, Helen Duffy, Cambridge: Cambridge University Press, 2005, pp. li, 488.The war on terror poses increasingly intractable challenges for the international legal order. Some commentators query whether the international reaction to 9/11 might have relaxed or transformed well-established legal principles, particularly in the fields of recourse to force and state responsibility. Other scholars opine that international law is adequately suited to address the relatively new and polymorphous threats of terrorism. Regardless of one's stance on the question, it is clear that the current war on terror has generated considerable academic writing, both inside and outside of law, and propelled various legal issues, such as the application of international human rights, international humanitarian law and international criminal law, to the forefront of scholarly inquiry.
31
Tucker, Ian. "Bio-Somatic-Power." Outlines. Critical Practice Studies 13, no. 1 (August 23, 2011): 82–93. http://dx.doi.org/10.7146/ocps.v13i1.5453.
Full textAbstract:
Biopower is a prominent force in mental health, with psychiatry having a strong influential grasp across the areas of definition of mental disorders, diagnosis, care, treatment, and legislation. One area that impacts upon the everyday lives of community mental health service users is treatment, largely dominated by medication. This paper will explore biopower in relation to the practices and management of mental health service users’ medication regimens. Michel Foucault’s insistence in his later work that power is the product of bodily forces will be drawn upon in highlighting the importance of undertaking analysis of medication regimens. Taking examples from a project focused on service user experience, the concept of ‘somatic enactment’ is suggested as a means through which to open up biopower to the localised concerns of service users with regard to the issue of managing one’s body on a day to day basis, as affected by medication. In doing so, the author seeks to move towards a notion of biopower that does not only work on a ‘top down’ manner, and in which processes of embodied subjectification can be illuminated, without recourse to a straightforward power-resistance framework.
32
Valero Redondo, María. "Wuthering Heights and Kleist's Novellen: Rousseauian Nature, Spontaneous Love, Infancy and the Performative Subversion of the Law." Miscelánea: A Journal of English and American Studies 62 (January 25, 2021): 147–65. http://dx.doi.org/10.26754/ojs_misc/mj.20205156.
Full textAbstract:
This article analyses the numerous thematic similarities between Wuthering Heights and Heinrich von Kleist’s Novellen, especially “Der Findling”. I justify this seemingly unconventional comparison on the basis that both Kleist and Emily Brontë were deeply influenced by Rousseau’s works and by his novel, Julie, ou, laNouvelle Héloïse (1761). The works of both authors share a typically Rousseauian theme: a hostility toward urban civilization and a strong intimacy with nature. This theme is loaded with ideological force and is present in at least four subthemes: the communion with nature, natural childhood, the nature of spontaneous love and the parodic reiteration of the normative community. Thus, although there is no evidence of Brontë’s direct knowledge of Kleist’s work, I suggest that their shared recourse to a common precursor may account for the uncanny similarity between Kleist’s Novellen and Wuthering Heights.
33
Rivera, Adelaida. "Responsibility To Protect: What For?" Politikon: The IAPSS Journal of Political Science 20 (June 29, 2013): 73–80. http://dx.doi.org/10.22151/politikon.20.6.
Full textAbstract:
On March 17th 2011, the United Nations Security Council approved the Resolution 1973 which authorized the use of force in Libya in order to protect civilians from the attacks performed by the state armed forces. The military action by NATO in Libya has resulted in diverse and divided opinions. The recourse of Responsibility to protect appeared later as a measure intended to be implemented in the ongoing conflict in Syria, but after two failed resolutions, it became clear that some UN Security Council members are not willing to repeat the Libyan scenario. This text aims to examine some basic notions of the R2P concept, its application in Libya and the implications of the results after the Libyan case on its possible application in Syria. Should the discussed objectives behind the application of Responsibility to Protect in the Libyan case and its results be determinant on the decision whether this doctrine can be applied in Syria? Is it possible that the mistakes committed in Libya, the atrocities now experienced in Syria and the non-response by the international community could mark the end of the whole concept of Responsibility to Protect? These questions are intended to be discussed in this paper.
34
Doona, Mary Ellen. "Challenging Unjust Authority and Creating a Profession." Creative Nursing 23, no. 2 (2017): 129–37. http://dx.doi.org/10.1891/1078-4535.23.2.129.
Full textAbstract:
The emergence of the trained nurse as a new profession for women coincided with the transformation of hospitals from refuges for the sick and poor into treatment facilities. The hospital was an apt setting for learning nursing’s fundamentals, but the domestic demands of the setting soon took precedence over nursing education. Nursing superintendents struggled to honor the right of pupil nurses to an education over the might of the hospital’s demands. The 20th anniversary of the Trained Nurse Movement in 1893 proved the decisive moment when nursing superintendents created professional associations and gathered the nursing diaspora into a coherent force. Recourse to the law followed with nurses seeking legal validation of their authority over nursing education. Now, as then, a nurse’s authority is a right that has to be protected when the might of individuals and institutions, both subtle and blatant, interferes with nurses caring for the well-being of society.
35
Roumette, Julien. "From Clappique to Sganarelle: Fluttering with Malraux and Gary." Literatūra 64, no. 4 (October 29, 2022): 70–80. http://dx.doi.org/10.15388/litera.2022.64.4.4.
Full textAbstract:
Romain Gary is not close to André Malraux only by his political and war time commitments. They also share a form of creative fantasy that shakes up literary genres, embodied by the character of Clappique, in La Condition Humaine. He serves as a model for the recurring figure of the Baron in Romain Gary’s novels, through different incarnations from Le Grand Vestaire to Les Couleurs du jour and Clair de femme. Fanciful and comical portraits, these caricatural characters appear as a buffoonish recourse in the face of history. Gary will push this salutary counterpoint very far, gradually releasing the comic force of his fantasy, while Malraux will not resist giving this endearing double a last lap in his Antimémoires. Seeing the writer as Clappique makes it possible to show the fruitfulness and the constancy of this “wacky” (« farfelue ») dimension, which is part of the companionship between the two writers.
36
Dąbrowski, Daniel. "Konstytucyjna zasada ochrony konsumenta (art. 76 Konstytucji RP) w orzecznictwie Sądu Najwyższego." Przegląd Prawa Konstytucyjnego 73, no. 3 (2023): 63–74. http://dx.doi.org/10.15804/ppk.2023.03.05.
Full textAbstract:
One of the constitutional principles is the principle of consumer protection expressed in Article 76 of the Constitution. The paper adopts a research hypothesis according to which this principle plays an important role in the process of application of the law by the Supreme Court and justification of its judgments. The hypothesis was verified through the analysis of several dozen judgments issued during the period of the Constitution. This analysis made it possible to confirm the hypothesis. The Supreme Court invokes the title principle in many of its judgments for persuasive purposes (to strengthen the argumentation contained in the justification) and also uses it as an interpretative guideline. The role of the title principle has increased after the entry into force of the provisions on the extraordinary complaint, as recourse to it creates the possibility to set aside final judgments whose issuance has led to the violation of consumer rights.
37
Zoleikhaei, Saman, and Shideh Ahmadzadeh. "Dialectic of Male Desire in James Joyce’s Exiles." Advances in Language and Literary Studies 8, no. 3 (June 30, 2017): 62. http://dx.doi.org/10.7575/aiac.alls.v.8n.3p.62.
Full textAbstract:
The current study aims to investigate James Joyce’s Exiles in light of Jacques Lacan’s theory of desire. Richard Rowan and Robert Hand as the major male characters of the play are involved with intersubjective relationships, the motor force behind which is language and its constitutive lack. Facing lack in the Symbolic order on account of language, they take recourse to desire to find object petit a. Being in a mutual relationship, object petit a fuels desire which makes the subjects establish their identity in accordance with the Other’s desire. What they seek and need is the Other’s desire to give meaning to their otherwise fruitless quest in life. Richard and Robert seek diverse object petit a’s, representative of their goals and ideals in life, to re-fill their lack. Being caught up in the same metonymical deferral of desire, they seek other surrogates throughout the play. This metonymical tendency to seek the Other’s desire paves the ground for the reproduction of desire through fantasy.
38
NOËL, ALAIN. "The Politics of Minimum Income Protection in OECD Countries." Journal of Social Policy 48, no. 2 (June 6, 2018): 227–47. http://dx.doi.org/10.1017/s0047279418000351.
Full textAbstract:
AbstractMinimum income protection (MIP) determines the disposable income a person obtains when she has no market or social insurance income, few assets and no family support. This last-recourse income, usually social assistance benefits plus associated transfers, constitutes a significant indicator of a country's commitment to social justice. Yet, we know little about the politics of MIP, in part because welfare state scholars have focused on more encompassing social insurance programmes, and in part because of a lack of good comparative data. This article takes the measure of MIP adequacy in 18 OECD countries for the 1990–2010 period, for single, able-to-work individuals, tracks its comparative evolution, and proposes an explanation of its determinants, with a times-series cross-sectional model. The main positive determinant of adequacy is a generous welfare state; the main negative force is the importance of the public debt. Overall, the politics of MIP appears consistent with that of the welfare state.
39
Davis, Simon J. M., and John V. Beckett. "Animal Husbandry and Agricultural Improvement: The Archaeological Evidence from Animal Bones and Teeth." Rural History 10, no. 1 (April 1999): 1–17. http://dx.doi.org/10.1017/s0956793300001667.
Full textAbstract:
Agricultural historians have long been aware that a major increase in productivity and output characterised the so-called ‘agricultural revolution’. Usually, however, this has been measured by indirect means: the fact, for example, that English farmers were able to feed some 3 million more people in 1700 than in 1540, and almost 20 million more in 1880 than in 1750. Since mouths were fed without recourse to massive imports -which would have had significant economic implications for the industrial revolution -and since these increases in output were achieved while the agricultural labour force was in steep relative decline, the obvious implication is that productivity was increasing. Measuring such changes has proved complex, partly because data were not collected in a systematic fashion prior to the 1870s, and partly because such evidence as we have relating to prices and rents hardly represents an adequate proxy for productivity. In general terms, the best material has been for the grain acreage, particularly for wheat and barley.
40
Esmeir, Samera. "In the Land of the International." International Journal of Middle East Studies 48, no. 2 (April 7, 2016): 362–66. http://dx.doi.org/10.1017/s002074381600009x.
Full textAbstract:
The preamble to the 1948 Universal Declaration of Human Rights establishes a peculiar hierarchy between rebellion and human rights. The preamble affirms that “whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.” According to the declaration, rebellion against oppression and tyranny is an act that individuals can only be compelled to pursue, and only once other choices are exhausted. Rebellion descends upon the oppressed “man” from without and he cannot refuse it. It is a force that takes over desperate men. Human rights, in turn, police against rebellion by prevailing in the law. They are the preferred weapon against two extremes: oppression and rebellion. And if rebellion is the space of compelled political action, human rights is the space of uncompelled, free, and authentic action against oppression and tyranny.
41
Maier, Charles S. "Targeting the city: Debates and silences about the aerial bombing of World War II." International Review of the Red Cross 87, no. 859 (September 2005): 429–44. http://dx.doi.org/10.1017/s1816383100184322.
Full textAbstract:
AbstractThe article goes back to the early discussions of the morality of city bombing which took place before and during World War II and attempts to analyze both the moral argumentation and its historical context from the 1940s until today. The development of the doctrine of “collateral damage” which recognized that attacking enemy factories was permissible even if it cost the lives and homes of civilians was soon widened beyond its original notion. After the war, the dropping of the atomic bombs became an issue in its own right, to be considered separately from the earlier recourse to conventional bombing — even when conventional bombing achieved equally destructive results. Twin inhibitions have reigned in the issue of what force against civilians was justified: the reluctance of German commentators to seem apologetic for the Third Reich, and the difficulty in the U.S. of seeming to cast any aspersions on those who fought “the good war.”
42
VAN STEENBERGHE, RAPHAËL. "The Law of Self-Defence and the New Argumentative Landscape on the Expansionists’ Side." Leiden Journal of International Law 29, no. 1 (February 1, 2016): 43–65. http://dx.doi.org/10.1017/s0922156515000643.
Full textAbstract:
AbstractRecent developments in legal scholarship evidence that the orthodoxy on the law on the use of force has dramatically switched from a restrictivist to an expansionist perspective. This article seeks to analyse this recent shift, especially with respect to the law of self-defence, from an expansionist point of view. Its purpose is to examine the argumentative landscape which currently exists on the expansionists’ side about that law. It observes that such argumentative landscape has significantly changed, as expansionists tend to pay less attention to the traditional arguments based on state practice and increasingly rely on policy considerations in order to strengthen and to go deeper in their wide conception of the law of self-defence. It calls into question such increasing recourse to policy oriented arguments and argues that those arguments cannot justify alone any evolution of the law of self-defence, while emphasizing that state practice remains central in that respect and explaining the different ways through which this practice may play such a role.
43
Lampert, Guenther. "Between Composition and Emergentness: A Cognitive Semantics Re-Reading of the Way-Construction." Cognitive Semantics 2, no. 2 (September 18, 2016): 164–89. http://dx.doi.org/10.1163/23526416-00202002.
Full textAbstract:
This study re-analyzes the English way-construction by having recourse to diverse concepts and tools of Talmy’s cognitive semantics. Drawing on his theory of recombinance and its relevance for conceptualizing the construction, the article implements Talmy’s theory of event integration, categorizes the way-construction as an instantiation of the open path event frame, considers link-ups of the schematic systems of force dynamics and attention as they become instantiated in the construction, and probes into its motion-aspect patterning, grounded in a conformation of space and time and resulting in a strategy that is called de-conflation. Further, it will recruit Talmy’s types of semantic conflict resolution (shifts, blends, juxtaposition) to explain seemingly incompatible features of the construction. On a meta-theoretical plane, the article is to present evidence for the view that a cognitive semantics account may complement the many descriptive accounts of the way-construction by providing some missing cognitive foundations and motivation.
44
Dorn, A. Walter. "Crucial Technologies for the Protection of Civilians by UN Peace Operations." Global Governance: A Review of Multilateralism and International Organizations 29, no. 2 (June 8, 2023): 245–58. http://dx.doi.org/10.1163/19426720-02902004.
Full textAbstract:
Abstract To protect people under attack, what kinds of tools do peacekeepers need? The United Nations is gradually gaining valuable experience with sophisticated technologies for protection of civilians (POC). However, most remain underused and underevaluated, especially attack helicopters, night vision devices, and nonlethal weapons. This article presents case studies of these three crucial tools to examine their utility and to identify their shortcomings. Attack helicopters are demonstrated as a powerful through ironic symbol and an important means of robust peacekeeping in Central African Republic. Night vision devices proved essential for POC in protecting Haitians from gangs in 2007. Nonlethal weapons, like those developed on the spur of the moment in the Democratic Republic of Congo, helped the UN deal with civilian threats without recourse to lethal force. All these proven technologies have helped peace operations save lives and thus need detailed study to gain lessons. Some novel but untested technologies are also introduced, including laser signaling and digital simulation.
45
VALENZUELA-VERMEHREN, LUIS. "The Politics of Legitimacy and Force in International Relations: Vitoria and Rawls on the 'Law of Peoples' and the Recourse to War." Revista de ciencia política (Santiago) 32, no. 2 (2012): 449–78. http://dx.doi.org/10.4067/s0718-090x2012000200006.
Full text
46
Garon, Richard. "Droit international : Recourse to Force. State Action Against Threats and Armed Attacks. Franck, Thomas M. Cambridge, Cambridge University Press, 2002, 205 p." Études internationales 35, no. 4 (2004): 752. http://dx.doi.org/10.7202/010494ar.
Full text
47
Schmid, Johann. "Hybrid warfare on the Ukrainian battlefield: developing theory based on empirical evidence." Journal on Baltic Security 5, no. 1 (June 1, 2019): 5–15. http://dx.doi.org/10.2478/jobs-2019-0001.
Full textAbstract:
AbstractWith the takeover of Crimea by masked Russian soldiers/fighters without national insignia in February/March 2014, with the Kremlin at first denying its involvement, war became ‘hybrid’ in our minds. The follow-on conflict in Eastern Ukraine, with separatism supported by neighbouring countries and the armed establishment and military securing of pseudo-state people’s republics, including recourse to pro-Russian fighters ‘on holiday’, has reinforced the impression of a hybrid form of warfare, raising the question: what is hybrid warfare? This article argues that the specific nature of hybrid warfare is essentially a strategic matter characterised by three key tendencies and their orchestration within a hybrid ‘grand strategy’: 1. Focusing the decision of the war/conflict, as such, primarily on a broad spectrum of non-military centres of gravity in a flexible and dynamic manner. 2. Operating in the shadow of various interfaces against specific vulnerabilities of the opponent, thus challenging traditional lines of order and responsibilities, creating ambiguity and paralysing the decision-making process of the opponent. 3. Creative combination and parallel use of different civilian and military means and methods, categories and forms of warfare and fighting, thus creating ‘new’ mixed, hybrid forms.1 At the same time, there is a growing sense that hybrid forms of warfare will shape the face of war in the 21st century.2 They seem to offer unpretentious political success by smart recourse to limited, deniable and supposedly manageable use of force. The assumption that the risk of military escalation and political damage could be kept within limits may at the same time increase the likelihood of the offensive use of hybrid forms of warfare. For this reason, it is high time to improve our common and comprehensive understanding of hybrid forms of warfare as a precondition for common and comprehensive action in defence and response.
48
Alter, Karen J. "The Empire of International Law?" American Journal of International Law 113, no. 1 (January 2019): 183–99. http://dx.doi.org/10.1017/ajil.2018.81.
Full textAbstract:
This review essay examines three intellectual histories focused on fundamental transformations of international law in the early twentieth century. Juan Pablo Scarfi's Hidden History of International Law in the Americas is most interested in debates about a Pan-American international law, meaning the idea that international law might work differently in different regions, which was debated but eventually gave way to the change that Arnulf Becker Lorca, a Lecturer in Public International Law at Georgetown Law, discusses. Becker Lorca's Mestizo International Law is most interested in how the conception that international law applied only to civilized nations transformed into the modern conception that presumes sovereign equality. The Internationalists, by Oona Hathaway and Scott Shapiro, respectively the Gerard C. and Bernice Latrobe Smith Professor of International Law and the Charles F. Southmayd Professor of Law and Professor of Philosophy at Yale Law School, and seeks to understand how the normal (and legal) recourse to force in international relations was replaced by an international law that bans the use of force, except in self-defense. Ideas regarding these issues started to evolve in the late 1800s, but the transformative debates occurred at roughly the same time because the Hague Peace Conferences and the League of Nations allowed contestations over old versus updated understandings of international law to flourish.
49
Byers, Michael. "Recourse to Force: State Action Against Threats and Armed Attacks. By Thomas M. Franck. Cambridge: Cambridge University Press, 2002. Pp. xii, 205. $55.00." American Journal of International Law 97, no. 3 (July 2003): 721–25. http://dx.doi.org/10.2307/3109872.
Full text
50
Salunke, Prof K. A., S. S. Pulate, S. V. Shinde, A. V. Waghchaure, and Y. S. Shankhpal. "Case Study on National Highway Construction Using Bot." International Journal for Research in Applied Science and Engineering Technology 10, no. 5 (May 31, 2022): 3421–25. http://dx.doi.org/10.22214/ijraset.2022.43161.
Full textAbstract:
Abstract: The public-private partnership (PPP) models that have been used in procuring the National Highways projects include Build- Operate-Transfer (BOT) (Toll) and BOT (Annuity) models.... This paper focuses on the various approaches that have been used for financing of PPP road projects in India. To assess the risks involved in BOT PROJECT by studying a specific case of Implementation of integrated road development program me (IRDP) in the city on built, operate & transport (BOT) basis. To Study the individualistic approach of the involved parties. BOT has been one of the recent innovations in project finance. The Build-Operate Transfer (BOT) scheme is a limited recourse financing technique. Many have adopted this approach as an alternative to traditional public financing for infrastructure development projects. This study examines the type of SOCIAL risk due to, force shutdown of toll booths due to public riots. This paper mainly representing the risk in BOT due to political & public pressure. A case study of IRDP project implemented in municipal corporation area through BOT is studied in details. Keywords: BOT, Public private partnership, lumpsum, concessionaire's