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1
Zolo, D. "Hans Kelsen: International Peace through International Law." European Journal of International Law 9, no. 2 (January 1, 1998): 306–24. http://dx.doi.org/10.1093/ejil/9.2.306.
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2
Bohloulzadeh, Ghassem. "The Nature of Peace Agreement in International Law." Journal of Politics and Law 10, no. 2 (February 28, 2017): 208. http://dx.doi.org/10.5539/jpl.v10n2p208.
Повний текст джерелаАнотація:
Peace agreements offer rule-based approaches, which distinguish from some variable peace processes and are manifested as establishing a legal peace. This legal peace is provided in the following forms:1) Peace agreements evaluate internal and external interactions for the legitimacy of government through distorting government and supporting human rights; a different composition of public and private (non-government) signatories;2) Peace agreements are common treaties riding over national (interior) and international legal issues;3) Different forms of legal commitments; peace agreements embraces both valid organizational regulations and contracts or pseudo- commitment contracts;4) Various third party agencies; peace agreements rely upon common law coalition government and contain multiple oppositions, common law and political mechanisms and their implementation.These various ways simultaneously reflect settlement ways of peace agreements. If legal issues are ignored and peace agreements are properly considered, they may be argued as a temporary international constitution. Peace agreements provide a powerful plan for governing; however, they are often minor and temporary requiring developed.
3
Donaldson, Megan. "Peace, war, law: teaching international law in contexts." International Journal of Law in Context 18, no. 4 (November 22, 2022): 393–402. http://dx.doi.org/10.1017/s1744552322000350.
Повний текст джерелаАнотація:
AbstractThis essay takes up the question of what it is to teach international law ‘in context’, drawing on experiences of teaching undergraduate survey courses in the US and UK, and designing a new LLM module on Histories of International Law. The essay begins with an exploration of teaching as a particular context of its own – one with constraints which might also function as foils for creativity. It then sketches some aspects of what teaching international law ‘in context(s)’ might involve, including the ways in which contexts of different kinds put in question one's theory of law, and vice versa. It turns, finally, to an examination of the promise and limits of interdisciplinarity – particularly recourse to history as a discipline – in illuminating contexts.
4
Ashra’ah, Ali. "The Compatibility of the International Humanitarian Law on International Peace Forces." Political Sciences and Law Series 2, no. 3 (November 7, 2023): 235–62. http://dx.doi.org/10.59759/law.v2i3.293.
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The United Nations has resorted to developing a mechanism to stop armed conflicts and reach a peaceful settlement to them. They are the International Peace Forces in order to try to settle armed conflicts. The aim was to allow the conflicting parties to reach a peaceful solution, and the International Peace Forces (IPF) evolved in terms of their composition or in terms of the tasks they perform. In addition to the first task they undertook, namely the separation of the conflicting forces and the maintenance of the truce, they carry out the tasks of disarmament, demobilization and reintegration of combatants into their communities, strengthening the rule of law, enabling the local authority to strengthen its presence and fulfill its responsibilities besides securing elections with the aim to ensure a democratic transition of power, as well as ensuring respect for human rights and protecting civilians in the conflicting zones, carrying out humanitarian work including securing safe passages with the arrival of aid, securing refugees and expelled people. These forces witnessed a great development in terms of the mandates they carry out from peacekeeping to the tasks of peace enforcement; therefore, they carry out combat operations for peace enforcement, which in turn raised the question about the degree of the compatibility between the rules of international humanitarian laws and International Peace Forces. Such a question incited the researcher to answer it through inducing and analyzing significant texts, and he reached to a number of results, among of which is : International Peace Forces uses the armed forces in some of their tasks as being a part of armed conflict in the tasks of carrying out peace, and in turn, The United Nations must adopt decisions that frankly state that International Peace Forces should be compatible with the rules of humanitarian law.
5
ĆUJIĆ, MIODRAG. "CRIMINAL ASSOCIATION IN INTERNATIONAL CRIMINAL LAW." Kultura polisa, no. 44 (March 8, 2021): 23–35. http://dx.doi.org/10.51738/kpolisa2021.18.1r.1.02.
Повний текст джерелаАнотація:
The criminal association was a criminal offense of the Joint Plan and Conspiracy, or a special form of Crime against Peace, which was highlighted as such in the Nuremberg and Tokyo trials. In the recent practice of international criminal courts, this institute is used in a certain way, but its function is often subordinated to political abuses. By labeling certain political regimes as a “criminal association” by the so-called international political elites are provided with a wide margin of maneuver to justify their “humanitarian interventions” which are the consequence of a common criminal goal. From the middle of the 20th century until today, it is possible to identify violations of international law that occurred as a result of the activities of a criminal association, which continues with increased intensity. If the covert activities of real criminal associations continue, the main outcome will not be the achievement of world peace, but hegemony. In order to prevent this tendency, it is necessary to redefine the place of the Criminal Association in international criminal law, to point out the permanent cases of their actions, their subjects and the ways in which these same subjects avoid responsibility.
6
Reid, Cecilie. "Peace and Law-Peace Activism and International Arbitration, 1895-1907." Peace Change 29, no. 3-4 (July 2004): 527–48. http://dx.doi.org/10.1111/j.0149-0508.2004.00301.x.
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Choi Cheol-young. "Korean Peace Treaty: Lessons from Peace Treaty in International Law." Democratic Legal Studies ll, no. 35 (December 2007): 147–74. http://dx.doi.org/10.15756/dls.2007..35.147.
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Gilder, Alexander. "International Law as a Help or Hinderance to World Peace." Journal of International Humanitarian Legal Studies 11, no. 2 (December 9, 2020): 447–59. http://dx.doi.org/10.1163/18781527-bja10021.
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Abstract World Peace (And How We Can Achieve It) looks towards a future where there is increasingly optimistic engagement with the concept of peace. Bellamy assesses why the world is the way it is before making suggestions for how the world can achieve peace. Bellamy suggests world peace is achievable and in the final chapter constructs his articles for world peace. This review essay engages with several themes in the book looking at how the history of international law is framed by the author before assessing Bellamy’s arguments in relation to the state and international organisations. Lastly, the essay casts a legal eye over the author’s articles for world peace. The articles will be of particular interest to readers in international law as they are embedded in the existing systems and structures of the prevailing international system. However, the articles contain the important inclusion of individuals and the role they play in achieving world peace. World Peace allows international lawyers to think more deeply about peace and the points made in this essay raise some issues that may be further debated as scholars map the paths to peace.
9
Butkevych, O. "The law of war as a source of contemporary branches of international law." Uzhhorod National University Herald. Series: Law 2, no. 74 (February 10, 2023): 143–48. http://dx.doi.org/10.24144/2307-3322.2022.74.57.
Повний текст джерелаАнотація:
Branches of international law arise mainly as a result of the following factors: 1) complications of international legal consciousness (international human rightslaw, international security law, international environmental law, international criminal law, etc.) and 2) technological progress (international air, space, nuclear law, relevant innovations in international maritime law, etc.). Under the influence of the same factors, new institutions are formed within existing branches (responsibility for international crimes, prohibitions of genocide, prohibitions of apartheid, responsibility for environmental pollution, instant custom, etc.). The article examines the mechanism of formation of the international humanitarian law, the law of armed conflicts, international security law, international human rights law, and international criminal law. It is claimed that they are based on a traditional section of pre-classical international law - the law of war. The first attempts to regulate the conduct of armed conflicts formed the basis for the creation of these branches. The first scientific systematization of international law was one proposed by Hugo Grotius. The scholar proposed to divide the system of this law into two interrelated components - the law of war and the law of peace. Grotian systematization formed the basis of further scientific systematics of international law in the 17th-19th centuries. The Hague Peace Conferences changed the traditional view of the division of international law into the law of war and peace. The Hague peace conventions influenced on formation of the international humanitarian law. The 20th century became a period of active formation of new branches of international law within the framework of the process of "codification and progressive development of international law" under the auspices of the United Nations. So the traditional law of war gave birth to several branches of modern international law.
10
Brus, Marcel. "A Non-Aligned Crusade for International Law?" Leiden Journal of International Law 2, no. 2 (November 1989): 240–47. http://dx.doi.org/10.1017/s0922156500001291.
Повний текст джерелаАнотація:
From 26 to 29 June the Ministers of Foreign Affairs of the Movement of Non-Aligned Countries convened at the premisses of the Peace Palace in The Hague to discuss the issue of peace and the rule of law in international affairs. This meeting was the start of a campaign for aDecade of International Law. This was the first occasion that an extraordinary ministerial conference of the Non-Aligned Movement was not held in one of its member countries. The Hague was chosen to underline the historic ties between this city and the (early) development of international law. This year it will be 90 years ago that the First Hague Peace Conference was held on the initiative of Emperor Nicholas II of Russia. This conference (together with the Second Hague Peace Conference of 1907) became a landmark in the history of the codification of international law and especially the development of mechanisms for the peaceful settlement of international disputes between states. The two most important conventions that were adopted at that conference were the Convention with Respect to the Law and Customs of War on Land and the Convention for the Pacific Settlement of International Disputes.
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Muhammad, Dr Hanan Dryol. "INTERNATIONAL HUMANITARIAN LAW BETWEEN WAR AND PEACE." INTERNATIONAL JOURNAL OF RESEARCH IN SOCIAL SCIENCES & HUMANITIES 12, no. 04 (2022): 763–83. http://dx.doi.org/10.37648/ijrssh.v12i04.041.
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This study dealt with the issue of the difficulties of applying international humanitarian law, because of its importance in light of international and non-international armed conflicts, in terms of alleviating the pain and suffering of the victims of international and non-international armed conflicts. Material and personal law in accordance with the provisions of the four Geneva Conventions of 1949 and the two Additional Protocols of 1977, and the difficulties facing the mechanisms of material application on both the national and international sides, and since the judicial mechanisms are important in holding the violators of international humanitarian law accountable, the study meant to talk about the national judicial mechanisms and the difficulties they face, and the judicial mechanisms The international humanitarian law and the difficulties it faces, which negatively affect the exercise of its tasks entrusted to it, and the study concluded several results, the most important of which are: The rules of international humanitarian law are mandatory for all countries, and the study concluded with several recommendations, the most important of which are: All countries must work to integrate the texts and provisions of international humanitarian law into their internal laws To ensure its proper application without difficulties.
12
Bailliet, Cecilia M. "Peace is the Fundamental Value that International Law Exists to Serve." Proceedings of the ASIL Annual Meeting 111 (2017): 308–12. http://dx.doi.org/10.1017/amp.2017.66.
Повний текст джерелаАнотація:
Hersch Lauterpacht set forth that international law should be functionally oriented toward both the establishment of peace between nations and the protection of fundamental human rights. This perspective was followed by Hans Kelsen, who authored Peace Through Law, reminding us that the pursuit of peace requires patience and commitment to international norms and legal institutions, such as international criminal tribunals, stating, “He who wishes to approach the aim of world peace in a realistic way must take this problem quite soberly, as one of a slow and steady perfection of the international order.” Later on the work of Grenville Clark and Lois B. Sohn spanned three decades, pursuing “World Peace Through World Law” through which they envisioned the creation of a World Conciliation Board, a World Equity Tribunal, compulsory jurisdiction for the ICJ, transfer of primary responsibility for the maintenance of peace from the Security Council to the General Assembly, and world disarmament enforced by regional courts. Several of these topics are under renewed discussion at present, including reform of the Security Council, the value of conciliation in international law, and the new Treaty on the Prohibition of Nuclear Weapons. Some suggest that the fragmentation of international law into specialized subfields, such as trade law, human rights, etc. resulted in a dissipation of attention to broader, common aims such as peace, instead promoting specialized technical expertise within each realm. To the extent that contemporary international law engaged with peace, it focused on the subject of peace treaties and the role of relevant institutions, such as the United Nations and regional entities.
13
Klein, Eckart. "How can public international law contribute to the maintenance of international peace and security?" Zbornik radova Pravnog fakulteta, Novi Sad 57, no. 2 (2023): 631–40. http://dx.doi.org/10.5937/zrpfns57-40380.
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The article offers a comprehensive exploration of the complexities and nuances surrounding international peace and the legal mechanisms designed to achieve it. It delves into the historical evolution of public international law concerning war, peace, and international security. The article underscores the evolution of warfare as a means to achieve political objectives through sovereign rulers and states, leading to attempts at restraining warfare by humanitarian principles. It discusses the roles of the League of Nations, the Briand-Kellogg Pact, and the United Nations Charter in their attempts to curb the war. Despite peace being crucial for human rights and international behavior, wars persist. Consequently, the article scrutinizes the primary challenges associated with upholding global peace. Ultimately, it concludes that while public international law is pivotal in the pursuit of peace and justice, realizing these ideals necessitates the united determination of the collective will of all peoples to work towards that direction.
14
Amann, Diane Marie. "International Law and the Fututre of Peace." Proceedings of the ASIL Annual Meeting 107 (2013): 111–18. http://dx.doi.org/10.5305/procannmeetasil.107.0111.
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15
Kleinlein, Thomas. "The Versailles Peace Treaty Before the Permanent Court of International Justice: Tracing the Legalism of the Paris Settlement." Volume 62 · 2019 62, no. 1 (January 1, 2021): 129–62. http://dx.doi.org/10.3790/gyil.62.1.129.
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Abstract: The concept of international law underlying the Versailles Peace Treaty is marked by a complex and ambivalent combination of references to just peace and the use of the legal form. This article analyses the concept of law and the use of legal techniques and institutions in the Paris settlement, and connects it to various contemporaneous strands of ‘legalism' and to the transformation from (classical) nineteenth-century to (modern) twentieth-century international law. In a second step, the article turns to how the ambivalent legalism in the Versailles Peace Treaty impacted on the respective case law of the Permanent Court and how this case law connects to ‘modern' approaches to international law. While, in substance, the cases involving the Versailles Peace Treaty raised issues of both post-war settlement and international organisation, in doctrinal terms, the Court tentatively developed a concept of international law that squares with modern approaches. This can be demonstrated by examination of the case law, which contributed to the law of international organisations, redefined sovereignty, and developed the humanitarian dimension of international law.
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Nechevin, Dmitry K. "The Anatomy of Fascism and the Danger of Its Revenge: A Historical and Legal Analysis." Administrative law and procedure 1 (January 19, 2023): 60–72. http://dx.doi.org/10.18572/2071-1166-2023-1-60-72.
Повний текст джерелаАнотація:
Assurance of peace and security of the mankind is the most important task of modern international law. It is no coincidence that international law is called the law of peace. The United Nations Charter has declared global peace, security, human rights and development as unconditional priority values that constitute procedural and substantive grounds for the international law and order. The main task of the world community is to prevent the revival of fascism.
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Niyitunga, Eric Blanco. "Armed drones and international humanitarian law." Digital Policy Studies 1, no. 2 (January 16, 2023): 18–39. http://dx.doi.org/10.36615/dps.v1i2.2278.
Повний текст джерелаАнотація:
The militarisation of Artificial Intelligence Diplomacy has resulted in the development of heavy weapons that are more powerful than traditional weaponry, fail to distinguish between civilians and combatants, and cause unnecessary suffering. Superpowers and middle powers have made significant investments in digital technologies, resulting in the production of digital weapons that violate international humanitarian law and human rights standards, and complicate the achievement of global peace. Armed drones and militarised robots cause unnecessary pain and suffering to helpless civilians. These weapons have been used to combat terrorism, but, surprisingly, have not addressed issues of terrorism that affect post-Cold War international relations. As a result, the use of armed drones is causing more harm than is necessary to achieve the objective of war. There is a call for international artificial intelligence (AI) governance, as well as a need to understand the effects and serious threats that armed drones pose to international humanitarian law (IHL), as well as to peace processes in international relations and global cooperation. Scholars, policy-makers, human rights activists and peace practitioners should participate more actively in debates about the military application of AI diplomacy, in order to develop effective AI diplomacy rules and regulations. This serves to mitigate the risks and threats associated with armed drones on IHL and international human rights standards, which are the foundations of the post-modern world.
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Otto, Dianne. "Rethinking ‘Peace’ in International Law and Politics From a Queer Feminist Perspective." Feminist Review 126, no. 1 (October 22, 2020): 19–38. http://dx.doi.org/10.1177/0141778920948081.
Повний текст джерелаАнотація:
What does peace mean in today’s world of endless wars? Why has the project of ‘universal peace’, so ardently hoped for by the drafters of the UN Charter in 1945, failed so profoundly? I reflect on these questions through three stories of peace. The first is told by a series of four stained-glass windows in the Peace Palace in The Hague; the second is of the world’s demilitarised zones; and the third of a peace community in Colombia. These stories provide a springboard to reflect on how we might rethink peace in the context of today’s world, drawing on feminist, queer and postcolonial analyses. My discussion exposes the limits of the UN Charter’s approach to peace, and the impossibility of its methods ever achieving ‘universal peace’. The Charter’s reliance on militarism and collective enforcement, as well as its commitment to peace as an evolutionary process, maintain rather than dismantle global hierarchies of domination. I also question the dualism of war and peace, which obscures much of the violence of what we call peace. The task of rethinking peace is urgent. To do so we need to go beyond the worlds we know, beyond the confines of law and the inevitability of quotidian hierarchies of gender, sexuality and race, to invent new methods of peace-making, outside the ‘frames of war’.
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Otto, Dianne. "Queerly Troubling International Law's Vision of “Peace”." AJIL Unbound 116 (2022): 22–26. http://dx.doi.org/10.1017/aju.2021.71.
Повний текст джерелаАнотація:
Queering international law involves dreaming. It requires stepping outside the framing presumptions of “normal” law to reveal and challenge the heteronormative underpinnings of the hierarchies of power and value that the law sustains. Reclaiming the nomenclature of queer from its history as a term of insult and dehumanization, queer theory interrogates the normative framework that naturalizes and privileges heterosexuality and its binary regime of gender. In its reclamation, “queer” gestures toward affirmative assemblages of new meanings and emancipatory imaginaries. In international law, queer theory has been used in many different ways. For some, queerly troubling the normative involves expanding the existing normal to be more inclusive of queer lives, as can often be seen in the field of international human rights law. As life-giving as inclusion is to those barely existing on the margins, without changing the terms of inclusion this approach risks leaving heteronormativity intact and may even buttress it, as with the legal recognition of same-sex marriage. For others, queering international law involves a more fundamental critique of its regimes of the normal that, together, regulate our relations with each other and the planet. The objects of queer theory's structural critique are the conceptual foundations of international law, which rely on heteronormativity as a fundamental organizing principle that helps to normalize inequality, poverty, exploitation, and violence. One example is the “civilizing mission” which justified colonialism and continues to animate present legal norms. As Teemu Ruskola argues in his seminal queer critique, international legal rhetoric attributed normative masculinity to (Western) sovereign states and cast the “deficient” sovereignty of non-Western states in terms of variously deviant masculinities which, together with their civilizational and racial attributes, justified their “penetration.” My “troubling” of international law's account of peace takes a queer structural approach and then outlines some alternative imaginaries suggested by queer theory and activism.
20
Singh, Gurwinder. "Identifying the Legitimacy of the Taliban Government and the Resurrection of Peace in Afghanistan." Groningen Journal of International Law 10, no. 2 (February 8, 2024): 103–18. http://dx.doi.org/10.21827/grojil.10.2.103-118.
Повний текст джерелаАнотація:
A government’s legality and its recognition need to be tested through the lenses of international law where the government changes through unconstitutional measures. The Taliban’s coming to power in Afghanistan is through unconstitutional and undemocratic means. Its control over Afghanistan raises questions about the fundamental nature of international law, politics, the State’s internal governance, and issues crucial for international peace. These matters although of primary concern, however, compromised to a secondary position as their accomplishment is contingent on peace being restored and guaranteed by the class of people in the ruling hierarchy. Since the Taliban government is not recognised by many States, it puts to test, the international law criteria for recognizing the government of the State. The reluctance shown by the comity of nations in recognizing the government, further raises the related issue of international law, that how the comity of nations can create an inroad for human rights and peace in Afghanistan. The objective to establish peace in Afghanistan, by identifying the legitimacy of the Taliban regime, touches the core aspect of de jure government as recognized by international law and is also a key concern for setting the trust of Afghan people in international law and international institutions. This article sets the premise to know the position of international law, for recognising a government in a State where the change of government is not established by legal measures and therefore not recognised by other nations. Besides, the author attempts to explore the possibilities of setting the foundation and establishing human rights and related objectives for sustainable peace in Afghanistan. The author sets the dialectical discourse, for setting a roadmap to achieve peace in Afghanistan by applying international law provisions through international institutions.
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Stuyt, A. M. "1986: Un International Year of Peace." Netherlands International Law Review 33, no. 03 (December 1986): 412. http://dx.doi.org/10.1017/s0165070x00011712.
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Ishizuka, Katsumi. "Japan’s Contribution to International Peace: Restrictions and Advantages." Athens Journal of Law 9, no. 3 (June 30, 2023): 355–72. http://dx.doi.org/10.30958/ajl.9-3-2.
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Japan is said to be a peace-loving country. In fact, the State’s history indicates that Japan and its politicians have surely sought positive ways to dispatch Japan’s SDF personnel to UN or international operations for the pursuit of UN-centred policy, despite the State’s constitutional constraints. For example, Japan created or amended several laws including the PKO Law in 1992 as well as the JDR Law in 1987 and the Anti-Terrorism Law in 2001. Therefore, one can identify the evolving process of Japan’s contribution to international peace. However, at the time of writing, Japan’s contribution to UN peacekeeping is token. This article points out several restrictions and advantages for Japan to dispatch forces to overseas operations. The restrictions include legal, diplomatic, and situational ones. The advantages include ones due to the State’s record in the UN, due to the state’s diverse and comprehensive approaches to international peace, and those due to the current situation of international peace and security. Japan should take advantage of its middle-power status for its contribution to international peace. Keywords: Japan; International peace; The UN; Middle power
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Engdahl, Ola. "Compliance with International Humanitarian Law in Multinational Peace Operations." Nordic Journal of International Law 78, no. 4 (2009): 513–26. http://dx.doi.org/10.1163/090273509x12506922107073.
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AbstractThe duty to respect international humanitarian law (IHL) in military operations requires effective tools of compliance. Peace operation forces are seldom involved in armed conflict and IHL applies formally only in a minorityof operations. The increasingly volatile environments in which peace operation personnel are required to work, and the trend of enforcement capabilities of such forces, will arguably make the question of compliance with IHL all the more important. Multinational peace operations often include a range of actors–such as the UN, another organisation leading the operation, troop contributing nations (TCNs) and the host state. Differences in training and education as well implementation of IHL in different TCNs makes compliance with IHL in multinational operations a challenging task. The use of special units with their culture of secrecy involves other complex questions. On a more general level, it is not clearly established how responsibility under international is dividedamong the main actors in a multinational peace operation. A number of practical measures are suggested to overcome challenges to an effective compliance of IHL.
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Fedele, D. "Medieval jurisprudence on international law." Tijdschrift voor rechtsgeschiedenis 85, no. 3-4 (December 14, 2017): 603–11. http://dx.doi.org/10.1163/15718190-08534p08.
Повний текст джерелаАнотація:
The French translation of Baldus de Ubaldis’ commentary on the Peace of Constance (1183) by Dominique Gaurier provides an opportunity to point out some difficulties with regard to the original’s textual transmission. A lacuna occurring in the Milanese edition of c. 1502 was reproduced in the collections of treatises printed in Lyons in 1535 and 1544, and spread in the glossed editions of the Corpus iuris which appeared after the mid-sixteenth century.
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Bongiovanni, Giorgio, Giovanni Sartor, and Chiara Valentini. "Philosophy of Law and International Criminal Law: Between Peace and Morality." International Criminal Law Review 14, no. 4-5 (July 31, 2014): 738–67. http://dx.doi.org/10.1163/15718123-01405002.
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The legal philosophy of the 20th century has contributed to the development of international criminal law by rethinking fundamental legal concepts and theories concerning the nature of international law, its relation with national laws, the connection between the law and the State, and the very idea of responsibility. This was achieved, in the first place, through the reflection of Hans Kelsen, who put forward the idea of a system of enforceable criminal norms at the international level, directed at individuals and having a positive legal foundation. In the years immediately following the Second World War, a number of legal theorists and, in particular, Gustav Radbruch, argued in favour of a necessary connection between law and morality, on whose basis it could be claimed that the worst atrocities were punishable even when allowed by state norms, and even in the absence of positive international norms. In the last decade, the practice of international criminal law, through ad hoc tribunals and the International Criminal Court, has stimulated theoretical reflections on a variety of further fundamental issues, like impartiality, judicial truth, justification of punishment, side-effects of prosecution and transitional justice.
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Muhammad Rafi, Muhammad Rafi, Dikjaya Dikjaya, Darius Nayoltama, and Lexi Valleno Havlenda. "The Role of International Law in Combating Terrorism." QISTINA: Jurnal Multidisiplin Indonesia 3, no. 1 (June 1, 2024): 837–42. http://dx.doi.org/10.57235/qistina.v3i1.2439.
Повний текст джерелаАнотація:
The role of international law in the fight against terrorism is crucial inining global peace and security. International law plays an important role in regulating national borders, diplomatic relations, treaty making, and enforcement, with the aim of achieving peace and prosperity among nations. In addition, international law facilitates cooperation between states in various areas such as economic, social, cultural, legal, defence, and security. By addressing common interests and promoting order and justice, international law contributes to enhancing cooperation and peaceful coexistence among nations throughout the world. International law enforcement by legal bodies and legal practitioners on an international scale is essential to resolving disputes and ensuring awareness of the norms of international law, thereby enhancing global security and stability
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BAAZ, MIKAEL. "Back to the Future: Promoting Peace through International Law." Leiden Journal of International Law 30, no. 3 (May 31, 2017): 775–92. http://dx.doi.org/10.1017/s0922156517000279.
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The world as a whole has not been at peace since 1914, and it is definitely not at peace today. David J. Dunn argues that this state of affairs may be due, in no small part, to aspects of the conventional wisdom that informs practical foreign policy and diplomacy. For example, the ancient notion si vis pacem, para bellum [if you desire peace, prepare for war] (Vegetius) or the nineteenth century idea that argues ‘[w]e have no eternal allies, and we have no perpetual enemies. Our interests are eternal and perpetual, and those interests it is our duty to follow’ (Lord Palmerston). These ‘insights’ neatly summarize the intellectual core of political realism; in particular, the ‘balance-of-power’ doctrine.
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Abdulhadi, Haider Adham, Salwan Jaber Hashim, and Jaafar Naser Abdulridha. "Protection the Culture of Peace in International Law." International Journal of Criminology and Sociology 9 (November 11, 2020): 814–19. http://dx.doi.org/10.6000/1929-4409.2020.09.77.
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Guariglia, Osvaldo. "Kant's Perpetual Peace and Current International Law Philosophy." Ηθική. Περιοδικό φιλοσοφίας, no. 3 (March 25, 2020): 5. http://dx.doi.org/10.12681/ethiki.22652.
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Kattan, V. "Kirsten Sellars, 'Crimes against Peace' and International Law." Journal of International Criminal Justice 11, no. 5 (November 7, 2013): 1161–63. http://dx.doi.org/10.1093/jicj/mqt064.
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Esquirol, Jorge L. "Negotiating Colombia's Peace Process: Disagreements of International Law." Leiden Journal of International Law 13, no. 3 (September 2000): 495–569. http://dx.doi.org/10.1017/s0922156500000352.
Повний текст джерелаАнотація:
The “internationalization” of the guerrilla war in Colombia signals a different course for resolving the 40-year-old conflict. Upon close scrutiny, it may actually prolong the war. This is the case since both groups, Colombian publicists and US policy-makers, who stand in the position of stewards to an international approach, oppose substantial political negotiation. The bulk of this Article examines the positions of international law taken by Colombian publicists. The author focuses on two issues which have been the subject of much recent debate. The first is the status of Colombia's guerrilla forces. The second issue concerns the rules of conduct of non-international war. The last portion of this Article examines the meaning of US-led internationalization of the Colombian conflict. Colombia is the last site of major civil strife in our hemisphere.President Bill Clinton, 28 October 1998.Colombia's people […] should know that we understand the many dimensions and long-term nature of the problems they face, and that we will do all we can to help them.Secretary of State Madeleine Albright, 10 August 1999.
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Sachariew, Kamen. "States' entitlement to take action to enforce international humanitarian law." International Review of the Red Cross 29, no. 270 (June 1989): 177–95. http://dx.doi.org/10.1017/s0020860400073058.
Повний текст джерелаАнотація:
The ultimate purpose of dissemination of and compliance with international humanitarian law (IHL) is to mitigate the effects of armed conflict and provide the best possible protection for its victims. At the same time, IHL fosters wider acceptance of the ideals of humanity and peace between peoples. The relationship between IHL, the struggle for peace and the prohibition of the use of force is becoming ever clearer as the realization grows that lasting peace, development and peaceful international co-operation can be achieved only on the basis of compliance with international law and respect for human life and dignity.
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Ferraro, Tristan. "The applicability and application of international humanitarian law to multinational forces." International Review of the Red Cross 95, no. 891-892 (December 2013): 561–612. http://dx.doi.org/10.1017/s181638311400023x.
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AbstractThe multifaceted nature of peace operations today and the increasingly violent environments in which their personnel operate increase the likelihood of their being called upon to use force. It thus becomes all the more important to understand when and how international humanitarian law (IHL) applies to their action. This article attempts to clarify the conditions for IHL applicability to multinational forces, the extent to which this body of law applies to peace operations, the determination of the parties to a conflict involving a multinational peace operation and the classification of such conflict. Finally, it tackles the important question of the personal, temporal and geographical scope of IHL in peace operations.
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Aznagulova, G. M. "Constitutionalization of International Law in Light of Modern International Relations." Russian Journal of Legal Studies 5, no. 1 (March 15, 2018): 141–47. http://dx.doi.org/10.17816/rjls18361.
Повний текст джерелаАнотація:
Within present-day globalization processes, we witness internationalization of the state law order while constitutionalization of the international relations and international law gains more importance. The paper discusses the process of international law constitutionalization as an embodiment of general human values in the state law in accordance with the views of Academician T.Ya. Khabrieva. The author demonstrates that the international law constitutionalization must have the sources of state law as its basis and must take into account the world political and legal experience as well as the doctrinal items of the national legal studies. Kant’s «eternal peace» idealistic as it might seem, however devoid of illusions, may and must serve the basis for «the dialogue among civilizations» and the leading principle of the global world existence, stabilization of the foundations of world order declared by the League of Nations and the United Nations Organization. Immanuel Kant’s ideas that are stated in his writings stipulate the idea of peace. These ideas were in fact the basis of the most relevant international political and legal documents including those in human rights. The ideas are topical nowadays and are of interest in present-day theory and practice of international law and international relations. The author emphasizes the practical value of Kant’s categorical imperative for the law.
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al-Zuhili, Sheikh Wahbeh. "Islam and international law." International Review of the Red Cross 87, no. 858 (June 2005): 269–83. http://dx.doi.org/10.1017/s1816383100181330.
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AbstractThis article by an Islamic scholar describes the principles governing international law and international relations from an Islamic viewpoint. After presenting the rules and principles governing international relations in the Islamic system, the author emphasizes the principles of sovereignty and non-interference in the internal affairs of other States and the aspiration of Islam to peace and harmony. He goes on to explain the relationship between Muslims and others in peacetime or in the event of war and the classical jurisprudential division of the world into the abode of Islam (dar al-islam) and that of war (dar al-harb). Lastly he outlines the restrictions imposed upon warfare by Islamic Shari'a law which have attained the status of legal rules.
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Rzhevska, V. S. "THE PERPETUAL PEACE PROJECTS AS A TREND IN THE SCHOLARLY THOUGHT OF INTERNATIONAL LAW." Actual Problems of International Relations, no. 141 (2019): 38–45. http://dx.doi.org/10.17721/apmv.2019.141.1.38-45.
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The article investigates how the so-called perpetual peace projects contributed to the scholarly thought of international law. Such projects have been proposed for centuries and came to constitute a rather remarkable trend in human thought, many of them being created by people, prominent of history and representing various fields of activity. Although such projects may be considered an interdisciplinary invention, their contribution to the development of the concepts and ideas of international law can be esteemed as especially significant. The meaning of some famous examples of such projects is summarized. The conclusion is made that among the traces of the influence that the perpetual peace projects had upon the scholarly thought of international law are the preservation and propaganda of the idea of peace, the acknowledgment of law and its means as a valuable component of peace achievement, the investigation of the causes of peace-breaking and combating them, the formation of the principles of peaceful settlement of international disputes and of non-use of force or threat of force, the establishing of theoretical grounds for creating international organizations and elaborating the concept of collective security.
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Kastner, Philipp, and Elisabeth Roy Trudel. "Unsettling international law and peace-making: An encounter with queer theory." Leiden Journal of International Law 33, no. 4 (September 8, 2020): 911–30. http://dx.doi.org/10.1017/s092215652000045x.
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AbstractThis article examines the usefulness of an encounter with queer theory to contribute to the peaceful resolution of armed conflicts, to question the traditional frontiers of international law, and to lay the groundwork for envisaging different forms of peace and peace-making. In a field where, arguably, little genuine progress has been made to resolve armed conflicts and to address underlying forms of violence, queer theory can reinforce a pluralistic understanding of law and suggest much-needed unsettling and creative approaches. The article focuses on queer theory’s specific critique of the construction and normalization of hierarchies, categories, and identities, which almost always – whether explicitly or implicitly – lie at the heart of armed conflicts and frame peace negotiations, without ever being truly reconsidered. Moreover, queer theory allows appreciating both peace and law beyond predetermined categorizations and as aspirational endeavours that are constantly evolving. Through a dialogue between two figures, which imagines what Peace and qt* might want to tell each other, this article also attempts to queer the standard academic format and to question the dominant forms of expression and knowledge-production in academia.
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Dawa Choden and Dr. Ramesh Kumar. "Relevance of International Law in Preventing International Conflict: A Case Study of Russia-Ukraine." Legal Research Development 8, no. I (November 27, 2023): 18–24. http://dx.doi.org/10.53724/lrd/v8n1.3.
Повний текст джерелаАнотація:
Russian invasion of Ukraine in 2022 raises the question of the relevance of international law which is supposed to preserve international peace. In the context of the current Russia-Ukraine war, the legitimacy and applicability of international law are being questioned, as it has not been able to protect human rights, which are grossly violated in such a war. In this context, it becomes very pertinent to revisit the idea and practice of international law to find out where the fault lies, why it fails to provide the solution to international conflict, and what can be done to make the body of international law serve its purpose in the true sense. In light of these questions, this article attempts to examine the limitations of international law in relation to addressing the Russia-Ukraine conflict and to reflect on how international law can become an instrument of protecting human rights by preventing international conflict and ensuring international peace.
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Paraschiv, Daniel Ştefan, and Elena Paraschiv. "THE APPEARANCE OF THE PENAL INTERNATIONAL LAW AS A BRANCH OF THE PUBLIC INTERNATIONAL LAW." Agora International Journal of Juridical Sciences 8, no. 1 (February 4, 2014): 122–26. http://dx.doi.org/10.15837/aijjs.v8i1.942.
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From the oldest times, there appeared certain norms of penal international law meantto prevent the committing of serious offenses, as well as for sanctioning them. This distinctbranch of the public international law is called upon to protect - by sanctioning personsguilty of committing serious offenses - peace and security of the whole humanity, thedevelopment in conformity with the norms of the law and moral of the international relations,the existence and perenniality of fundamental human values.
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Rodman, Kenneth A. "How Politics Shapes the Contributions of Justice: Lessons from the ICTY and the ICTR." AJIL Unbound 110 (2016): 234–39. http://dx.doi.org/10.1017/s2398772300009089.
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The International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR) established a number of precedents in international criminal law, as detailed by Darryl Robinson and Gillian MacNeil.1 They also set the template for the International Criminal Court (ICC) and other tribunals as to how politics can both empower and constrain international prosecution and determine its potential contribution to peace.The lesson of the ICTY is that international criminal law can assist peace processes in an ongoing way if powerful states and international institutions complement it with coercive political strategies to weaken regimes or militias led by criminal spoilers to the point where their cooperation is not needed tonegotiate and maintain a peace settlement.The lesson of the ICTR is that the impact of international criminal law on consolidating peace is dependent upon the political agenda of the state on whose territory the crimes oc-curred and whose cooperation is needed for effective prosecution.Therefore, the contribution of prosecution to peace depends on whether the law is embedded in national and international political com-mitments that go beyond compliance with formal legal obligations and over which a tribunal has limited influence.
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Chen, Jinghua. "Two Contemporary Developments of Kant’s Cosmopolitan Project." Journal for Peace and Justice Studies 30, no. 1 (2021): 64–83. http://dx.doi.org/10.5840/peacejustice2021301/24.
Повний текст джерелаАнотація:
Habermas and Rawls presented distinctive theories of new world order at the turn of the new century: the Constitutionalization of International Law and the Law of Peoples. Both theories aim to promote peace and justice all over the world. Unfortunately, their theories have been ignored by mainstream IR theorists. Since few scholars make a deep comparative study between Rawls’s Law of Peoples and Habermas’s Constitutionalization of International Law to reveal their crucial difference, this paper aims to fill this gap by clarifying their essential difference and preliminarily exploring how to formulate their proper relationship. I argue that Habermas’s project is a legalistic peace theory. In contrast, Rawls’s Law of Peoples is a modified form of democratic peace theory, putting hope for international peace on the improvement of the domestic political system of sovereign entities. Finally, I present a tentative suggestion to address their relationship, returning to Kant’s systems approach.
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Prunier, Cédric. "Les nouveaux accords de paix en Afrique : entre droit constitutionnel et droit international." Civitas Europa 6, no. 1 (2001): 107–20. http://dx.doi.org/10.3406/civit.2001.948.
Повний текст джерелаАнотація:
I. The numerous constitutional effects of peace treaties in Africa : a peace treaty amends the constitution ; examples and mechanisms by which the constitutional provisions are implemented. The absence of constitutional provisions, recognition of the constitution ; recognition and the start of a debate on the constitution. II. The influence of international law on the provisions in a constitution. The nature of peace treaties : international treaties ? Where the problem arises. The International Court of Justice's ruling of 1 July 2000 in the matter of armed conflict in the Congo (Democratic Republic of the Congo vs. Uganda). Internationalisation of peace agreements by placing the constitutional aspects of these agreements and their implementation under international law.
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Dong, Ziyu. "Analysis of International Criminal Law Cases." Lecture Notes in Education Psychology and Public Media 4, no. 1 (May 17, 2023): 883–87. http://dx.doi.org/10.54254/2753-7048/4/2022606.
Повний текст джерелаАнотація:
The title of my thesis is whether prosecutions do or do not stand in the way of peace. In international criminal law, criminals who are heads of state or symbols of state, like members of royalty, often do not receive the punishment they deserve. Whether or not to prosecute them is also a problematic issue that often leads to international conflicts if not appropriately handled. To address this issue, there are often different solutions for different situations. I will use the following four cases to analyze whether prosecution is appropriate in different situations and what consequences may occur after prosecution. My thesis has five parts; the first part is the case After world war II, Should the emperor of Japan be prosecuted."The second part of my thesis is the case about "the government of Uganda prosecuted the head of the Lords Resistance Army (LRA). " The third part of my thesis is SLC and Mielovi. "Milosevic is the first person who was prosecuted as a head of a country. The fourth part of my thesis is about Pugin and Russia." In the end, the conclusion is about Whether or not prosecutions do or do not stand in the way of peace; it depends on the different situations.
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Rojas-Orozco, César. "The role of international humanitarian law in the search for peace: Lessons from Colombia." International Review of the Red Cross 102, no. 914 (August 2020): 705–20. http://dx.doi.org/10.1017/s1816383121000709.
Повний текст джерелаАнотація:
AbstractInternational humanitarian law (IHL) has traditionally been seen as a legal framework regulating armed hostilities, having little to do with peace. However, recent peacemaking and peacebuilding practice has consistently relied on IHL to frame peace efforts, mainly in non-international armed conflicts. This article explores the relationship between IHL and peace, looking at practice in Colombia, where IHL has been used in a creative way as a means to build trust, facilitate peace negotiations and enforce the resulting peace agreement. Looking at this case, the article offers general insights on how IHL can facilitate the end of conflict and reintegration, frame accountability and reparation, and shield peace deals under a framework in which both State and non-State actors can find a common bargaining zone in their search for peace.
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Tignino, Mara. "Water, international peace, and security." International Review of the Red Cross 92, no. 879 (September 2010): 647–74. http://dx.doi.org/10.1017/s181638311000055x.
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AbstractWater scarcity, accelerated by climate change, affects water availability and may threaten peace and security. This role of water, as a contributing factor for triggering wars, sheds light on the significance of the protection of water during armed conflict. Keeping water out of war not only contributes to preserving an indispensable natural resource for life but also serves as a tool for the hostile parties to start negotiations, building trust and peace.
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Krešić, Mario. "The role of peace in Kelsen and Lauterpacht’s theories of international law." Zbornik radova Pravnog fakulteta u Splitu 56, no. 2 (May 14, 2019): 485–501. http://dx.doi.org/10.31141/zrpfs.2019.56.132.485.
Повний текст джерелаАнотація:
The purpose of this article is to analyze the role of peace in the theory of international law of Hans Kelsen and Hersh Lauterpacht. The 1960 shift in Kelsen' s approach to the role of peace will be elaborated in detail. Along with the theoretical account on the connection between peace and law, both authors have directed their theories to practical matters in the existing international legal system. At the end of the analysis, the similarities and differences between Kelsen and Lauterpacht will be described.
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Satkauskas, Rytis. "A Century in the International Community: International Law and Lithuanian Statehood." Teisė 123 (July 5, 2022): 133–51. http://dx.doi.org/10.15388/teise.2022.123.9.
Повний текст джерелаАнотація:
One hundred years ago Lithuania became a member of the League of Nations. The membership was based on the perceived advantages of the international system and the importance of the rule of law to the region. The vision of global peace based on the prohibition of aggression and law enabled Lithuania to establish statehood. Conditions for the recognition of the new member of international community ranged from the requirement of established borders and a democratic government to guarantees regarding commitment to protect national minorities and control armaments. The research confirms that the implementation of these commitments was understood in Lithuania not only as a condition for membership but as an important direct objective. The Lithuanian political elite had no illusions as to the importance of international law in disputes with neighbouring states. A good-willed implementation of the existing rules was certainly the best defense against the political pressure of military superpowers. This research into the geopolitical situation at the end of WWI and the political discourse in the newly independent Lithuania illustrates the importance of the institutionalized system of nations in ensuring world peace and security.
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Malu, Linus Nnabuike. "The International Criminal Court and the Complex Road to Peace in Côte d’ Ivoire." International Criminal Law Review 16, no. 5 (October 12, 2016): 826–55. http://dx.doi.org/10.1163/15718123-01605004.
Повний текст джерелаАнотація:
After over ten years of violent conflicts and atrocities, Côte d’ Ivoire is gradually returning to peace and economic prosperity, but the road to peace is complex. This article examines the violent conflicts in the country, and how the involvement of the International Criminal Court (icc) impacts on the peace process in the country. It examines whether the icc is complicating or facilitating the peace process by relying on four variables: deterrence, accountability to the law, reconciliation and victims’ rights. This article argues that the impacts of the icc on the peace process is multi-dimensional, and concludes that the icc impacts on the peace process in the country in minimal but subtle ways by influencing deterrence and accountability to the law.
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Saberrad, Mohammad, and Seyed Ghasem Zamani. "The Role of International Cooperation in Demarcation of Territorial Boundaries in International Law and Procedures." Modern Applied Science 10, no. 9 (June 7, 2016): 81. http://dx.doi.org/10.5539/mas.v10n9p81.
Повний текст джерелаАнотація:
Non-judicial developments in the field of boundary issues, with the aim of achieving stability and preserve it, move toward the ideal of international community. The ideal is to maintain international peace, order and security. Developments and advances are in the service of this ideal and countries take steps in this direction with responsibility than before and with believe in integrity of international peace, order and security, and apply technical and human progresses in this way. International organizations and countries, as the main subjects of international law, with understanding adverse consequences of instability, use all the tools necessary to achieve this goal and non-judicial developments occurring in delimitation of international territorial boundaries, are in line with this excellent goal. Today, countries cooperate wider than past in different ways and in all fields including boundary issues. Deep understanding toward the importance of international peace, order and security and legal belief to necessity of such cooperation, undoubtedly have facilitate today direction. Of course, the role of international institutions and organizations was very dramatic in developing such belief.
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Firdaus. F, M. Waritsul, and Radiyatam Mardiah. "International Law: Existence in International Dispute Settlement Efforts as a Symbol of Peace in the International Community." Muhammadiyah Law Review 7, no. 2 (August 7, 2023): 24. http://dx.doi.org/10.24127/mlr.v7i2.2766.
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The settlement of disputes has been a significant concern in the international community since the 20th century. In its early development, dispute resolution could be achieved either peacefully or through the use of force. However, with the growing awareness of the dangers of war and the advancement of weapon technology, the international community has increasingly recognized the importance of peaceful dispute resolution. In the dynamics of its development, international dispute resolution can be distinguished between legal and political disputes. The opinions of international law experts regarding this distinction vary. There is also a middle ground view that states every dispute has its own political and legal aspects. The development of peaceful dispute resolution has been taking place since the Hague Peace Conferences of 1899 and 1907. During these conferences, rules for peaceful dispute resolution between nations were established. International law also regulates the obligations of states to settle disputes peacefully, as stated in the UN Charter. Technological advancements and the existence of official rules from the UN have strengthened the presence of international law in maintaining international peace and security. The obligation of states to settle disputes peacefully and refrain from the use of force is a recognized principle in international law.