Law Not War
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Law, Not War
Law is an institution that has evolved and flourished throughout its six-thousand-year history. Tracing this history in complex societies from the Ancient Middle East to the contemporary world, this book poses the following question: can international law become an effective instrument of social control among nations in the emerging world society? To develop effective international law will require minimal standards of inclusiveness and mutual responsibility. International law must be limited in its scope and its powers. It must also meet the fundamental requirement of an effective legal system: a widespread belief in its justice and fairness. How has that kind of respect for the law come about in earlier societies, and how can it be fostered in the evolution of a world legal order?
Law and War
Author: Peter H. Maguire
language: en
Publisher: Columbia University Press
Release Date: 2010
"This is a revised edition of Law and war : an American story [published in 2000]."--T.p. verso.
War
Author: Andrew Clapham
language: en
Publisher: Oxford University Press
Release Date: 2021-07-29
How relevant is the concept of war today? This book examines how notions about war continue to influence how we conceive rights and obligations in national and international law. It also considers the role international law plays in limiting what is forbidden and legitimated in times of war or armed conflict. The book highlights how, even though war has been outlawed and should be finished as an institution, states nevertheless continue to claim that they can wage necessary wars of self-defence, engage in lawful killings in war, imprison law-of-war detainees, and attack objects which are said to be part of a war-sustaining economy. The book includes an overall account of the contemporary laws of war and delves into whether states should be able to continue to claim so-called 'belligerent rights' over their enemies and those accused of breaching expectations of neutrality. A central claim in the book is as follows: while there is general agreement that war has been abolished as a legal institution for settling disputes, the time has come to admit that the belligerent rights that once accompanied states at war are no longer available. The conclusion is that claiming to be in a war or an armed conflict does not grant anyone a licence to kill people, destroy things, and acquire other people's property or territory.