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International Law and New Wars


ISBN13: 9781107171213
Published: April 2017
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £106.00
Paperback edition , ISBN13 9781316622094



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International Law and New Wars examines how international law fails to address the contemporary experience of what are known as 'new wars' - instances of armed conflict and violence in places such as Syria, Ukraine, Libya, Mali, the Democratic Republic of Congo and South Sudan.

International law, largely constructed in the nineteenth and twentieth centuries, rests to a great extent on the outmoded concept of war drawn from European experience - inter-state clashes involving battles between regular and identifiable armed forces.

The book shows how different approaches are associated with different interpretations of international law, and, in some cases, this has dangerously weakened the legal restraints on war established after 1945. It puts forward a practical case for what it defines as second generation human security and the implications this carries for international law.

Subjects:
Public International Law
Contents:
Part I. Conceptual Framework:
1. Introduction
2. Sovereignty and the authority to use force
3. The relevance of international law

Part II. Jus ad Bellum:
4. Self-defence as a justification for war: the geopolitical and war on terror models
5. The humanitarian model for recourse to use force

Part III. Jus in Bello:
6. How force is used
7. Weapons

Part IV. Jus Post-Bellum:
8. 'Post-conflict' and governance
9. The liberal peace: peacemaking, peacekeeping and peacebuilding
10. Justice and accountability

Part V. The Way Forward:
11. Second generation human security
12. What does human security require of international law?