Results for ' international humanitarian law'

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  1.  10
    Is International Humanitarian Law Lapsing into Irrelevance in the War on International Terror?Dan Belz - 2006 - Theoretical Inquiries in Law 7 (1):97-130.
    This article uses an economic narrative to examine the theoretical adequacy of applying humanitarian law to the regulation of the war on international terror. I will argue that problems inherent in collective action hinder the ability of this law to generate an optimal level of global security, and that the absence of the element of reciprocity lowers states’ compliance with it. The paper discusses factors such as audience costs, negative externalities of public conscience, NGOs’ activities, and the promotion (...)
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  2.  1
    International humanitarian laws: Applicable to all or a privilege for some?S. Mahomed - forthcoming - South African Journal of Bioethics and Law:e2058.
    There is an intrinsic connection between genocide and colonialism where both concepts are in close proximity and are based on the logic of elimination. The fact that an active genocide of the Palestinian people continues in 2024 is extremely disturbing. A plethora of human rights laws and principles complement and reinforce the protections afforded under international humanitarian law. These laws were developed in order to prevent historical atrocities from repeating themselves. As history is re-written, it is submitted that (...)
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  3. International humanitarian law.Geoffrey Best - 1982 - In Geoffrey L. Goodwin (ed.), Ethics and Nuclear Deterrence. St. Martin's Press.
  4.  12
    AidōsandDikēin International Humanitarian Law: Is IHL a Legal or a Moral System?Hilly Moodrick-Even Khen - 2016 - The Monist 99 (1):26-39.
    Even though International Humanitarian Law (IHL) is, strictly speaking, a branch of international law serving as the body of laws governing the conduct of armed conflicts, it functions also, and perhaps to a greater extent, as a moral system (either followed or rejected) for the armies involved in armed conflicts. As utilitarians already noticed, the development of legal systems was powerfully influenced by moral opinion, and conversely, moral standards had been profoundly influenced by law, so that the (...)
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  5.  5
    International Humanitarian Law and Nichiren Buddhism.Daiki Kinoshita - 2021 - Contemporary Buddhism 22 (1-2):398-413.
    ABSTRACT This paper explores how specific Mahāyāna ethics, namely the interpretation of the Lotus Sūtra by Zhiyi (536–597), Nichiren (1222–1282) and Sōka Gakkai (1930–), can relate to core principles of international humanitarian law (IHL). In particular, it also assesses and discusses how Sōka Gakkai’s three key doctrines (the dignity of life, the variability of life and the interconnectedness of life) are congruent with some IHL principles. The paper then analyses how Buddhist organisations today can be advocates of IHL (...)
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  6.  1
    International humanitarian law: Dunant would be devastated again.A. Dhai - forthcoming - South African Journal of Bioethics and Law:e2153.
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  7.  6
    First do no harm: medical ethics in international humanitarian law.Sigrid Mehring - 2015 - Boston: Brill Nijhoff.
    The role of physicians in armed conflict -- International humanitarian law -- International criminal law -- Customary status of international humanitarian law -- The relevant human rights norms applicable to the work of physicians in armed conflict -- The interpretation of the reference to medical ethics and generally accepted medical standards pursuant to the Vienna Convention on the Law of Treaties -- Medical ethics in international law -- A pluralistic approach to medical ethics -- (...)
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  8.  10
    EU Law and International Humanitarian Law.Marco Sassòli & Djemila Carron - 2015 - In Dennis Patterson (ed.), A Companion to European Union Law and International Law. Wiley-Blackwell. pp. 413–426.
    This chapter discusses the application of international humanitarian law (IHL) to EU military operations outside of the European Union (EU). It describes where the Union has performed best: promoting the development, acceptance, and respect of IHL by others. EU restrictive measures may be taken in its commercial policy, its foreign and security policy, and its development cooperation policy. A field in which the European Union may have a direct impact on violations of IHL is the export of arms. (...)
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  9.  9
    Why Does Buddhism Support International Humanitarian Law? – A Humanistic Perspective.Chien-Te Lin - 2022 - Contemporary Buddhism 23 (1-2):2-17.
    ABSTRACT The core teaching of Buddhism revolves around understanding and alleviating suffering. Since the purpose of international humanitarian law (IHL) is to minimise suffering during armed conflict, by protecting the innocent and restricting the means and methods of warfare, Buddhists should support IHL. In this paper, I try not to utilise the Buddha’s well-known teachings such as karma, impermanence, non-self, emptiness, compassion and so on, to explain why Buddhists should support IHL. Instead, I present how and why Buddhism (...)
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  10.  3
    How Does Buddhism Compare with International Humanitarian Law, and Can It Contribute to Humanising War?Andrew Bartles-Smith - 2021 - Contemporary Buddhism 22 (1-2):8-51.
    ABSTRACT This article examines Buddhist teachings relevant to the regulation of war and compares them with international humanitarian law (IHL) and the just war tradition by which it has been informed. It argues that Buddhist ethics broadly align with IHL rules to minimise harm inflicted during war, and that Buddhism’s psychological resources can help support IHL to improve compliance with common humanitarian norms. Indeed, Buddhist mindfulness techniques can support even non-Buddhist combatants by enhancing their psychological resilience and (...)
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  11.  27
    Model of a military autonomous device following International Humanitarian Law.Tom van Engers, Jonathan Kwik & Tomasz Zurek - 2023 - Ethics and Information Technology 25 (1):1-12.
    In this paper we introduce a computational control framework that can keep AI-driven military autonomous devices operating within the boundaries set by applicable rules of International Humanitarian Law (IHL) related to targeting. We discuss the necessary legal tests and variables, and introduce the structure of a hypothetical IHL-compliant targeting system.
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  12.  44
    Private Military and Security Companies and the Problems of their Regulation under International Humanitarian Law.Justinas Žilinskas - 2009 - Jurisprudencija: Mokslo darbu žurnalas 117 (3):163-177.
    The use of private military force by states has been a long-standing phenomena in the history of warfare. Armies of mercenaries, privateering and recruitment of foreign nationals into armed forces have been common during the Middle Ages and later on. However, with the invention of effective firearms and artillery, standing regular armies, conscription and other developments that resulted in the essential rise of costs of war, the role of private military entrepreneurs diminished. By the end of XIXth century the state (...)
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  13.  51
    The Influence of Using Cyber Technologies in Armed Conflicts on International Humanitarian Law.Justinas Žilinskas - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (3):1195-1212.
    Cyber warfare is becoming a new reality with new battles fought everyday on virtual battlefields. For a century and a half, International Humanitarian Law has been a sentry for victims of wars guaranteeing their legal protection from the calamities of war, trying hard to respond to Clausewitz’s “chameleon of war”. Cyber conflict marks new chameleon’s colour together with the unmanned aerial vehicles, autonomic battle systems and other technologies deployed on battlefields. However, it would be greatly erroneous to claim (...)
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  14.  17
    Rebel Groups’ Adoption of Human Rights and International Humanitarian Law Norms: An Analysis of Discourse and Behavior in Kosovo.Jennifer A. Mueller - 2023 - Human Rights Review 24 (4):511-544.
    International human rights law and international humanitarian law (IHL) contain few obligations for rebel groups, yet those groups are nonetheless under pressure to comply with their foundational international norms. This case study of the Kosovo Liberation Army (KLA) analyzes the evolution of its discourse and behavior related to human rights and IHL. It then compares changes in the group’s discourse to evidence of changes in behavior. The study finds that the KLA does significantly change its language, (...)
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  15.  7
    The varvarin case: The legal standing of individuals as subjects of international humanitarian law.Noëlle Quénivet - 2004 - Journal of Military Ethics 3 (2):181-187.
    On 10 December 2003, a German civil court sitting in Bonn denied the victims of a NATO air raid the right to sue Germany and claim compensation for alleged violations of international humanitarian...
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  16.  81
    Thin or Thick? The Principle of Proportionality and International Humanitarian Law.Georg Nolte - 2010 - Law and Ethics of Human Rights 4 (2):245-255.
    Proportionality, as a concept, does not contain any inherent standards, but rather refers to a proper balance between all relevant factors. It is nevertheless necessary to make analytical distinctions that help identify the premises of its application within different contexts. This is particularly true for an area like international humanitarian law in which a proper focusing of the principle of proportionality is crucial. This article suggests that the distinction between a “thin” and a “thick” approach is a helpful (...)
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  17.  24
    Thevarvarin case: The legal standing of individuals as subjects of international humanitarian law.Noëlle Quénivet - 2004 - Journal of Military Ethics 3 (2):181-187.
    On 10 December 2003, a German civil court sitting in Bonn denied the victims of a NATO air raid the right to sue Germany and claim compensation for alleged violations of international humanitarian...
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  18. The (non-)importance of chivalry in international humanitarian law : shadows of the past or answers to challenges ahead?Stefan Geter - 2019 - In Bernhard Koch (ed.), Chivalrous Combatants? The Meaning of Military Virtue Past and Present. Nomos Verlagsgesellschaft.
     
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  19.  7
    Gilad Ben-Nun, The Fourth Geneva Convention for Civilians: The History of International Humanitarian Law (I.B. Tauris 2020), ISBN 9781838604301, 288 pp, GBP 85.00. [REVIEW]Andrew Majeske - 2021 - Human Rights Review 22 (4):521-523.
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  20.  27
    Gary D. Solis. The Law of Armed Conflict: International Humanitarian Law in War: Cambridge University Press, 2010. [REVIEW]David P. Forsythe - 2011 - Human Rights Review 12 (3):413-415.
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  21.  11
    Legal constraints on the international community's responses to gross violations of human rights and humanitarian law in Kosovo, east Timor, and Chechnya.John P. Cerone - 2001 - Human Rights Review 2 (4):19-53.
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  22.  23
    Human rights and humanitarian laws in the Western Hemisphere.C. Neale Ronning - forthcoming - Social Research: An International Quarterly.
  23.  55
    Kant, International Law, and the Problem of Humanitarian Intervention.Antonio Franceschet - 2010 - Journal of International Political Theory 6 (1):1-22.
    International law has one principal mechanism for settling the legality of humanitarian interventions, the United Nations Security Council's power to authorise coercion. However, this is hardly satisfactory in practice and has failed to provide a more secure juridical basis for determining significant conflicts among states over when humanitarian force is justified. This article argues that, in spite of Immanuel Kant's limited analysis of intervention, and his silence on humanitarian intervention, his political theory provides the elements of (...)
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  24.  12
    Digital Humanitarian Mapping and the Limits of Imagination in International Law.Fleur Johns - 2023 - Law and Critique 34 (3):341-361.
    Humanitarian maps assembled using digital technology are indicative of transformations underway in how the world is made knowable, sensible, and actionable, including for international legal purposes. These transformations are exemplified by the Missing Maps Project (MMP), an initiative of the Humanitarian OpenStreetMap Team, a U.S.-registered non-profit, and three other non-governmental organisations operating internationally: American Red Cross; British Red Cross; and Médecins Sans Frontières. Projects such as the MMP make it harder for international lawyers to lay claim (...)
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  25.  48
    Humanitarian Intervention after Iraq: Just War and International Law Perspectives.James Turner Johnson - 2006 - Journal of Military Ethics 5 (2):114-127.
  26.  10
    International Law and the Humanization of Warfare.Mitt Regan - 2023 - Ethics and International Affairs 37 (4):375-390.
    The trend toward the “humanization” of international law reflects a greater emphasis on individuals rather than simply states as objects of concern. The advance of human rights law (HRL) has been an important impetus for this trend. Some observers suggest that humanization can be furthered even more by applying HRL rather than international humanitarian law (IHL) to hostilities between states and nonstate armed groups, unless a state explicitly declares that it is engaged in an armed conflict. This (...)
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  27.  27
    Humanitarian Intervention and International Law: The Moral Importance of an Intervener’s Legal Status.James Pattison - 2007 - Critical Review of International Social and Political Philosophy 10 (3):301-319.
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  28. Humanitarian Intervention: An Inquiry Into Law and Morality.Fernando R. Tesón - 2005 - Brill Nijhoff.
    This work offers an analysis of all the legal and moral issues surrounding humanitarian intervention: the deaths of innocent persons and the Doctrine of Double Effect Governmental legitimacy - The Doctrine of Effective Political Control; UN Charter and evaluation of the Nicaragua ruling; The Morality of not intervening; US-led invasion of Iraq; Humanitarian intervention authorised by the UN Security Council - Iraq, Somalia, Haiti, Rwanda, and Bosnia among others highlight NATO's intervention in Kosovo; The Nicaragua Decision; and The (...)
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  29.  15
    The “Discourse” of International Law and Humanitarian Intervention.Gustavo Gozzi - 2017 - Ratio Juris 30 (2):186-204.
    This essay analyzes the doctrine of “humanitarian intervention” in the frame of international law in the second half of nineteenth century and identifies the ground of legitimation of this intervention in the violation of presumed universal laws of humanity. The analysis emphasizes the transformation of the paradigm of “humanitarian intervention” into the current doctrine of the “responsibility to protect,” which under the rubric of “responsibility” legitimizes limitations on a state's sovereignty in cases where the state fails to (...)
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  30.  17
    Rethinking Humanitarian Intervention: A Fresh Legal Approach Based on Fundamental Ethical Principles in International Law and World Religions, Brian D. Lepard , 528 pp., $55 cloth. [REVIEW]Peter J. Hoffman - 2002 - Ethics and International Affairs 16 (2):166-168.
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  31. An Overview of the Issues.Humanitarian Intervention - 1998 - Ethics and International Affairs 12:63-80.
     
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  32. Review of May & Hoskins, International Criminal Law and Philosophy. [REVIEW]Matthew Lister - 2010 - Concurring Opinions Blog:1.
    This is a review of an anthology on international criminal law edited by Larry May and Zack Hoskins, published by Cambridge University Press.
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  33.  15
    Law and Morality in Humanitarian Intervention.Linda Eggert - 2022 - Legal Theory 28 (4):298-324.
    This paper examines what prevents us from legally enforcing the moral imperative of protecting human rights during military operations carried out for distinctly humanitarian purposes. The answer, I argue, lies not in familiar objections to bringing the law into greater congruence with morality, but in international law's indeterminacy regarding the use of force. Preserving stability within the nascent international legal system comes at the cost of a law that eschews the protection of individual rights even in cases (...)
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  34. Kant on Rights and Coercion in International Law: Implications for Humanitarian Military Intervention.Alyssa R. Bernstein - 2007 - Philosophy 38 (2):237.
  35.  97
    When is a child not a child? Child soldiers in international law.Claire Breen - 2007 - Human Rights Review 8 (2):71-103.
    International humanitarian law and international human rights law both prohibit the use of child soldiers in armed conflict. The protection afforded to children is problematic because the age a child may become a soldier and what constitutes child “soldiering” fluctuates between States and cultures. Differing levels of children soldiers’ protection leave them vulnerable to particular abuses. This paper examines some different attitudes and approaches towards the use of child soldiers and concludes that international human rights law (...)
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  36.  5
    The Strategic Use of International Law by the United Nations Security Council: An Empirical Study.Rossana Deplano - 2015 - Cham: Imprint: Springer.
    The book offers insights on whether international law can shape the politics of the Security Council and, conversely, the extent to which the latter contribute to the development of international law. By providing a systematic analysis of the quantity and quality of international legal instruments referred to in the text of resolutions, the book reconstructs patterns of the Security Council's behavioural regularities and assesses them against the provisions of the United Nations Charter, which establishes its mandate. The (...)
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  37.  2
    Equality in International Law and Its Social Ontological Discontent.Ka Lok Yip - 2023 - Jus Cogens 5 (1):111-124.
    This article examines, through a theoretical lens, two issues concerning equality under international law thrown up by the ongoing Russo-Ukrainian War: the equal treatment of belligerents on different sides under international humanitarian law (IHL), which is being contested by revisionist just war theorists, and the unequal treatment of Ukrainians with different genders assigned at birth who are trying to flee Ukraine, which is being contested under international human rights law (IHRL). By examining different conceptions of equality (...)
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  38. Bioethics and Biolaw.Peter Kemp, Jacob Dahl Rendtorff, Niels Mattsson, Centre for Ethics and Law & International Conference on Bioethics and Biolaw - 2000
     
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  39.  43
    Humanitarian Diplomacy: The ICRC's Neutral and Impartial Advocacy in Armed Conflicts.Hugo Slim - 2019 - Ethics and International Affairs 33 (1):67-77.
    As part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay describes the humanitarian diplomacy of the International Committee of the Red Cross (ICRC) by comparing it conceptually with other forms of advocacy and illustrating it with the ICRC's recent experience in the Yemen crisis. Humanitarian diplomacy is examined as one particular way of balancing legal norms, moral values, and national interests in the pursuit of greater respect for international humanitarian (...)
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  40.  12
    [Book review] rethinking humanitarian intervention, a fresh legal approach based on fundamental ethical principles in international law and world religions. [REVIEW]Brian D. Lepard - 2002 - Ethics and International Affairs 16 (2):166-168.
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  41.  58
    The Role of the 'International Community' in Just War Tradition--Confronting the Challenges of Humanitarian Intervention and Preemptive War.George R. Lucas - 2003 - Journal of Military Ethics 2 (2):122-144.
    Although the use of military force for humanitarian ends seems utterly divorced from the use of such force to combat terrorism, both uses answer to similar descriptions. Both appear to encourage nations that are not necessarily themselves under attack to set aside the reigning conventions of national sovereignty and territorial integrity for the overriding purposes of international law enforcement and protection of vulnerable noncombatants. Both involve offensive rather than purely defensive uses of military force. Both answer to criteria (...)
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  42.  3
    Proportionality in international law.Michael A. Newton - 2014 - New York, NY: Oxford University Press. Edited by Larry May.
    Introduction -- What is proportionality? -- Proportionality : a multiplicity of meanings -- Proportionality in the just war tradition -- Proportionality in international humanitarian law -- Proportionality in human rights law and morality -- The uniqueness of jus in bello proportionality -- Countermeasures and counterinsurgency -- Human shields and risk -- Targeted killings and proportionality in law : two models -- The nature of war and the idea of "cyberwar" -- Thresholds of jus in bello proportionality.
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  43.  67
    Child soldiers and international law: Patchwork gains and conceptual debates.Mary-Jane Fox - 2005 - Human Rights Review 7 (1):27-48.
    This article reviews and also compares developments within international humanitarian law and human rights law in regard to matters relating to child soldiers. Beginning with the Geneva Conventions and early twentieth century legal developments for children in general, this article identifies the legal and conceptual discrepancies in the child soldiers issue and how they relate to and affect each other. It also includes an overview of the child soldiers issue, followed by summary discussions of the respective strengths and (...)
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  44. The first integrated practice of legal translation in modern China: A study of the Chinese translation of Elements of International Law, 1864.Law Shanghai - forthcoming - Semiotica.
    Journal Name: Semiotica Issue: Ahead of print.
     
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  45. If Molinism is true, what can you do?Andrew Law - forthcoming - International Journal for Philosophy of Religion:1-16.
    Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...)
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  46.  17
    Artificial intelligence and humanitarian obligations.David Danks & Daniel Trusilo - 2023 - Ethics and Information Technology 25 (1):1-5.
    Artificial Intelligence (AI) offers numerous opportunities to improve military Intelligence, Surveillance, and Reconnaissance operations. And, modern militaries recognize the strategic value of reducing civilian harm. Grounded in these two assertions we focus on the transformative potential that AI ISR systems have for improving the respect for and protection of humanitarian relief operations. Specifically, we propose that establishing an interface for humanitarian organizations to military AI ISR systems can improve the current state of ad-hoc humanitarian notification systems, which (...)
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  47. The Pandora’s box objection to skeptical theism.Stephen Law - 2015 - International Journal for Philosophy of Religion 78 (3):285-299.
    Skeptical theism is a leading response to the evidential argument from evil against the existence of God. Skeptical theists attempt to block the inference from the existence of inscrutable evils to gratuitous evils by insisting that given our cognitive limitations, it wouldn’t be surprising if there were God-justifying reasons we can’t think of. A well-known objection to skeptical theism is that it opens up a skeptical Pandora’s box, generating implausibly wide-ranging forms of skepticism, including skepticism about the external world and (...)
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  48.  2
    Ideas in conflict: international law and the global war on terror.Eric Engle - 2013 - The Hague, The Netherlands: Eleven International Publishing.
    Contemporary international law. Methodology -- The origin of sovereignty in Roman and medieval law -- The transformation of sovereignty and international law in late modernity -- The transformation of international law by human rights -- The UN convention system and US foreign policy -- IR realism and the positivity of international law -- Containment and disengagement -- Assassination and international law -- Humanitarian intervention and international law -- Lawfare, Wikileaks, and the rule of (...)
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  49.  15
    International comparisons.David Law - 2019 - Perspectives: Policy and Practice in Higher Education 23 (1):1-4.
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  50.  9
    Gaza and international law: The global obligation to protect life and health.S. Soni - 2023 - South African Journal of Bioethics and Law 16 (3):80-81.
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