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Coming Soon Making and Shaping the Law of Armed Conflict

Making and Shaping the Law of Armed Conflict

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780197775134
  • 出版时间 July 2025
  • 规格: Hardback
  • 适应领域:  ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,069.25

¥1,037.18 Save ¥32.07 (3%)

发货时间:大约 4-5 weeks ?Extra 2-10 working days for address outside Hong Kong
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  • 描述 
  • 大纲 
  • 详细

    How laws are created, shaped, and applied is a significant but often overlooked component of studies on armed conflict. Almost every contentious legal question involves aspects of law-making and shaping, be it the determination of a rule's scope of application, whether and how to regulate a "new" situation, or determining which sources and materials to take into account. As such, all who operate in this space - whether academic, practitioner, policy-maker, or legal advisor - must appreciate and understand the forces, factors, and actors which converge to make and shape the ever-developing law of armed conflict.

    This volume brings together several key contributors to explore this making and shaping in depth. A variety of aspects of law-making and shaping are analyzed, from the methodology behind identifying principles and rules of law, to what weight should be given to the views of particular actors, to the various forums where the law is made and shaped. It examines foundational materials of the law of armed conflict including the 1949 Geneva Conventions and considers the influence of a wide scope of actors, ranging from States, the International Committee of the Red Cross, and international courts and tribunals through to expert groups, commissions of inquiry, and non-state armed groups.

    This volume also asks us to broaden our gaze beyond spaces where the law is traditionally created to uncover different types of making and unmaking

  • PART ONE: Introduction
    1. Making and Shaping: An Overview
    Sandesh Sivakumaran and Christian R. Burne

    PART TWO: Foundational Materials
    2. Where Vienna and Geneva Meet: Treaty Interpretation and the Geneva Conventions
    Jean-Marie Henckaerts
    3. Customary International Law: A Transformative Force in the Landscape of IHL
    Katharine Fortin
    4. Principles of International Humanitarian Law: A New Framework
    Jeroen van den Boogaard
    5. Soft Law: What is it Good For?
    Michael W. Meier

    PART THREE: Actors and Influences
    6. Expert Manuals: An Insider's Account
    Michael N. Schmitt
    7. The Development of International Humanitarian Law by the International Committee of the Red Cross
    Sandesh Sivakumaran
    8. Applying the Law of Armed Conflict in Domestic Courts: The Fusion of Domestic and International Law and the Question of IHL Expertise
    Yahli Shereshevsky
    9. The Development of the Law of Armed Conflict by International Criminal Tribunals
    Martha M. Bradley
    10. The Role of Human Rights Mechanisms in Shaping International Humanitarian Law
    Alessandra Spadaro
    11. Applying and Interpreting the Law of Armed Conflict: Contributions by the United Nations Commissions on the Syrian Arab Republic and the Republic of South Sudan
    Yousuf Syed Khan
    12. Non-State Armed Groups, Law-Making, and the Shaping of International Law in Armed Conflict
    Ezequiel Heffes

    PART FOUR: Spaces
    13. The Role of Regionalism in the Making and Shaping of the Law of Armed Conflict
    Gus Waschefort
    14. Between War and the Text: The Pedagogical Life of International Humanitarian Law
    Rebecca Sutton

    PART FIVE: Unmaking
    15. A Prologue to Law of War Unmaking
    Sean Watts

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