The principle of non-intervention in the domestic affairs of states is one of the most venerable principles of international law. Although not expressly mentioned in the Charter of the United Nations, at least as an inter-state prohibition, the principle currently appears in a plethora of treaties and UN General Assembly resolutions and has been invoked like a mantra by states of all geographical and political denominations. Despite this, the determination of its exact content has remained an enigma. International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other Principles solves this enigma by exploring what constitutes an 'intervention' in international law and when interventions are unlawful. These questions are approached from three different perspectives, which are reflected in the book's structure: historical, theoretical, and systematic. Through a comprehensive survey of primary documents and of over 200 cases of intervention from the mid-18th century to the present day, as well as an extensive literature search, this work provides an in-depth analysis of the principle of non-intervention which links it to fundamental notions of international law, including sovereignty, use of force, self-determination, and human rights protection.

This book provides a systematic analysis of the principle of non-intervention from a historical, theoretical, and systematic perspective. Roscini argues that the principle is strictly linked to some fundamental notions of international law, such as sovereignty, use of force, self-determination, and human rights protection.

Using a unique application of Third World Approaches to International Law (TWAIL), this book provides a critical, interdisciplinary, examination of the contemporary practice of UN peacekeeping. Is peacekeeping intervention? Since its conception in the mid-1950s, peacekeeping has significantly evolved from traditional, lightly armed, passive operations to robust, multi-dimensional stabilisation peacekeeping operations. This raises questions as to whether this is simply a natural evolution of peacekeeping or whether it marks an expansion of the concept beyond its boundaries, pushing it into the realm of peace enforcement or intervention. In response, this book examines the frameworks which govern UN peacekeeping and seeks to understand the relationship between peacekeeping and the principle of non-intervention. Providing practical examples from the United Nations’ operations in the Democratic Republic of the Congo and drawing upon interviews with key international actors including UN personnel, the book explores the boundaries of peacekeeping, contending that peacekeeping, at times, becomes a form of intervention. This, the book argues, is detrimental both to the concept of peacekeeping and to the host state, and it concludes by offering a series of recommendations to re-affirm peacekeeping’s boundaries and amplify the effectiveness of contemporary peacekeeping. This book will be of interest to scholars and students in international law, international relations, politics, history and criminology.

Cyber warfare has become more pervasive and more complex in recent years. It is difficult to regulate, as it holds an ambiguous position within the laws of war. This book investigates the legal and ethical ramifications of cyber war, considering which sets of laws apply to it, and how it fits into traditional ideas of armed conflict.

This book is a multi-disciplinary analysis of cyber warfare, featuring contributions by leading experts from a mixture of academic and professional backgrounds. Cyber warfare, meaning interstate cyber aggression, is an increasingly important emerging phenomenon in international relations, with state-orchestrated (or apparently state-orchestrated) computer network attacks occurring in Estonia (2007), Georgia (2008) and Iran (2010). This method of waging warfare – given its potential to, for example, make planes fall from the sky or cause nuclear power plants to melt down – has the capacity to be as devastating as any conventional means of conducting armed conflict. Every state in the world now has a cyber-defence programme and over 120 states also have a cyber-attack programme. While the amount of literature on cyber warfare is growing within disciplines, our understanding of the subject has been limited by a lack of cross-disciplinary engagement. In response, this book, drawn from the fields of computer science, military strategy, international law, political science and military ethics, provides a critical overview of cyber warfare for those approaching the topic from whatever angle. Chapters consider the emergence of the phenomena of cyber warfare in international affairs; what cyber-attacks are from a technological standpoint; the extent to which cyber-attacks can be attributed to state actors; the strategic value and danger posed by cyber conflict; the legal regulation of cyber-attacks, both as international uses of force and as part of an on-going armed conflict, and the ethical implications of cyber warfare. This book will be of great interest to students of cyber warfare, cyber security, military ethics, international law, security studies and IR in general.

Renmin Chinese Law Review, Voume. 2 is the second work in a series of annual volumes on contemporary Chinese law, which bring together the work of recognised scholars from China, offering a window on current legal research in China. This volume

This book adopts a sociolegal and interdisciplinary approach to examine how the Responsibility to Protect (R2P) has been understood within the Association of Southeast Asian Nations (ASEAN). Historically, the international community has struggled to effectively address humanitarian crises worldwide. The concept of the 'Responsibility to Protect' (R2P) has emerged over the past two decades as a principle that could guide states’ efforts to prevent and respond to humanitarian crises. However, R2P's interpretation varies across different regions, and it remains to be established whether it can successfully achieve its goals. This book adopts an interdisciplinary approach to analyse how R2P has been perceived and applied within the Association of Southeast Asian Nations (ASEAN) and China. In particular, it explores ASEAN’s, ASEAN member-states’ and China’s understanding and implementation of R2P, paying special attention to the 1999 East Timor crisis, the Rohingya crisis, and the West Papua conflict. The book assesses whether R2P has influenced the actions of ASEAN, its member states, and China. At a broader level, the book also explores regional approaches to international law, shedding light on Southeast Asian states’ perspectives on this aspect of global governance. This book will be of much interest to students of Responsibility to Protect, Asian politics, human rights, international law, and International Relations in general.

Oliver Dörr stellt die wichtigsten Leitentscheidungen internationaler Gerichte zum Völkerrecht im englischen Originaltext zusammen und macht sie so dem Anwender zugänglich, der nicht ständig Zugriff auf die amtliche Entscheidungssammlung hat. Durch die Sammlung von vierzig Urteilen und Gutachten des Ständigen Internationalen Gerichtshofs (1923-1933) und des Internationalen Gerichtshofs (1949-2003) entsteht ein umfassender Überblick über achtzig Jahre völkerrechtlicher Rechtsprechung und ein unverzichtbares Hilfsmittel für die Arbeit mit dem Völkerrecht. Jede Entscheidung wird nach einer kurzen Sachverhaltszusammenfassung mit geringen Kürzungen im Originaltext zitierfähig wiedergegeben. Es folgt eine `Dogmatische Einordnung¿ der Entscheidung, die ihren bis heute gültigen völkerrechtsdogmatischen Ertrag in wenigen Leitsätzen zusammenfaßt. Den Abschluß bilden jeweils einige Hinweise zur vertiefenden Lektüre.

Examines the legal statutes, executive orders, and judicial interpretations of US economic and financial sanctions.

What can be done if the United Nations Security Council fails to protect people from mass atrocities? At a time of inaction and political paralysis at the United Nations, this book explains the legality of alternative action beyond the Security Council. This book takes a fresh look at the responsibility to protect and offers new and compelling insights into the powers and limits of the UN Security Council. It argues that the Security Council's responsibility to maintain international peace and security, and its responsibility to protect, do not die with its own failures. Other actors can and must take up responsibility to save those in need. In a persuasive and detailed examination of the legal framework, this research identifies options for coercive measures to be taken beyond the Council that could be used to break the deadlock, including through the General Assembly and regional organisations. It provides a must-have resource for students, academics, and researchers on key principles of international law. It also offers insight for governments, policy-makers, and other international actors on how they can uphold their legal responsibilities, maintain peace and security, and prevent their failures from undermining the very existence of the UN itself.