Covert activity has always been a significant element of international politics. This book attempts to assess the lawfulness of covert action under US and international law and faces the implications for democratic states that covert operations pose.
The International Criminal Court has been operational since mid-2003, following the entry into force of the Rome Statute of the International Criminal Court on 1 July 2002. The Rome Statute is among the most complex international treaties, a combination of public international law, international humanitarian law and criminal law, both international and domestic. The Commentary provides an article-by-article analysis of the Statute. Each of the 128 articles is presented accompanied by a bibliography of academic literature relevant to that provision, an overview of the drafting history of the provision and an analysis of the text. The analytical portion of each chapter draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and the related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence and the Relationship Agreement with the United Nations. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret and apply the complex provisions of the Rome Statute
Shows that only a long-term commitment from the wider world of a type that is rarely ever found, offers a reasonable prospect of rescuing Afghanistan from the dangers it continues to face.
This book brings together the relevant documentary sources on the law of consular access, with significant excerpts set alongside commentary on the documents. As well as the Vienna Convention on Consular Relations, the book also includes other sources, such as bilateral and multilateral treaties, and key court cases from various jurisdictions.
William E. Odom combines expertise in political science and military affairs to challenge both conventional and unconventional wisdom about insurgencies and political development. The author concludes that in all three components of U.S. strategy for counterinsurgency--political, economic, and military--faulty notions of causation inform policy. U.S. advice to embattled governments fails to recognize the inherent clash of development goals; direct fiscal aid hurts more often than it helps recipient governments; and the focus of U.S. military assistance on fighting insurgents plays to their strengths and fails to exploit their weaknesses. On Internal War reviews the contrasting theory and practice in Soviet and American approaches to their competition in the Third World and relates them to indigenous causes of internal wars. Odom also integrates the military dimensions of insurgencies with external influences and internal politics. Drawing on political development theory, he underscores the sources of instability in Third World states that make insurgencies more likely and offers ways to assess the prospects for democracy in specific cases. The centerpiece of the study is a practical application of the author's analysis to three case studies--El Salvador, Guatemala, and the Philippines--and a regional assessment of the Middle East. Odom provides no panaceas but suggests that more promising strategies can be devised.
The problem of white-collar crime has been grabbing headlines and gaining new public attention. In this timely new edition of The Criminal Elite, James William Coleman goes beneath the surface impressions to lay out the common forms and causes of white-collar crime and analyze the toll it takes on American society. The sixth edition integrates a large body of new research, statistics, and legal developments and offers detailed up-to-date coverage of such topics as intellectual property infringements, identity theft, the new wave of corporate scandals, and the growing threats to our civil liberties in the post-9/11 world. This new edition can be incorporated into a variety of sociology, criminal justice, and history courses. Book jacket."--BOOK JACKET
Arbitration of International Business Disputes 2nd edition is a fully revised and updated anthology of essays by Rusty Park, a leading scholar in international arbitration and a sought-after arbitrator for both commercial and investment treaty cases. This collection focuses on controversial questions in arbitration of trade, financial, and investment disputes. The essays address some of the most interesting topics in cross-border business dispute resolution, many of which have endured over several decades and remain subject to radically different views. Examples include the proper role of judicial review, the allocation of jurisdictional tasks, evolution of arbitration's statutory and treaty framework, free trade and bilateral investment agreements, and the balance between fixed rules and arbitral discretion. The book is structured around three themes: arbitration's legal framework; the conduct of arbitral proceedings; and a comparison of arbitration in specific fields such as finance, intellectual property, and taxation. In each of these areas, analysis includes the tensions between fairness and efficiency, and the accurate application of substantive law as well as the implications of mandatory procedural norms. Augmented by more than a dozen new contributions and a revised introduction, this 2nd edition retains all of its earlier practical and scholarly relevance, and includes a Foreword by V. V. (Johnny) Veeder QC.
Prior to the twentieth century, international law was predominantly written by and for the 'civilised nations' of the white Global North. It justified doctrines of racial inequality and effectively drew a colour line that excluded citizens of the Global South and persons of African descent from participating in international law-making while subjecting them to colonialism and the slave trade. The International Legal Order's Colour Line narrates this divide and charts the development of regulation on racism and racial discrimination at the international level, principally within the United Nations. Most notably, it outlines how these themes gained traction once the Global South gained more participation in international law-making after the First World War. It challenges the narrative that human rights are a creation of the Global North by focussing on the decisive contributions that countries of the Global South and people of colour made to anchor anti-racism in international law. After assessing early historical developments, chapters are devoted to The League of Nations, the adoption and implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, the debates within UNESCO on the notion of race itself, expansion of crimes against humanity to cover peacetime violations, as well as challenges to apartheid in South Africa. At all stages, the focus lies on the role played by those who have been the victims of racial discrimination, primarily the countries of the Global South, in advancing the debate and promoting the development of new legal rules and institutions for their implementation. The International Legal Order's Colour Line provides a comprehensive history and compelling new approach to the history of human rights law.
This book, by one of the most experienced authorities on the subject, presents a deep analysis of the very difficult current situation in Afghanistan. Covering a wide range of important subjects including state-building, democracy, war, the rule of law, and international relations, the book draws out two overarching key factors: the way in which the prevailing neopatrimonial political order has become entrenched, making it very difficult for any other political order to take root; and the hostile region in which Afghanistan is located, especially the way in which an ongoing ‘creeping invasion’ from Pakistani territory has compromised the aspirations of both the Afghan government and its international backers to move the country to a more stable position.
Some law students find jurisprudence daunting, impersonal, dry and seemingly detached from practical affairs. William Twining believes that many jurists have been fascinating people struggling with questions that are both historically significant and relevant to contemporary issues. This book brings together previously published essays that centre on three related themes: reading Juristic texts, the role of narrative in law, and relations between theory and practice. Building on a pragmatic view of jurisprudence, the author explores different ways of reading and using Juristic texts, to set them in context, to bring them to life and to engage with the reader's own concerns. He applies this approach to throw fresh light on four familiar figures - Holmes, Bentham, Hart and Llewellyn. Challenging limited agendas and parochial points of view, Twining outlines a programme for a broad approach to legal theory in the context of globalization. He satirizes some bad habits in jurisprudence and explores in depth how stories can be seductive vehicles for cheating in legal contexts, yet are essential for making sense of disputes about fact or law.
Public Policy Analysis, the most widely cited book on the subject, provides students with a comprehensive methodology of policy analysis. It starts from the premise that policy analysis is an applied social science discipline designed for solving practical problems facing public and nonprofit organizations. This thoroughly revised sixth edition contains a number of important updates: Each chapter includes an all-new "big ideas" case study in policy analysis to stimulate student interest in timely and important problems. The dedicated chapter on evidence-based policy and the role of field experiments has been thoroughly rewritten and expanded. New sections on important developments in the field have been added, including using scientific evidence in public policymaking, systematic reviews, meta-analyses, and "big data." Data sets to apply analytical techniques are included online as IBM SPSS 23.0 files and are convertible to Excel, Stata, and R statistical software programs to suit a variety of course needs and teaching styles. All-new PowerPoint slides are included to make instructor preparation easier than ever before. Designed to prepare students from a variety of academic backgrounds to conduct policy analysis on their own, without requiring a background in microeconomics, Public Policy Analysis, Sixth Edition helps students develop the practical skills needed to communicate findings through memos, position papers, and other forms of structured analytical writing. The text engages students by challenging them to critically analyze the arguments of policy practitioners as well as political scientists, economists, and political philosophers.
For the last 30 years, National Security Law has helped create and shape an entire new field of law. It has been adopted for classroom use at most American law schools, all of the military academies, and many non-law graduate programs. The Seventh Edition of this leading casebook provides an up-to-date, user-friendly survey of this extremely dynamic field. Relying heavily on original materials and provocative notes and questions, this book encourages students to play the roles of national security professionals, politicians, judges, and ordinary citizens. And by showing the development of doctrine in historical context, it urges them to see their responsibility as lawyers to help keep us safe and free. Like earlier editions, the new book deals with basic separation-of-powers principles, the interaction of U.S. and international law, the use of military force, intelligence, detention, criminal prosecution, homeland security, and national security information — more than enough to provide teachers with a rich menu of readings for classes. New to the Seventh Edition: Latest developments on U.S. military involvement in Syria and Iran President Trump’s Border Wall and appropriations power Carpenter v. U.S. and recent FISA developments and FISC decisions Trump travel ban “Defending forward” in cyberspace New chapter on nuclear war Professors and students will benefit from: Carefully curated and edited original materials Extensive notes and questions to fill in the blanks Read-ins and chapter summaries to provide perspective Frequent references to historical and political context
Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute.This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.
The 1948 Genocide Convention has suddenly become a vital legal tool in the international campaign against impunity. The succinct provisions of the Convention are now being interpreted in important judgements by the International Court of Justice, the ad hoc Tribunals for the former Yugoslavia and Rwanda, and a growing number of domestic courts. In this definitive work William A. Schabas focuses on the judicial interpretation of the Convention, debates in the International Law Commission, political statements in bodies like the General Assembly of the United Nations, and the growing body of case law. Detailed attention is given to the concept of protected groups, to the quantitative dimension of genocide, to problems of criminal prosecution including defenses and complicity, and to issues of international judicial cooperations such as extradition. He also explores the duty to prevent genocide, and the consequences this may have on the emerging law of humanitarian intervention.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. A new fourth edition of Counterterrorism Law is on its way and will be available for review in late spring, in plenty of time for fall course adoptions. Recent judicial rulings, legislative initiatives, and executive reforms are prominently featured. They help refine our understanding of relevant government structures, processes, and institutions, and they raise critically important new questions. They also address new threats and breathtaking advances in technology. New to the Fourth Edition: The election of President Donald Trump has brought dramatic changes in executive branch decision making, too. These developments are reflected here, as well, including some that became available just days before the new book went to press. Professors and students will benefit from: This study of counterterrorism law is both comprehensive and self-contained. As in prior editions, we have organized the materials in this book into functional categories in order to facilitate study and to help put new developments in the field into perspective. This is not a “how-to-do-it” course, however.
In Counterinsurgency Law, William Banks and several distinguished contributors explore from an interdisciplinary legal and policy perspective the multiple challenges that counterinsurgency operations pose today to the rule of law - international, humanitarian, human rights, criminal, and domestic. Addressing the considerable challenges for the future of armed conflict, each contributor in the book explores the premise that in COIN operations, international humanitarian law, human rights law, international law more generally, and domestic national security laws do not provide adequate legal and policy coverage and guidance for multiple reasons, many of which are explored in this book. A second shared premise is that these problems are not only challenges for the law in post-9/11 security environments-but matters of policy with implications for the international community and for global security more generally.
Violent non-state actors (VNSA) often serve a destabilizing role in nearly every humanitarian and political crisis faced by the international community. As non-state armed groups gain greater access to resources and networks through global interconnectivity, they have come to dominate the terrain of illegal trade in drugs, guns, and humans. Warlords Rising arms those confronting the mounting challenge by delivering an innovative, interdisciplinary framework of analysis designed to improve understanding of non-state adversaries in order to affect their development and performance. Examining the utility of traditional theories of deterrence and warfighting in light of the insight gained through this interdisciplinary approach, the authors elevate the powerful role of environmental shaping in group development, recast deterrence in ecological terms, and lay out a strategy to defeat non-state adversaries if necessary. Whether the goal is preventing, coercing, or conquering, the framework of analysis presented here is designed to be universal, allowing for structured analysis across regions, types, and functions of non-state actors and providing the decision maker and policy maker witha variety of modes and methods of intervention.
Analyzes the causes, legal response, and impact of white-collar crime has on society. This new edition includes case studies on the tobacco industry and consumer fraud.
Over multiple successful editions, this distinctive text puts day-to-day life under the microscope of sociological analysis, providing an engaging treatment of situations and interactions that are resonant with readers’ daily experiences. Clearly written and well-researched, it reveals the underlying patterns and order of everyday life, employing both seminal classical works and contemporary analyses that define and embrace the theories and methods of symbolic interactionism. The latest edition provides fresh insights into patterns of behavior across a wide range of settings and circumstances, connecting our individual “selves” to such issues as the effects of power differentials on social situations, changing definitions of intimacy, varied experiences of aging and the life course, and the ongoing search for meaning. Boxed inserts highlight topics of related interest, while thought-provoking discussion questions encourage readers to apply chapter content to their daily experiences.
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