Security : a multidisciplinary normative approach / edited by Cecilia M. Bailliet.

Format:

Book

Contributor:

Bailliet, Cecilia.

Series:

International humanitarian law series ; v. 26.

International humanitarian law series, 1389-6776 ; v. 26

Language:

English

Subjects (All):

International law.

Humanitarian law.

National security--Law and legislation.

National security.

Environmental law, International.

Physical Description:

1 online resource (400 p.)

Edition:

1st ed.

Place of Publication:

Leiden ; Boston : Martinus Nijhoff Publishers, 2009.

Language Note:

English

Summary:

Security is an all-encompassing term of art which is subject to diverse interpretations and understandings. It includes notions of protection against transnational threats, including terrorism, inter- and intra-state conflict, nuclear proliferation, forced migration, violation of women’s rights, climate change, et cetera The papers in this collection provide fresh voices in the security debate, uniting scholars from different fields of law and philosophy to address normative gaps in interpretation, evolution and application. Part I considers calls for an expanded mandate for the UN Security Council and regional international organisations. Part II reviews innovations within the arena of international humanitarian law, including whether it is possible to balance human rights and humanitarian law standards in peacekeeping operations, responses to “voluntary human shielding”, and normative evolution in the removal of anti-personnel mines and the ban on cluster munitions. Part III embarks upon the realm of Ethics and Democracy: assessing the engagement of private soldiers and the legitimacy of targeted strikes pursuant to the “responsibility to prevent terrorism”. It also considers internal conflicts within the notion of “democratic security”, affirms the procedural guarantees of habeas corpus and non-refoulement as central elements of global justice, and calls for evaluation of gender equity as a measure of state fragility. Part IV confronts the global challenge of climate change as a security threat. Finally, Part V provides a practitioner’s perspective which discusses possible grounds for a gap between academics and security practitioners.

Contents:

The concept of security in international law relating to armed conflicts / Marco Sassoli

International security and international organisations : considerations under international law / Marco Odello

General principles of international humanitarian and human rights law : a tool to overcome the war-and-peace divide in international law / Ulf Hau ler

A critical decision point on the battlefield : friend, foe or innocent bystander / Matthew W. Ezzo & Amos N. Guiora

The obligation to remove and destroy anti-personnel mines and explosive remnants of war in peace operations / Kjetil Mujezinovic Larsen

A new treaty banning cluster munitions : the interplay between disarmament diplomacy and humanitarian requirements / Gro Nystuen

Private versus citizen-soldiers : new mercenarism in a just-war framework / Lene Bomann-Larsen

The "unrule" of law : unintended consequences of applying the responsibility to prevent to counterterrorism, a case study of Colombia's raid in Ecuador / Cecilia M. Bailliet

Democratic security / Christopher Kutz

Global procedural rights and security / Larry May

Women's security/state security / Naomi Cahn

Security in a "warming world" : competences of the UN Security Council for preventing dangerous climate change / Christina Voigt

Environmental security and the UN Security Council / Jo Stigen & Ole Kristian Fauchald

Pragmatic law for international security / Sean Kanuck.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

1-282-60295-0

9786612602955

90-474-2643-6

OCLC:

606927307

Publisher Number:

10.1163/ej.9789004172968.i-390 DOI