Fighting at the legal boundaries : controlling the use of force in contemporary conflict / Kenneth Watkin.

Format:

Book

Author/Creator:

Watkin, Kenneth, author.

Language:

English

Subjects (All):

Aggression (International law).

War (International law).

Self-defense (International law).

Combatants and noncombatants (International law).

Non-state actors (International relations).

Preemptive attack (Military science).

Physical Description:

1 online resource (729 p.)

Place of Publication:

New York, NY : Oxford University Press, 2016.

Language Note:

English

Summary:

Fighting at the Legal Boundaries offers a holistic approach towards the application of the various constitutive parts of international law. The author focuses on the interaction between the applicable bodies of law by exploring whether their boundaries are improperly drawn, or are being interpreted in too rigid a fashion. Emphasis is placed on the disconnect that can occur between theory and practice regarding how these legal regimes are applied and interact with one another. Through a number of case studies, Fighting at the Legal Boundaries explores how the threat posed by insurgents, terrori

Contents:

Cover; Fighting at the Legal Boundaries ; Copyright ; Dedication ; Contents ; Preface ; Abbreviations ; Part one Introduction ; 1. An Outline of the Challenges ; 1.1. The Security Challenge ; 1.2. The Legal Challenge ; 1.3. The Operational Challenge: The Emerging "Law of 9/11"; 1.4. The Outline

Part two The Interaction Between Normative Frameworks 2. Controlling State Involvement in Conflict ; 2.1. Introduction ; 2.2. A Focus on the State ; 2.3. The Destructive Power of the State ; 2.3.1. Reintroduction of Just War Theory ; 2.3.2. Inter-State Conflict: Limiting the Recourse to War

2.4. Noninternational Armed Conflict 2.4.1. Domestic Authority, International Law, and Non-State Actors; 2.4.2. Internal Conflicts with an "International Character" ; 2.4.3. Conflict Evolution ; 2.4.4. Cross-Border Attacks by Non-State Actors; 2.4.5. An Interpretive Struggle ; 3. Applying the Self-Defense Principles During Armed Conflict; 3.1. Introduction

3.2. The Continuing Application of Self-Defense Principles3.3. An "Overarching" Application ; 3.4. A More "Limited" Theory ; 3.5. Additional Restraining Mechanisms ; 3.6. The Self-Defense Principles: A Strategic or Tactical Issue?; 3.6.1. Self-Defense and the Levels of War; 3.6.2. Targeting: A Matter of Strategy and Tactics ; 3.6.3. Applying Self-Defense Principles Across the Armed Conflict Spectrum

3.7. Less Certain Boundaries 4. States, "Proper Authority," and Conflict ; 4.1. Introduction ; 4.2. Humanitarian Law and "Proper Authority" ; 4.3. Impact of the Proper Authority Principle ; 4.4. The State and Governance ; 4.4.1. Public, Private, and Mixed War ; 4.4.2. Governance

4.4.3. A Reluctant Application of Humanitarian Law

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

0-19-045799-6

0-19-045800-3

0-19-045798-8