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Non-binding norms in international humanitarian law : efficacy, legitimacy, and legality / Emily Crawford.
- Format:
- Book
- Author/Creator:
- Crawford, Emily, 1831?-1915, author.
- Series:
- Oxford monographs in international humanitarian and criminal law.
- Oxford scholarship online.
- Oxford monographs in international humanitarian and criminal law
- Oxford scholarship online
- Language:
- English
- Subjects (All):
- Humanitarian law.
- Natural law.
- Physical Description:
- 1 online resource.
- Edition:
- First edition.
- Place of Publication:
- Oxford, England : Oxford University Press, [2021]
- Summary:
- This monograph examines and analyses the phenomenon of non-binding instruments (also known as 'soft law') in the law of armed conflict, or international humanitarian law. It covers the benefits and drawbacks for States and non-States actors as well as their effectiveness and development in the context of armed conflict.
- Contents:
- Cover
- Series
- Non-Binding Norms in International Humanitarian Law
- Copyright
- Dedication
- Series Editors' Preface
- Acknowledgements
- Contents
- List of Abbreviations
- Introduction
- 1. What is 'Soft' Law? An Analysis of the Concept of Non-Binding Instruments and Provisions in International Law
- Defining Non-Binding Instruments (or Soft Law)
- Criticisms of and Support for the Concept of Soft Law
- The Benefits of Soft Law: Coordinating, Qualifying, and Influencing Behaviour
- The Reception and Treatment of Soft Law Instruments and Norms in International Law
- Concluding Comments: Is Soft Law a 'Source' of International Law?
- 2. The History of Non-Binding Instruments in the History of International Humanitarian Law
- The History of Non-Binding Norms in International Humanitarian Law
- The Impact of Non-Binding Instruments in the History of International Humanitarian Law
- Concluding Thoughts on the History of Non-Binding Instruments in International Humanitarian Law
- 3. Non-Binding Provisions in Binding Instruments
- Common Article 3's Special Agreements Provision in Historical Context, Theory, and Practice
- Additional Protocol II's Amnesty Provision in Historical Context, Theory, and Practice
- Amnesties in Article 6(5) of Additional Protocol II-Scope and Interpretation of the Provision
- Concluding Thoughts
- 4. Non-Binding Instruments in International Humanitarian Law: State-Directed Non-Binding Instruments, and Non-Binding Instruments Created by Expert Groups
- A Note on the Methodology for Chapters 4 and 5
- The San Remo Manual on International Law Applicable to Armed Conflicts at Sea
- The San Remo Manual on the Law of Non-International Armed Conflict.
- The Montreux Document on Pertinent International Legal Obligations and Good Practices for States related to Operations of Private Military and Security Companies during Armed Conflict
- The Manual on International Law Applicable to Air and Missile Warfare
- The Copenhagen Principles and Guidelines on the Handling of Detainees in International Military Operations
- The Tallinn Manual on the International Law Applicable to Cyber Warfare and the Tallinn Manual 2.0 on Cyber Operations
- Conclusion
- 5. Non-Binding Instruments in International Humanitarian Law: Civil Society Contributions to the Development of Non-Binding Norms
- The ICRC Study into Customary International Humanitarian Law
- The International Code of Conduct for Private Security Providers
- The ICRC Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law
- Geneva Call's Deeds of Commitment
- 6. The Benefits of Soft Law in International Humanitarian Law: Why the Turn to Non-Binding Instruments and Mechanisms?
- The Benefits of Non-Binding Instruments in International Law: Theory and Practice
- The Benefits of Non-Binding Norms in International Humanitarian Law: Theory and Practice
- Non-Binding Norms in Binding Instruments-Why Were They Adopted?
- Expert Group and Civil Society Non-Binding Instruments-Why Were They Adopted?
- 7. The Efficacy of Soft Law Norms
- Preliminary Requirements: Defining and Determining Efficacy
- A Note on the Methodology for This Chapter
- Non-Binding Norms in Binding Instruments
- Non-Binding Instruments
- 8. Legitimacy and Legality and Non-Binding Instruments in International Humanitarian Law
- Legitimacy, Legality, and Non-Binding Norms.
- Defining Legitimacy: Theories of Legitimacy in International Law
- The Relevance of Legitimacy to Non-Binding Norms
- Defining Legality
- The Legality of Non-Binding Norms
- 9. The Impact of the Turn towards the Non-Binding in International Humanitarian Law and the Way Forward for Non-Binding Norms in International Humanitarian Law
- Exploring the Effect of the Turn to Non-Binding Instruments in International Humanitarian Law: The Impact on Formal Law-Making
- Non-Binding Norms and Accountability, Transparency, and Bias
- Bibliography
- Index.
- Notes:
- This edition also issued in print: 2021.
- Includes bibliographical references and index.
- Description based on print version record.
- ISBN:
- 0-19-255177-9
- 0-19-255176-0
- 0-19-186011-5
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