Kenneth Watkin

Fighting at the Legal Boundaries

Controlling the Use of Force in Contemporary Conflict

• Gebundenes Buch

Produktbeschreibung

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 interactwith one another. Through a number of case studies, Fighting at the Legal Boundaries explores how the threat posed by insurgents, terrorists, and transnational criminal gangs often occurs not only at the point where these bodies of law interact, but also in situations where there is significantoverlap.

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Produktdetails

• Verlag: Hurst & Co.
• Seitenzahl: 728
• Erscheinungstermin: 31. Mai 2016
• Englisch
• Abmessung: 236mm x 157mm x 51mm
• Gewicht: 1139g
• ISBN-13: 9780190457976
• ISBN-10: 019045797X
• Artikelnr.: 47864539

Autorenporträt

Brigadier General (Retired) Kenneth Watkin was a career military legal adviser to the Canadian Forces, who has served in a number of operational, military justice, and general legal advisory positions, most recently as Judge Advocate General for the Canadian Forces. He is widely respected as a scholar of IHL and national security law, with dozens of articles in the field. He won the 2008 Lieber Society Military Prize for his AJIL article, Assessing Proportionality: Moral Complexity and Legal Rules, and served as the Charles H. Stockton Professor of International Law at the U.S. Naval War College from 2011-2012.

Inhaltsangabe

Table of Cases
Abbreviations
PART I: INTRODUCTION
1. An Outline of the Challenges
PART II: THE INTERACTION BETWEEN NORMATIVE FRAMEWORKS
2. Controlling State Involvement in Conflict
3. Applying the Self-Defense Principles During Armed Conflict
4. States, "Proper Authority", and Conflict
5. The Humanitarian and Human Rights Law Interface
PART II: THE THREAT, THE STATE RESPONSE AND LEGAL UNCERTAINTY
6. Contemporary Threats: Insurgency and Terrorism
7. Counterinsurgency and Converging Norms
8. Counterterrorism and the "Away Game"
9. Non-State Actors and Armed Conflict
10. Self-Defense and the Protection of Nationals
PART IV: APPLYING FORCE ACROSS THE CONFLICT SPECTRUM
11. Law Enforcement and "Self-Defense"
12. The Narrow Operational and Normative Gap
13. The Limits of Law Enforcement
PART V: THE WAY AHEAD
14. A Holistic Solution
15. Preparing for 21st Century Warfare
Appendix 1: Confronting Transnational Violence: A Holistic Approach
Bibliography
Index