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Vol 21 No 11 Nov/Dec 2016

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The Liberal Way of War: Legal Perspectives (eBook)

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Edited by: Robert P. Barnidge Jr

ISBN13: 9781317025740
Published: September 2013
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: eBook (ePub)
Price: £79.17 + £15.83 VAT
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Examining some of the huge challenges that liberal States faced in the decade after 11 September 2001, the chapters in this book address three aspects of the impact of more than a decade of military action.

This book begins by considering four different expressions of universalist moral aspirations, including the prohibition of torture, and discusses migration and 'responsibility to protect,' as well as the United Nations Human Rights Committee's Concluding Observations about security and liberty in the last decade. International humanitarian law and the problems posed by the territorial character of war and the effects of new technologies and child soldiers are also analysed.

Finally, Islamic law and its interface with international law is considered from a new perspective, and contributions in this final part offer a different way of thinking about an authentically Islamic modernisation that would be compatible with Western models of political order. With contributions from international lawyers from diverse backgrounds, this book fills an important gap in the literature on the themes of international human rights law, international humanitarian law and Islamic law.

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Subjects:
Public International Law, eBooks
Contents:
Foreword, Alan Cromartie
Introduction, Robert Barnidge

Part I Applying International Human Rights Law:
How has the prohibition of torture survived 11 September 2001?, Malcolm D. Evans
The 'global dance' of humanity and legality: terror, migration and human rights, Colin Harvey
The responsibility to protect: lessons from Libya and Syria, J. Craig Barker
The United Nations Human Rights Committee and counter-terrorism measures of states parties to the International Covenant on Civil and political Rights after 11 September 2001, Sandy Ghandhi.
Introduction, Robert Barnidge

Part II International Humanitarian Law and Today's 'New Wars':
Civilian casualties and drone attacks: issues in international humanitarian law, Susan Breau
The 'new wars' of children or on children? International humanitarian law and the 'underaged combatant', Noelle Quenivet
Spatial conceptions of the law of armed conflict, Louise Arimatsu
An assessment of cyber warfare issues in light of international humanitarian law, Kalliopi Chainoglou.
Introduction, Robert Barnidge

Part III Islamic Law and Its Interface with International law:
The Islamic law of Qital and the law of armed conflict: a comparison, Niaz A. Shah
Islam as a religion of peace: an articulated reply to terrorism, Anisseh (Anicee) Van Engeland
Islamic law after the Arab Spring: the challenges of Islamism and modernity, John Strawson
Afterword: A Liberal Way to War? International Law and Two Centuries of 'Benevolent Aggression', David Turns

Index.