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Vol 21 No 10 Oct/Nov 2016

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Essays on Law and War at the Fault Lines

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ISBN13: 9789067049641
Published: March 2014
Publisher: T.M.C. Asser Press
Country of Publication: The Netherlands
Format: Paperback
Price: £153.00



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This collection of essays by Professor Michael N. Schmitt of Durham University draws together those of his articles published over the past two decades that have explored particular fault lines in the law of armed conflict. As such, they examine the complex interplay between warfare and law, seeking to identify where the law and warfare appear to diverge, and where such apparent divergence can be accommodated through contextual interpretation of the law. Each essay examines a particular issue in either the jus ad bellum (the law governing resort to force) or jus in bello (international humanitarian law) that has proven contentious in terms of applying extant norms to the evolving face of armed conflict. Among the topics addressed are counter-terrorism, cyber operations, asymmetrical warfare, assassination, environmental warfare and the participation of civilians in hostilities.

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Subjects:
Public International Law
Contents:
Computer Network Attack and Use of Force in International Law: Thoughts on a Normative Framework
Responding to Transnational Terrorism under the Jus ad Bellum: A Normative Framework
Military Necessity and Humanity in International Humanitarian Law: Preserving the Delicate Balance
The Principle of Discrimination in 21st Century Warfare
Fault Lines in the Law of Attack
Aerial Blockades in Historical, Legal, and Practical Perspective
State Sponsored Assassination in International and Domestic Law
Green War: An Assessment of the Environmental Law of International Armed Conflict
Wired Warfare: Computer Network Attack and International Law
The Interpretive Guidance on the Notion of Direct Participation in Hostilities: A Critical Analysis
Human Shields in International Humanitarian Law
Investigating Violations of International Law in Armed Conflict.