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Casey-Maslen Stuart: Hybrid Warfare
Under International Law

Hybrid Warfare Under International Law

This book brings to light a neglected program of cosmopolitan normativity in international law - innate cosmopolitanism. Whilst liberal cosmopolitanism is organized around the abstract individual, and constitutional cosmopolitanism is organized around the achievement of a formal arrangement, innate cosmopolitanism, is organized around a naturally-occurring collective whole: comprising all of humanity at any point in time, and understood as a historical phenomenon capable of exhibiting a will, interests or ends of its own. As such, innate cosmopolitanism is, he argues, is the leitmotif of international law. The book thus brings to light an ill-appreciated stream of cosmopolitan normativity in international law, and subject it to critique.

This book brings to light a neglected program of cosmopolitan normativity in international law – innate cosmopolitanism – that holds special significance in this time of competing efforts to define and direct an expanding global public order. Beginning from an intentionally broad use of the term cosmopolitan, derived from etymological roots in the cosmo-polis, Geoff Gordon draws out the main streams of thought associated with cosmopolitanism over time in discourses of international law and politics. The two best-recognized are liberal cosmopolitanism and constitutional cosmopolitanism. And, In addition to these, he introduces a third: innate cosmopolitanism. Whilst liberal cosmopolitanism is organized around the abstract individual, and constitutional cosmopolitanism is organized around the achievement of a formal arrangement, innate cosmopolitanism, is organized around a naturally-occurring collective whole: comprising all of humanity at any point in time, and understood as a historical phenomenon capable of exhibiting a will, interests or ends of its own. As such, innate cosmopolitanism is more central to the historical narrative of international law than either liberal or constitutional cosmopolitanism. It is, he argues, is the leitmotif of international law. Clarifying, consolidating – and critiquing – cosmopolitan thought, the book thus brings to light an ill-appreciated stream of cosmopolitan normativity in international law, and subject it to critique. It will be of huge interest to specialists and students of international law and politics, and especially those concerned with ideas and theories of global order or international society.

The immanent collective in international law

Innate Cosmopolitanism

The rise in the use of private prosecution is of increasing importance to criminal practitioners as well as civil litigators and commercial practitioners. This book sets out the history of private prosecutions, the statutory bases and the practical issues involved in bringing and conducting a private prosecution. The step-by-step approach begins with the laying of the information and the subsequent issuing of the summons, followed by the investigation process and the gathering of evidence through to the trial process and procedure itself. In addition the work includes the important related aspects of disclosure, costs and confiscation. Extensive use of case law and reference to related literature and statutes, as well as the inclusion of precedents, ensures a comprehensive single source for both the less experienced practitioner taking their first steps into private prosecutions and for the more experienced practitioner as a handy reference source for court.

The rise in the use of private prosecution is of increasing importance to criminal practitioners as well as civil litigators and commercial practitioners. This book sets out the history of private prosecutions, the statutory bases and the practical issues involved in bringing and conducting a private prosecution. The step-by-step approach begins with the laying of the information and the subsequent issuing of the summons, followed by the investigation process and the gathering of evidence through to the trial process and procedure itself. In addition the work includes the important related aspects of disclosure, costs and confiscation. Extensive use of case law and reference to related literature and statutes, as well as the inclusion of precedents, ensures a comprehensive single source for both the less experienced practitioner taking their first steps into private prosecutions and for the more experienced practitioner as a handy reference source for court.

The Law and Practice of Private Prosecutions

Indigenous Peoples and the Law

Human Rights, the Rule of Law and Exploitation in the Postcolony: Blood Minerals examines how the legal frameworks of the global economy position the inhabitants of the postcolonial south in a legal and moral position that facilitates economic exploitation, juridical regulation, and dominion over land and resources. Drawing on several exemplary situations - from Africa (the DRC and Nigeria), Asia (India), the Pacific region (Papua New Guinea and Australia) and South America (Ecuador) - Blood Minerals describes how colonial rule operates in a violent and destructive cycle of mineral extraction. It shows how the populations of the postcolonial global south are stripped of juridical personality and become persona nullius, as the legal-economic frameworks of globalization enact colonial rule by declaring the lands that are to be exploited as void of law.

Human Rights, the Rule of Law and Exploitation in the Postcolony: Blood Minerals examines how the legal frameworks of the global economy position the inhabitants of the postcolonial south in a legal and moral position that facilitates economic exploitation, juridical regulation, and dominion over land and resources. The colonial moment witnessed the expropriation of lands through their declaration as terra nullius and the designation of the people inhabiting them as persona nullius. Drawing on several exemplary situations – from Africa (the DRC and Nigeria), Asia (India), the Pacific region (Papua New Guinea and Australia) and South America (Ecuador) – Blood Minerals describes how colonial rule operates in a violent and destructive cycle of mineral extraction. It shows how the populations of the postcolonial global south are stripped of juridical personality and become persona nullius, as the legal-economic frameworks of globalization enact colonial rule by declaring the lands that are to be exploited as void of law. It is the revival of this colonial trope in the so-called postcolony, the book argues, that legitimates the violent dispossession, displacement, and even the obliteration, of its inhabitants.

Blood Minerals

Human Rights, the Rule of Law and Exploitation in the Postcolony

Great Debates in Law

Great Debates in International Law

This book offers an introduction to crime and social policy with a focus on inequality. It explores the relationship between material circumstance and crime and offers explanations for why inequality is often linked to offending behaviour.

This book offers an introduction to crime and social policy with a focus on inequality. It explores the relationship between material circumstance and crime and offers explanations for why inequality is often linked to offending behaviour.

Crime and Inequality

Studies in Private International Law

This book examines the convergences, divergences and reciprocal lessons that the BRICS countries (Brazil, Russia, India, China and South Africa) share with one another in developing the principles of private international law. The chapters provide a thematic understanding of the cornerstones of private international law in each of the BRICS countries: namely, (1) the procedure to initiate claims in civil and commercial matters, (2) the law that would govern such matters in litigation and arbitration, as well as (3) the mechanism to recognise and enforce foreign judgments and arbitral awards. Written by leading private international law scholars and practitioners, the chapters draw on domestic legislation and its interpretation through cases decided by the courts in each of these emerging economies, and explicitly cover the rules applicable in contractual and non-contractual concerns and issues of choice of court agreements. Issues around marriage, divorce, matrimonial property, succession and surrogacy are also addressed, considering the implication of such aspects through the increased movement of persons. The book is a useful comparative resource for the governments of the BRICS countries, legislators, traders, academics, researchers and students looking for an in-depth discussion of the reciprocal lessons that these countries may have to offer one another on these issues.

Convergence, Divergence and Reciprocal Lessons

Private International Law in BRICS

This book offers a broad and systematic introduction to the study of miscarriages of justice by defining them and examining the dimensions, forms, and scale of the problem. The work examines the causes in detail with reference to key cases while also exploring official and unofficial responses. The book's discussion of how specific cases and campaigns have acted as drivers for change in relation to policy, practice and legislation aims to minimize future miscarriages of justice. The final chapters of the book apply a comparative approach, comparing the experiences of England and Wales to those of the United States, Canada, Australia and New Zealand and France.

Miscarriages of justice and their causes are an endemic part of criminal justice systems the world over. This book offers a broad and systematic introduction to the study of miscarriages of justice by defining them and examining the dimensions, forms, and scale of the problem. The work examines the causes in detail with reference to key cases while also exploring official and unofficial responses. It presents an evaluation of varied perspectives on recognising and rectifying miscarriages of justice, and considers debates concerning Innocence projects, family campaigns and technical fault in the justice process versus innocence as desirable mechanisms for scrutinising justice flaws. The book’s discussion of how specific cases and campaigns have acted as drivers for change in relation to policy, practice and legislation aims to minimize future miscarriages of justice. The final chapters of the book apply a comparative approach, comparing the experiences of England and Wales to those of the United States, Canada, Australia and New Zealand and France, thus providing an international perspective on the subject.This book will be an essential reference for students, researchers, practitioners and policy-makers working in the area of criminal justice.

Miscarriages of Justice in Contemporary Context

This book offers a methodology for the identification of unknown pistols as well as ammunition of questioned identity. The author explains the terminology and describes each group of pistols and the aspects that identify the weaponry, including property marks, proof marks, and patent dates. Fully illustrated with over 160 photos, this comprehensive reference includes case studies that support the text, making it a premier reference for those responsible for the complicated task of investigating pistols and cartridges.

This book offers a methodology for the identification of unknown pistols as well as ammunition of questioned identity. The author explains the terminology and describes each group of pistols and the aspects that identify the weaponry, including property marks, proof marks, and patent dates. Fully illustrated with over 160 photos, this comprehensive reference includes case studies that support the text, making it a premier reference for those responsible for the complicated task of investigating pistols and cartridges.

Forensic Aspects of Handguns and Pistols

Improved usage of forensic science evidence by legal practitioners is essential to reduce miscarriages of justice. This book presents critical insights into contemporary issues of forensic proof from a broad perspective. Using DNA and fingerprint evidence, the authors compare and contrast the science of forensics and how it is communicated to judges, juries, and counsel. With authors from Australia, the UK, and the U.S., the book also addresses how these different countries address science in the courtroom. This resource is ideal for all those who work in forensic capacities, including those scientists who increasingly are called to testify abroad.

Improved usage of forensic science evidence by legal practitioners is essential to reduce miscarriages of justice. This book presents critical insights into contemporary issues of forensic proof from a broad perspective. Using DNA and fingerprint evidence, the authors compare and contrast the science of forensics and how it is communicated to judges, juries, and counsel. With authors from Australia, the UK, and the U.S., the book also addresses how these different countries address science in the courtroom. This resource is ideal for all those who work in forensic capacities, including those scientists who increasingly are called to testify abroad.

Best Practices for Law

Forensic Science Evidence

This book examines intermediate appellate courts by using the Irish Court of Appeal as a case study. The operation and contribution of intermediate appellate courts are often overlooked in legal scholarship, which tends to focus on apex courts, most frequently national supreme courts. However, intermediate appellate courts perform a series of vital functions, including error prevention, the development of doctrine, and ensuring that apex courts are free to concentrate on issues of exceptional public importance. The significance of intermediate appellate courts has increased in recent decades in tandem with an increase in the volume and complexity of litigation in many countries. The Irish Court of Appeal was established in 2014 and this enables a number of dimensions of non-apex courts to be examined, including the rationales for, and challenges of, inserting such a court into an existing and well-established legal system. Institutional aspects of the court such as the appointment and promotion of its judges and its rules on dissent are analysed. The process of 'setting up court' is described. In addition, its contribution to some areas of substantive law over the first 10 years of its operation is evaluated. Interviews with judges who have served on the Court enrich the book's account of its operation and development. In addition, comparative perspectives from Northern Ireland and England and Wales enhance the analysis of an integral part of many legal systems.

The First Decade of an Intermediate Appellate Court

The Irish Court of Appeal

Melland Schill Perspectives on International Law

International Organisations, Non-State Actors, and the Formation of Customary International Law

This is a treatise and commentary on French arbitration law including the updates brought in by the 2011 Decree. It follows the logical structure of the new decree itself, providing detailed analysis of both domestic and international arbitration law conducted under French arbitral procedure.

This is a treatise and commentary on French arbitration law including the updates brought in by the 2011 Decree. It follows the logical structure of the new decree itself, providing detailed analysis of both domestic and international arbitration law conducted under French arbitral procedure.

Law and Practice

Arbitration in France

Hybrid Warfare Under International Law

Bibliografische Angaben

Schlagworte

Bibliografische Angaben

Schlagworte

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