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Lebow R: Why Nations Still Fight

Why Nations Still Fight

War, Conflict and Ethics

This book argues for reform of the convention that, when politicians decide on a course of action, the general in supreme command obeys without question.The entire spread¿out chain of command is unified in the general, who offers the only connection between the military and politics. Offering the sole connection between the military and politics, only the general can turn political directions into military command and capacitate war. Thus, the general has unique opportunity to resist unconscionable direction to launch an unjust war or to conduct or expand war unjustly. This book argues for reform, so the general has the right in law to refuse direction which is lawful, but awful. The legal capacity to refuse would mean the general would be expected to act responsibly, not merely as the unresisting pawn of politics. Such reform, creating legal opportunity for the supreme command to refuse lawful but unconscionable directives, might avert unjust war.This book will be of much interest to students of the ethics of war, civil¿military relations, and international relations.

Law Reform and Averting Unjust War

Politics and the General in Supreme Command

The law codes in the Middle East North Africa (MENA) region are a well-crafted blend of civil and Islamic law in which civil law principles do not violate Islamic provisions. Yet, common law principles derived either from English common law or Islamic customary usages remain unidentified and thus ignored. Here, this complex scenario is rectified through a comparative analysis of the primary data (e.g. cases, statutes and arbitral award decisions), adding common law and uncodified Islamic custom to MENA law codes. The purpose of this comparative analysis is to allow common legal principles found in civil, common and Islamic law to be distilled in order to create a new, harmonised international commercial arbitration law code (HICALC) or uniform Arab arbitration law (UAAL) for adoption in the MENA region, where these principles already greatly influence the legal systems and can be readily assimilated into a harmonised or uniform code. The work demonstrates that this new code would lead to improved arbitral award enforcement in the MENA.

The law codes in the Middle East North Africa (MENA) region are a well-crafted blend of civil and Islamic law in which civil law principles do not violate Islamic provisions. Yet, common law principles derived either from English common law or Islamic customary usages remain unidentified and thus ignored. Here, this complex scenario is rectified through a comparative analysis of the primary data (e.g. cases, statutes and arbitral award decisions), adding common law and uncodified Islamic custom to MENA law codes. The purpose of this comparative analysis is to allow common legal principles found in civil, common and Islamic law to be distilled in order to create a new, harmonised international commercial arbitration law code (HICALC) or uniform Arab arbitration law (UAAL) for adoption in the MENA region, where these principles already greatly influence the legal systems and can be readily assimilated into a harmonised or uniform code. The work demonstrates that this new code would leadto improved arbitral award enforcement in the MENA.

A Model Harmonised International Arbitration Law Code for the Middle East and North Africa

Tripura-Bangladesh Border

Trans-Border Transactions in North East India

The book offers a critical and comprehensive examination of the concept of NIAC, including its normative foundations, threshold of activation, and corresponding personal, geographical, and temporal scope of applicability under International Humanitarian Law. It identifies and critically examines some of the most controversial aspects of modern NIACs, including notions of a 'global battlefield' and 'forever war' and provides practical guidance on identifying NIACs in real time. It is essential reading for international law academics, students and practitioners. This title is part of the Flip it Open Programme and may also be available open access. Check our website Cambridge Core for details.

International Law and Practice

Identifying Non-International Armed Conflict

This book explores the impact of the bombing of civilians during the Spanish Civil War. The Civil War has long been recognized as bringing together the political, social and other elements key to understanding the 1930s in Europe and later, the Second World War. It was a conflict involving fascism, communism, anarchism and other movements of the day, and led to a dictatorship that kept Spain separate from the rest of Europe until the late 1970s. Recent scholarship on the Civil War has focused on the deaths of 200,000 civilians in the conflict, largely as a result of executions, a number that equals and perhaps surpasses the number of those killed in battle. This effectively recasts the conflict as one that is better thought of as a systematic attack against civilians, rather than as a traditional military conflict. What is missing from this new understanding of the Civil War is an analysis of the impact of bombing. The infamous bombing of civilians in the Basque town of Guernica is widely known but, in reality, the bombardment of civilians was a regular feature of the conflict, including in both Madrid and Barcelona. This book therefore provides a study of the war against civilians from the air, civilian responses to these attacks, and the contemporary memory of this part of the Civil War.

This book explores the impact of the bombing of civilians during the Spanish Civil War. The Civil War has long been recognized as bringing together the political, social and other elements key to understanding the 1930s in Europe and later, the Second World War. It was a conflict involving fascism, communism, anarchism and other movements of the day, and led to a dictatorship that kept Spain separate from the rest of Europe until the late 1970s. Recent scholarship on the Civil War has focused on the deaths of 200,000 civilians in the conflict, largely as a result of executions, a number that equals and perhaps surpasses the number of those killed in battle. This effectively recasts the conflict as one that is better thought of as a systematic attack against civilians, rather than as a traditional military conflict. What is missing from this new understanding of the Civil War is an analysis of the impact of bombing. The infamous bombing of civilians in the Basque town of Guernica is widely known but, in reality, the bombardment of civilians was a regular feature of the conflict, including in both Madrid and Barcelona. This book therefore provides a study of the war against civilians from the air, civilian responses to these attacks, and the contemporary memory of this part of the Civil War.

Bombs Along the Mediterranean

Civilian Bombing and Civil Defence in the Spanish Civil War

Routledge Studies in Cultural Heritage and International Law

The world has been shocked by the destruction of world cultural heritage sites over the past two decades, as seen in widely disseminated videos depicting events such as the demolition of the Buddhas of Bamiyan and the ancient Syrian city of Palmyra. These acts are perhaps the clearest and most glaring examples of what is meant by the 'Intentional Destruction of the Cultural Heritage of Humankind' (IDCHH).The book explores in detail the remedies against IDCHH available under international law. These remedies are defined as all the lawful responses provided for both by customary law and by the special responsibility regimes created under the many substantive areas of international law. The examination includes UNESCO instruments and UN measures for the maintenance of international peace, mechanisms for the protection of human rights and those for the protection of investments, and international criminal justice outcomes through the decisions of the Permanent Criminal Court. Thus, the book explores avenues for response such as appeals to international courts, peacekeeping operations and referrals to the criminal legislation of States, in addition to reparations. The concept of the Cultural Heritage of Humankind implies that IDCHH harms all States and all peoples and human groupings in the world, not only the State or people on whose territory the cultural property is located. The book identifies the international law avenues for subjects not directly injured by IDCHH to obtain its cessation and reparation. This book is essential reading for students, academics and practitioners exploring international law and the destruction of cultural heritage.

A Research Companion

Intentional Destruction of Cultural Heritage and the Law

A Friendly Guide to an Unfriendly World

How to Win a Trade War

Studies in International Law

This book argues that the pursuit of universal norms remains a worthwhile endeavour for the international legal discipline. It does this while also engaging with the very active imperialist critique of such norms. The study has 4 aims; firstly to illustrate the role that the idea and debate around norms have in developing international law, and secondly to address the philosophical concerns around identifying such norms. It moves on to explore whether a legal/practical instantiation of the universal can be done without taking a particular position/perspective. And finally, it turns to the impact the universal has on the development of international human rights law. Public international law, human rights and legal philosophy scholars will welcome this original theoretical-philosophical perspective on an enduring debate in the field of international law.

International Law and the Pursuit of Universal Norms

Routledge Research on Korea

This book explores South Korea's experience as an aid recipient, as an aid donor, and as an inter¿Korea aid provider.Analysing case studies of international aid both received and dispensed by South Korea, from the end of the Korean War until the present day, this collection provides a novel lens through which to explore South Korea's development pathway. While it examines the cases of Italian and German aid to South Korea during its early economic development period, this volume also delineates South Korea's international aid in the health and gender sectors. It also discusses the South Korean experience of providing aid to the Mekong region and North Korea. The latter specifically analyses whether this policy represents international altruism or reveals a novel method of international validation for South Korea over its neighbour.Featuring an exploration of South Korea's development on the international stage through the lens of aid, this book will appeal to both students and scholars in the fields of Korean studies, East Asian studies, and Asia Pacific studies, as well as in the disciplines of Development Studies and International Relations and Political Economy, particularly that of aid policies and practices.

Experience from Recipient to Donor

International Aid and South Korea

This open access book explores the political utility and consequences of memory laws with a focus on how militant memory laws frame, underpin and generate international conflicts. Proceeding from Russia's ongoing aggression against Ukraine, this examination plots how memory laws have preceded, partially led to, and encouraged the outbreak of the war itself via Russian propaganda. It also offers a broader perspective looking at developments in the Baltic States, Belarus, Finland, Germany, Hungary, and Poland, as well as in European (Council of Europe and European Union) law. Bringing together scholars with diverse perspectives, this book provides both analysis and conceptual reflection for scholars assessing the politics of memory laws. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open Access was funded by the University of Copenhagen.

Russia, Ukraine and Beyond

The Politics of Memory Laws

Crypto Degenerates and the Rise of the Global Casino Economy

The American Meme

Just Security

Nearly a quarter century after the September 11, 2001 attacks, the U.S.-led war on terror remains a defining force shaping international law, human rights, and global security. While major combat operations in Afghanistan and Iraq have formally ended, the long-anticipated shift from a war paradigm to a law enforcement approach has yet to materialize. Instead, U.S. and allied counterterrorism activities persist worldwide, raising urgent questions about the role of law in enabling and sustaining armed conflict. 

Perpetual War and International Law brings together leading experts to confront the enduring legacies of the post-9/11 era and explore viable alternatives to the use of force. The volume traces how legal and policy frameworks have served to legitimize military action, eroding the boundary between war and peace. Contributors challenge prevailing interpretations of international law in an age of endless war and unconventional threats. 

Drawing on insights from law, ethics, and security studies, the volume critically examines how legal and normative precedents established during the war on terror continue to shape contemporary conflicts. It offers bold pathways for shifting from a global order rooted in force to one grounded in restraint and the rule of law. Perpetual War and International Law is a vital intervention, inviting readers to reimagine how international law can constrain violence in an increasingly conflict-ridden world. 

The Just Security book series from OUP tackles contemporary problems in international law and security that are of interest to a global community of scholars, policymakers, practitioners, and students. With each volume taking a particular thematic focus and gathering leading experts, the series as a whole aims to rigorously and critically reflect on developments in these areas of law, policy, and practice. Each volume will be accompanied by a series of shorter digital pieces in Just Security's online forum at www.justsecurity.org, which tie the discussion to breaking news and headlines.

Enduring Legacies of the War on Terror

Perpetual War and International Law

Why Nations Still Fight

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