This first book-length treatment of the law of international humanitarian relief in non-international armed conflicts examines the rights and duties of fighting parties and international humanitarian ...relief actors and provides practical guidance for frontline humanitarian negotiators and legal professionals.
Through the lens of relational governance, Global Governance, Conflict and China develops a new theory on the relational normativity of international law (TORINIL) that sheds a unique perspective on ...China's international normative behaviour in the realm of conflict resolution.
A three-part investigation on the origins and evolving roles that Islamic law and international humanitarian law have played in regulating conflict and violence, War and Law in the Islamic World ...brings to light legal and policy complexities that plague modern-day armed conflict in the region.
Armed conflict, today, has diverged from war as it was known in generations past, and from this, has tested the means by which conflicts and violence are regulated. Written with an eye to a region ...plagued by such conflicts, War and Law in the Islamic World examines the origins and roles that two distinct systems of governance – Islamic law and international humanitarian law – have played in conflicts past and present. Meant equally for the scholar or student, this book presents the legal and policy complexities of today’s conflicts in a new light through its careful and well-researched investigation of the past and the present.
China's establishment of its Air Defence Identification Zone (ADIZ) is yet another manifestation on the strenuous development of regional security in East Asia. China by virtue of its so-called ...lawfare has instrumentalized international air law, the law of the sea, and law on the use force to reinforce its comprehensive security doctrine both on the military as well as economic front. Accordingly, China has advanced is sovereign interests through each of these branches of international law when extending its domestic laws in airspace above its Exclusive Economic Zone (EEZ), affirming its sovereignty over the disputed islands and being prepared to respond to imminent threats. Conversely, opponents of the zone have equally exploited those normative frameworks to defend their geopolitical and strategic interests in East Asia under the veil of the communitarian freedoms of overflight.
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Abstract
During non-international armed conflicts, fighting parties have repeatedly denied international humanitarian relief to the civilian population under their territorial control leaving them at ...the brink of starvation. Debates on criminal accountability for violating the prohibition of the use of starvation against the civilian population as a method of warfare have yet to address the question of ownership of the right to consent to offers of international humanitarian relief before criminalising their denial. In respect of such right to consent at the strategic level, there are divergent interpretations on the application of the principle of symmetrical rights and obligations of fighting parties in the realm of international humanitarian relief. Humanitarian and state-centric perspectives, respectively, grant or deny non-state armed groups an independent right to consent to offers of international humanitarian relief. The humanitarian perspective argues that the asymmetry of such right in favour of the government party to the conflict and at the expense of the non-state armed groups is no longer justified, especially when the right of control at the operational level (after an offer has been accepted) is equally bestowed upon all parties to the conflict. The state-centric perspective defends the exclusive right of the government party to the conflict and fears that an equal right to strategic consent for non-state armed groups would increase their legitimacy. This study argues that neutrality upheld by international humanitarian relief actors, including impartial humanitarian bodies, such as the ICRC, and the Security Council gives rise to an interdependent exercise of the right to strategic consent by all fighting parties instead.
Abstract
Traditionally, institutional constraints informed the International Court of Justice’s ascertainment of the (non-) existence of customary norms in its decisions as it signals impartiality to ...uphold its legitimacy. Its reliance on (non-)legal elements underpinning the sources of the normativity of existing and future customary norms upon which it rules goes beyond the mutual acceptance of treaties and customs by the conflicting parties as well as shared (nascent) moral values of the international community. Its denial of the application of customary international law based on functional and equitable arguments gives further evidence of the Court’s relational and contextual approach towards the peaceful resolution of disputes. In addition to its rule-based governance function, the Court is actively pursuing relational governance. It seeks to reconcile competing relationships and interests inside and outside the courtroom and anticipates if a fertile soil is present in which existing and future customary norms can gain root.
Abstract
The edited volume under discussion aims to shed light on China's international investment strategy along the bilateral, regional and global prong. In doing so, the contributors have sought ...to answer whether China is a rule-shaper or rule-breaker of international investment norms and whether it will be further liberalizing its domestic market for foreign investment. Despite their comprehensive analysis of individual subject areas where tensions arise between China investment practice at home and overseas and international standards, the reasons for China's contradictory normative conduct in its various investment relationships remain underexplored. This article calls for a reconceptualization of the sources from which international investment law derives its binding force, namely based on relational normativity. This approach can transcend anxieties about China's past, present, and future investment strategies and strengthen the normativity of the international rule of law with one of the world's most prominent economic players instead.
The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It ...examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. Volume 7 of the Yearbook covers a wide range of topics, which have been organized along four central themes: Human Rights Protection and Erosion during the (Post-) COVID-19 Pandemic; Economic, Social and Environmental Rights Contestation and Evolution; Human Rights Protection of Vulnerable Persons; and Human Rights and Democratic Values under Threat.
Governing contemporary warfare is deeply rooted in the shift since the end of the Cold War towards humanitarianism, whose practice has been accompanied by the parallel evolution of international laws ...that regulate the use of force (jus ad bellum), the conduct of hostilities (jus in bello), and post-conflict justice (jus post bellum). Yet, new unequal obligations on behalf of the territorial state faced with proxy warfare internally and foreign intervention externally have challenged the core role of such governance, and led to further erosion of the normativity of those rules in the theatres of conflict. As a result, this rule-based approach to government falls short of restoring the actual relationships and human ties between the warring parties. The undesired outcome of such humanitarian ambitions can be mediated through relational governance, as espoused by Yaqing Qin, one of China’s leading international relations scholars, which is founded in a Chinese epistemological and relation-focused framework. Its tools and methods stress the importance of trust and harmonization of relationships, in order for the international laws governing warfare to regain their normativity based on such relationality; without a fertile soil, evolving norms may not gain root and compliance with those norms cannot be fostered in the first place.
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