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This paper addresses the history of the legality of the aerial bombardment of civilians, from the earliest attempts at legalization, through the inter-war period and into the actual bombing campaigns of the Second World War. We then chart the paucity of discussion of the legality of said bombing both during the war and throughout the Cold War, and finish with the occasional interruptions to the legal silence since 1992 in Canada and elsewhere.
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In popular culture and imagination, World War I was a bloody, muddy, senseless, almost accidental conflict. International law seems far removed from the causes of the war or the way hostilities were conducted. This seeming irrelevance of international law in popular imagination is rejected in intellectual, literary, and scholarly accounts. However, during the centenary of the war, it is time to rethink the role law played in this first large-scale conflict of the twentieth century. Drawing on recent legal historiography as well as original research, this article will argue, through a look at the conduct of naval warfare, that law was central to how Allied, Central, and neutral states navigated the conflict. Specifically, we examine the role law played in the practices of the warring parties in navigating the interdiction of – and attacks on – the civilian shipping of belligerents and neutrals.
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At the turn of this century, the editors of a special issue of the journal International Organization suggested that a greater ‘move to law’ was occurring and that a trend towards the ‘legalization of world politics’ was taking place.1 While this view was contemporaneously criticised as presenting a simplistic conception of law, one which failed to adequately account for the dynamic interaction between norms and policies and between legal and political actors,2 the basic insight that international law and politics intersected seemed undeniable. The 2003 Iraq invasion shook this view. Realists (and ‘neo-cons’ who thought of themselves as realists) were quick to point out that hard power was back – if indeed it had ever gone – and that any ‘liberal moment’ that had emerged in the 1990s (evidenced by robust collective action through the Security Council and the creation of the International Criminal Court, among other things) had ended.3 Many legal scholars perceived a ‘crisis in confidence’ for international law. Some responded to this ‘crisis’ by suggesting that international law reorient itself to new threats and new realities, chipping away for example at the 1945 United Nations (UN) Charter framework that restricted the use of force to narrow exceptions.4
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"Adjudicating International Human Rights" published on 01 Jan 2015 by Brill | Nijhoff.
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On 7 August 2008, long-standing tensions in the Caucasus region came to a head when President Mikheil Saakashvili of Georgia ordered troops into the de facto independent region of South Ossetia with a view to reestablishing Georgian sovereignty. This intervention, which included the shelling and occupation of the South Ossetian capital, Tskhinvali, was the culmination of a number of more minor military exchanges over the proceeding months. South Ossetia’s sponsor, the Russian Federation, responded swiftly to the Georgian action, with a large-scale military intervention into the state of Georgia. This use of force ultimately went beyond the boundaries of the South Ossetia region, both into the comparable breakaway region of Abkhazia and further into ‘Georgia proper’.
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This chapter will focus on the protection of housing and property rights of refugees and internally displaced persons (IDPs) in Georgia.1 Georgia suffered two ethnic conflicts shortly following its declaration of independence from the Soviet Union in 1991 — one in Abkhazia in western Georgia and one in South Ossetia on the Russian border. Both conflicts produced large numbers of displaced persons and left the regions administered by secessionist governments; however this chapter will focus mainly on the South Ossetian context.
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The approach of both domestic Georgian authorities and international organisations to solving the displacement crisis created by the 2008 Russia–Georgia conflict charted a new path.1 It was radically different than approaches taken in the early 1990s when Georgia was faced with mass displacements following the secessionist conflicts in South Ossetia and Abkhazia. In particular, the expectation that a prompt return to homes of origin would be the preferred durable solution to the displacement was quickly abandoned for a sizeable number of internally displaced persons (IDPs) forced to leave their homes during the 2008 conflict. In its place, the two other theoretically accepted – but much less widely used – durable solutions to displacement (local integration and resettlement) have been embraced with unprecedented speed and vigour, with both funding and logistical support in place to implement such plans.
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The first volume of the Canadian Bar Review (CBR) was published in 1923. In commemoration of the centenary of the CBR, this article briefly reflects on the journal’s history. In doing so, we highlight the CBR’s seminal role as a meeting place for scholarship, practice and legal traditions in Canada.
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