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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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"The book delivers a comprehensive overview of the foundational concepts, principles, sources, and institutions of the international legal system and how they are experienced and practiced domestically and in foreign relations"-- Provided by publisher
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A historical and evidence-based perspective, however, suggests that sidewalk riding is a sideshow to bigger issues of safety for all road users.
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This article explores whether the International Committee of the Red Cross (ICRC) enjoys testimonial privilege before Canadian courts. The authors argue that there is strong evidence to suggest that customary international law requires that the ICRC be granted a privilege not to testify or disclose confidential information in domestic court proceedings. Such a privilege, they argue, is entailed by the ICRC’s mandate to engage in international humanitarian law protection activities using confidential means. Given that customary international law forms part of the common law in Canada, the authors argue that this privilege should be recognized by Canadian courts despite its potentially uneasy fit with traditional Canadian evidence law.
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The experience of many university students studying public international law is, ""This is fascinating, but what can I do with it?"" While this book in no way detracts from the more intangible reasons to study international law, it is practically focused and explores the options available to law graduates beyond traditional or domestic law career paths. The range of possible careers is vast - from human rights to investment law and from the courtroom or boardroom to the refugee camp - and the book offers a step-by-step approach to considering whether and how to pursue a career in one of these
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For self-defence actions to be lawful, they must be directed at military targets. The absolute prohibition on non-military targeting under the jus in bello is well known, but the jus ad bellum also limits the target selection of states conducting defensive operations. Restrictions on targeting form a key aspect of the customary international law criteria of necessity and proportionality. In most situations, the jus in bello will be the starting point for the definition of a military targeting rule. Yet it has been argued that there may be circumstances when the jus ad bellum and the jus in bello do not temporally or substantively overlap in situations of self-defence. In order to address any possible gaps in civilian protection, and to bring conceptual clarity to one particular dimension of the relationship between the two regimes, this article explores the independent sources of a military targeting rule. The aim is not to displace the jus in bello as the ‘lead’ regime on how targeting decisions must be made, or to undermine the traditional separation between the two ‘war law’ regimes. Rather, conceptual light is shed on a sometimes assumed, but generally neglected dimension of the jus ad bellum’s necessity and proportionality criteria that may, in limited circumstances, have significance for our understanding of human protection during war.
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"Adjudicating International Human Rights" published on 01 Jan 2015 by Brill | Nijhoff.
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English Abstract: The purpose of this article is to contribute to the continuing debate over the relevance of International Humanitarian Law (IHL) to cyberwar. It does so by taking what is often said to be a particularly archaic aspect of IHL, the French Revolutionary notion of levée en masse, and asking whether the concept could have relevance in the cyber context. The article treats levée en masse as a litmus test for the law’s relevance; if this IHL “relic” could have relevance in the cyber context, then the continued relevance of the larger body of rules should also be less doubtful.
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This chapter provides a historical sketch of the events leading to the Georgia-Russia conflict of 2008, including South Ossetia’s de facto independence and gradual absorption by Russia. It then considers the legal status of South Ossetia under Soviet, Georgian and international law, and analyses the findings of the Independent International Fact-Finding Mission on the Conflict in Georgia. While the chapter concludes that South Ossetia’s right to self-determination does not, at this stage, include a right to secession, it argues that the emphasis now should be on restoring confidence between the parties and addressing humanitarian issues. This is a precondition for genuine negotiations over status within the international law framework on self-determination.
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This article sketches the “law of wheelmen” as it developed in the late 19th century and suggests that, with the renaissance of cycling in North America, it is time to renew focus on the legal issues of cyclists. A comprehensive analysis of cycling’s legal needs across a range of issues – from legislation to enforcement and infrastructure – is in order and this article suggests an agenda for undertaking this analysis. For health, environmental and cultural issues, cycling is growing and the law and legal actors need to grapple with this means of active transit in a way that has not been done since before the automobile era.
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