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Law Applicable to Armed Conflict

$95.00 (C)

Part of Max Planck Trialogues

Christian Marxsen, Anne Peters, Helen Duffy, Ziv Bohrer, Janina Dill
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  • Date Published: March 2020
  • availability: Available
  • format: Hardback
  • isbn: 9781108481588

$ 95.00 (C)
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About the Authors
  • Which law applies to armed conflict? This book investigates the applicability of international humanitarian law and international human rights law to armed conflict situations. The issue is examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. These multiple perspectives expose the political factors and intellectual styles that influence scholarly approaches and legal answers, and the unique trialogical format encourages its participants to decenter their perspectives. By focussing on the authors' divergence and disagreement, a richer understanding of the law applicable to armed conflict is achieved. The book, firstly, provides a detailed study of the law applicable to armed conflict situations. Secondly, it explores the regimes' interrelation and the legal techniques for their coordination and prevention of potential norm conflicts. Thirdly, the book moves beyond the positive analysis of the law and probes the normative principles that guide the interpretation, application and development of law.

    • Provides an interdisciplinary trialogue of experts on the law applicable to armed conflict
    • Provides a multi-perspective approach to the topic, thereby bridging the camp mentality often found in academic debates and fostering a more engaged, cross-disciplinary debate
    • Explicitly focusses on divergence and disagreement of authors and contributes to a richer understanding of the law applicable to armed conflicts
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    Reviews & endorsements

    ‘[A] compilation of three distinct, highly sophisticated and original analyses of the relative merits of applying one set of laws or the other.’ Matthew Evangelista, Journal of Peace Research

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    Product details

    • Date Published: March 2020
    • format: Hardback
    • isbn: 9781108481588
    • length: 296 pages
    • dimensions: 235 x 157 x 20 mm
    • weight: 0.54kg
    • availability: Available
  • Table of Contents

    Introduction. International law governing armed conflict Christian Marxsen and Anne Peters
    1. Trials and tribulations: co-applicability of IHL and human rights in an age of adjudication Helen Duffy
    2. Divisions over distinctions in wartime international law Ziv Bohrer
    3. Towards a moral division of labour between IHL and IHRL during the conduct of hostilities Janina Dill
    Conclusion. Productive divisions Christian Marxsen and Anne Peters.

  • Authors

    Ziv Bohrer, Bar-Ilan University, Israel
    Ziv Bohrer is lecturer at the Faculty of Law, Bar-Ilan University, Israel. His main areas of research are in international criminal law and international humanitarian law. He was a winner of the Israel's Junior Law Faculty Workshop Paper Competition and has previously held visiting positions at the University of Michigan (as a Fulbright Fellow), the Hebrew University of Jerusalem, University of Georgia and the University of Cambridge.

    Janina Dill, University of Oxford
    Janina Dill is Professor of US Foreign Policy at Nuffield College, University of Oxford. Her previous publication Legitimate Targets?: Social Construction, International Law and US Bombing (Cambridge, 2014) was included in the Cambridge Studies in International Relations series in 2015. The book was runner-up for the Birks Prize for Outstanding Legal Scholarship of the Society of Legal Scholars and has received an Honourable Mention by the Theory Section of the International Studies Association.

    Helen Duffy, Universiteit Leiden
    Helen Duffy holds the Gieskes Chair in International Humanitarian Law and Human Rights at the Grotius Centre, Universiteit Leiden, and is Honorary Professor of International Law at the University of Glasgow. She also runs 'Human Rights in Practice', a law practice providing legal advice, legal representation and support in strategic human rights litigation before international and regional courts and bodies.

    Contributors

    Christian Marxsen, Anne Peters, Helen Duffy, Ziv Bohrer, Janina Dill

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