Law at War: The Law as It Was and the Law as It Should Be: Liber Amicorum Ove Bring

ISBN-13: 9789004170162 / Angielski / Twarda / 2008 / 325 str.

Ola Engdahl; Pal Wrange

Opis

The authors of this volume have been inspired by the scholar to which this Liber Amicorum is dedicated - Professor Ove Bring - to look into both the past and the future of international law. Like Ove Bring, they have dealt with many aspects of the law governing the use of force, from arms control to human rights, international criminal law, the UN Charter, and, of course, international humanitarian law. Like Professor Bring, they have allowed themselves to draw trajectories from history and into the future, and have shunned away from neither the controversial nor the speculative, be it on the Middle East, the invasion of Iraq or the independence of Kosovo. This collection brings together insights from a former UN Legal Counsel, a former Executive Chairman of UNMOVIC, present and former judges of the European Court of Justice, the International Criminal Tribunal for the former Yugoslavia and the International Tribunal for the Law of the Sea, one present and one former member of the International Law Commission, as well as law professors and practitioners, from all Nordic countries, Germany and Australia. Together they form a highly challenging mosaic of perspectives on topical issues like cluster munitions, targeting, human rights in peace operations and the purposes of sentencing in international tribunals. The volume also contains a bibliography and a presentation of Professor Bring's work.

Spis treści

Preface; 1 From Ove to Bring, Marie Jacobsson ; 2 The Writings of Ove Bring, Marie Jacobsson ; 3 Legal Restraints on the Use of Armed Force, Hans Blix ; 4 Individual Responsibility under National and International Law for the Conduct of Armed Conflict, Iain Cameron ; 5 Reflections on the Security Council and Its Mandate to Maintain International Peace and Security, Hans Corell ; 6 National Sovereignty and Responsibility for Spent Nuclear Fuel, Per Cramér ; 7 The Developing Relationship Between Law and Politics in the United Nations Human Rights Council, Gudmundur Eiriksson ; 8 The Future of Human Rights Law in Peace Operations, Ola Engdahl ; 9 Sense and Sensibility in Sentencing - Taking Stock of International Criminal Punishment, Frederik Harhoff ; 10 Submarine Operations and International Law, Wolff Heintschel von Heinegg ; Table of Contents ; 11 Occupation and Sovereignty - Still a Useful Distinction?, Martti Koskenniemi ; 12 The Second Lebanon War: Reflections on the 2006 Israeli Military Operations against Hezbollah, Said Mahmoudi ; 13 Cluster Munitions, Proportionality and the Foreseeability of Civilian Damage, Timothy L. H. McCormack & Paramdeep B. Mtharu ; 14 Sacrificial Violence and Targeting in International Humanitarian Law, Gregor Noll ; 15 J.-J. Rousseau and the Law of Armed Force, Allan Rosas ; 16 Secession, Self-determination of 'Peoples' and Recognition - The Case of Kosovo's Declaration of Independence and International Law, Per Sevastik ; 17 Fighting for Justice: Åke Hammarskjöld at the Permanent Court of International Justice, Ole Spiermann ; 18 Do We Need a World Court of Human Rights?, Geir Ulfstein ; 19 Neutrality, Impartiality and Our Responsibility to Uphold International Law, Pål Wrange ; 20 The Diluted, Dismantled, Disjointed and Resilient Old Collective Security System or Decision-making and the Use of Force - the Law as it Could Be, Inger Österdahl ; Index

O autorze

Ola Engdahl is a Research Fellow at the Swedish National Defence College. His dissertation, Protection of Personnel in Peace Operations: The Role of the 'Safety Convention' against the Background of General International Law , supervised by Professor Bring, was recently published in the International Humanitarian Law Series. He is currently Legal Adviser to the Army Tactical Staff, Swedish Armed Forces. Pål Wrange is a Principal Legal Adviser at the Swedish Ministry for Foreign Affairs, and is currently on leave of absence, working as a consultant in Kampala. He has published extensively in the field of international law and legal theory, including his dissertation, Impartial or Uninvolved: The Anatomy of 20th Century Doctrine on the Law of Neutrality , supervised by Professor Bring.