scholarly journals Between War and Peace: Intermittent Armed Conflict and Investment Arbitration

2019 ◽  
pp. 43-66
Author(s):  
Ana Maria Daza-Clark ◽  
Daniel Behn
Keyword(s):  
Armed Conflict ◽  
War And Peace ◽  
Investment Arbitration

The New Law of Armed Conflict

1978 ◽  
Vol 15 ◽  
pp. 3-41 ◽  
Author(s):  
L. C. Green
Keyword(s):  
Twentieth Century ◽  
Intermediate State ◽  
Armed Conflict ◽  
The Other ◽  
War And Peace ◽  
Law Of Armed Conflict ◽  
The Law ◽  
Court Of Appeal

In HisDe Jure Belli ac Paris, Grotius, quoting Cicero, stated that “there is no Middle between War and Peace,” and this sentiment seems to have received general agreement well into the twentieth century. Thus, inJansonv.Driefontein Consolidated Mines, Lord Macnaghten stated: “I think the learned counsel for the respondent was right in saying that the law recognises a state of peace and a state of war, but that it knows nothing of an intermediate state which is neither one thing nor the other — neither peace nor war.” One might have thought that the English courts would have abandoned this view in the light of their own experience during the Manchukuo incident, for by 1939 inKawasaki Kisen Kabushiki Kaisha of Kobev.Bantham S.S. Co.the Court of Appeal was prepared to concede that “war” might exist for some commercial purposes but not in so far as other legal relationships were concerned.

scholarly journals Just War, Pacifism, Just Peace, and Peacebuilding

2019 ◽  
Vol 80 (1) ◽  
pp. 169-185
Author(s):  
Lisa Sowle Cahill
Keyword(s):  
Armed Conflict ◽  
Just War ◽  
Roman Catholic ◽  
Global South ◽  
War And Peace ◽  
Cross Border ◽  
Ethics Of War ◽  
Just Peace

While Roman Catholic ethics of war and peace develops more restrictive criteria of just war and reprioritizes nonviolence, an important strand of Protestant theology defends war as a God-given instrument of government’s multiple ends. A newer ethics of just peace and peacebuilding emerges from Christian initiatives to transform armed conflict at intra-state and cross-border levels. This essay assesses these approaches and pacifism, concluding with a perspective from the Global South.

Introduction: International Law and the Problem of War

2016 ◽  
Author(s):  
Marc Weller
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Use Of Force ◽  
War And Peace ◽  
Community Values ◽  
Resolution Rule ◽  
United Nations System ◽  
The Cold War ◽  
Nations System

This chapter examines the role of international law in preventing war and armed conflict. It begins by discussing three approaches to war and peace: the realist approach, the managerial approach, and the utopian visionary approach. It then considers some of the features of the United Nations system that were drawn from the League of Nations experience, including enforcement, dispute resolution, rule of law, prohibition of the use of force, and self-defence. The chapter also analyses how the UN Security Council deals with armed attacks undertaken by non-state actors, such as acts of terrorism. Finally, it outlines new challenges to the law on the use of force, particularly the new potential for armed conflict following the end of the Cold War, the issue of humanitarian intervention, and claims to enforcement of global community values.

War and Peace

2019 ◽  
pp. 230-260
Author(s):  
Jean Drèze
Keyword(s):  
United States ◽  
Social Development ◽  
Armed Conflict ◽  
The United States ◽  
War And Peace ◽  
Nuclear War ◽  
Civilian Population ◽  
Military Presence ◽  
Logical Fallacies ◽  
General Strike

This chapter is concerned with the abolition of violence, or at least of armed conflict, as an aspect of social development. While nuclear strategists pride themselves on being “realists”, their realism is collectively self‐defeating and creates a dangerous world where minor conflicts could easily escalate into a nuclear war. The chapter exposes the logical fallacies of “mutually assured destruction” and related doctrines, as well as the illusions behind India's “nuclear deal” with the United States. Two essays deal with the Kashmir conflict. In 2016, a massive popular uprising took place in Kashmir, mainly in the form of an extended general strike. This event, however, was barely reported in the mainstream Indian media, except for occasional reports of stone pelting. A first‐hand account of the strike brings out that the real purpose of India's massive military presence in Kashmir is to control the civilian population and suppress all protests, however peaceful.

scholarly journals Asking the fox to guard the chicken coop: In defense of minimalism in the ethics of war and peace

2021 ◽  
pp. 175508822098588
Author(s):  
Elisabeth Forster ◽  
Isaac Taylor
Keyword(s):  
Armed Conflict ◽  
Korean War ◽  
War And Peace ◽  
Complex Character ◽  
Ethics Of War ◽  
The Korean War ◽  
Essentially Contested Concepts

Dominant normative theories of armed conflict orientate themselves around the ultimate goal of peace. Yet the deployment of these theories in the international sphere appears to have failed in advancing toward this goal. In this paper, we argue that one major reason for this failure is these theories’ use of essentially contested concepts—that is, concepts whose internally complex character results in no principled way of adjudicating between rival interpretations of them. This renders the theories susceptible to manipulation by international actors who are able to pursue bellicose policies under the cover of nominally pacific frameworks, and we show how this happened historically in a case study of the Korean War of 1950–1953. In order to better serve the goals of peace, we suggest, the rules of war should be reframed to simpler, but more restrictive, normative principles.

The Ecology of War and Peace

2021 ◽  
Author(s):  
Eliana Cusato
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Resource Scarcity ◽  
Extensive Study ◽  
Truth Commissions ◽  
War And Peace ◽  
Resource Abundance ◽  
International Courts ◽  
Natural Resource Scarcity ◽  
Un Security Council

The connection between ecology and conflict has been the object of extensive study by political scientists and economists. From the contribution of natural resource 'scarcity' to violent unrest and armed conflict; to resource 'abundance' as an incentive for initiating and prolonging armed struggles; to dysfunctional resource management and environmental degradation as obstacles to peacebuilding, this literature has exerted a huge influence upon academic discussions and policy developments. While international law is often invoked as the solution to the socio-environmental challenges faced by conflict-affected countries, its relationship with the ecology of war and peace remains undertheorised. Drawing upon environmental justice perspectives and other theoretical traditions, the book unpacks and problematizes some of the assumptions that underlie the legal field. Through an analysis of the practice of international courts, the UN Security Council, and Truth Commissions, it shows how international law silences and even normalizes forms of structural and slow environmental violence.

Approaches to the Law of Armed Conflict

1971 ◽  
Vol 9 ◽  
pp. 269-275 ◽  
Author(s):  
Jeremy D. Morley
Keyword(s):  
Armed Conflict ◽  
Legal Framework ◽  
The State ◽  
War And Peace ◽  
Law Of Armed Conflict ◽  
The Law

The international legal framework has traditionally been divided into a “state of war” and a “state of peace.” Most contemporary authorities still insist upon sharp and tidy categorization in this area, although some would prefer a three-fold or a multi-fold division, instead of the standard two-fold split. This whole approach has come under attack in recent years.A division into “states” of “war” and “peace” should theoretically produce simplicity and clarity. Instead, however, it leads to hopeless complications. This is clear as soon as any attempt is made to define the “state of war.”

Leadership Style and War and Peace Policies in the Context of Armed Conflict

2016 ◽  
Vol 64 (1) ◽  
pp. 1-19 ◽  
Author(s):  
José Manuel Rivas ◽  
Adrián Tarín
Keyword(s):  
Leadership Style ◽  
Armed Conflict ◽  
War And Peace

Hybrid Conflict and Prisoners of War

2018 ◽  
pp. 191-222
Author(s):  
Jeffrey Kahn
Keyword(s):  
Armed Conflict ◽  
Prisoners Of War ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
War And Peace ◽  
State Actors ◽  
The Law ◽  
Hybrid War ◽  
First Time

The conflicts in eastern Ukraine and Crimea are not the first time sovereign States have clashed under murky and confused circumstances. The law governing international armed conflict, i.e. the law regulating war between States, has long recognized this fact; the threshold to trigger it is a very low one, and it applies “even if the state of war is not recognized by one of them.” Nevertheless, some perceive Ukraine as a case of “hybrid war” for which the old rules are ill-fitting at best, and no longer capable of regulation or restraint. What happens to international humanitarian law (IHL) when, according to Russian General Valériy Gerasimov, the hybrid nature of recent conflicts produces a “tendency to erase differences between the states of war and peace?” This chapter argues that there are in fact two distinct armed conflicts ongoing in eastern Ukraine. First, there is an ongoing but unacknowledged international armed conflict (IAC) in eastern Ukraine between Ukraine and Russia. Second, there is also fighting sufficiently intense and involving sufficiently organized non-State actors to be considered a non-international armed conflict (NIAC) between the Ukrainian State and rebel forces in Donetsk and Luhansk. Adding another layer of complexity, at certain times and places, it may be that this NIAC might have transformed into an IAC because of Russia’s overall control of these non-State actors.

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