Towards Resolving Our Development, Integration and Security Challenges Through International Law

2018 ◽  
pp. 3-9
Author(s):  
Zeray Yihdego ◽  
Melaku Geboye Desta ◽  
Fikremarkos Merso ◽  
Martha Belete Hailu
Keyword(s):  
International Law ◽  
Security Challenges

Part II Predominant Security Challenges and International Law, National and Transnational Security, Ch.8 Corruption and Global Security

2021 ◽  
Author(s):  
Rose Cecily
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Social Scientists ◽  
Global Security ◽  
Legal Definition ◽  
Post Conflict ◽  
Security Challenges ◽  
State Actors ◽  
The Impact ◽  
The Relationship

This chapter studies the relationship between corruption and global security. It begins by discussing the term ‘corruption’, which lacks a legal definition and can mean different things to lawyers and to social scientists. The chapter describes the various ways in which corruption and insecurity can relate to each other. Corruption is both a cause of global insecurity and a consequence of it. In other words, corruption may lead to insecurity, and conversely, insecurity, as in post-conflict societies, may lead to corruption and to greater tolerance of it. In addition, corruption can also be a cause of security or stability, rather than insecurity. Finally, anti-corruption measures and campaigns may themselves inadvertently cause insecurity. The chapter then details the international legal framework concerning corruption. It explores the extent to which anti-corruption treaty laws can serve as tools or guides for States and also non-State actors seeking to combat corruption and promote global security. The chapter also considers one of the challenges facing researchers who study the causes and consequences of corruption, namely the difficulties involved in measuring corruption and the impact of anti-corruption laws.

Part II Predominant Security Challenges and International Law, Economic and Resource Security, Ch.25 Energy Security in International Law

2021 ◽  
Author(s):  
Morgandi Tibisay ◽  
Viñuales Jorge E
Keyword(s):  
International Law ◽  
Energy Security ◽  
Energy Supply ◽  
Energy Demand ◽  
Oil And Gas ◽  
Energy Resources ◽  
Fuel Production ◽  
World Energy ◽  
Security Challenges ◽  
Legal Frameworks

This chapter investigates the concept of ‘energy security’, understood as the ‘uninterrupted availability of energy resources at an affordable price’. Importantly, according to this definition, the ‘availability’ of energy resources is measured against existing energy demand, and threats to energy security are therefore threats to the supply of enough energy to meet existing energy demand. Energy supply depends upon both domestic and international factors which are so interconnected that it is difficult to distinguish where one starts and the other ends. What is clear, however, is that international law plays a fundamental role in addressing many threats to energy security. The chapter looks at existing threats to energy security and the international legal frameworks that have been established in response. The challenges to energy security include an exponential increase in world energy demand, shortages of national oil and gas deposits, the need to reduce dependence on fossil fuel production in order to counteract climate change, as well as risks of geopolitical instability. The chapter then focuses on the mechanisms aimed to ensure that the flow of energy remains uninterrupted and at an affordable price, as well as on those mechanisms aimed at increasing access to energy resources.

Part II Predominant Security Challenges and International Law, National and Transnational Security, Ch.10 International Law and State Failure

2021 ◽  
Author(s):  
McLaughlin Rob
Keyword(s):  
International Law ◽  
International Community ◽  
State Failure ◽  
Minimum Level ◽  
Security Framework ◽  
Global Security ◽  
Working Definition ◽  
Security Challenges ◽  
Definition Of

This chapter examines the concept of State failure from the perspective of international law as it concerns the facilitation, regulation, and occasionally the degradation of global security. International law, in this context, is primarily conceptualized as an enabler for security-informed responses to the phenomenon of State failure. International law approaches State failure from the perspective of restorative legal and institutional facilitation, with a structural predilection for a State-centric security framework. This has resulted in the nexus between ‘State failure’ and international law being dominated by two interlinked purposes: (1) promoting the normative continuity of ‘Stateness’ for failed entities; and (2) managing the transition back to a minimum level of stable ‘Stateness’ with the least harm to the population and the international community. Ultimately, international law’s approach to State failure is primarily one of remedy, not of acceptance. The chapter seeks to evolve a working definition of ‘State failure’ from an international law perspective and assesses the adequacy of selected modes and indicators by which international law may recognize State failure.

Part II Predominant Security Challenges and International Law, Technological Security, Ch.36 Cybersecurity and International Law

2021 ◽  
Author(s):  
Schmitt Michael N
Keyword(s):  
National Security ◽  
International Law ◽  
Great Part ◽  
Legal Issues ◽  
Relative State ◽  
Sovereign Equality ◽  
Security Challenges ◽  
Key Aspects ◽  
The Relationship ◽  
Normative Perspective

This chapter discusses the international law of cybersecurity, which, at just over two decades old, remains in a relative state of infancy. States continue to struggle with such basic issues as sovereignty in cyberspace. In great part, the challenge is that many States are conflicted over the application and interpretation of key aspects of international law in the cyber context. After all, although international law can serve as a normative firewall against hostile cyber operations, the principle of sovereign equality means that protective norms also can act as barriers to a State's own cyber operations, some of which may be deemed essential to the State, especially with respect to national security. These differences in normative perspective often play out domestically in disagreements between ministries with different roles vis-à-vis cyberspace, and internationally between States wielding offensive cyber capability and those that see themselves primarily as victims thereof. To examine the relationship between cybersecurity and international law, the chapter begins by cataloguing the development of the international law of cyberspace. It then turns to the substantive legal issues, paying particular attention to those matters that presently are the source of contention amongst States.

Part II Predominant Security Challenges and International Law, International Security, Ch.15 Contested Territory

2021 ◽  
Author(s):  
Borgen Christopher J
Keyword(s):  
International Law ◽  
International Security ◽  
Theory And Practice ◽  
Ancient World ◽  
Modern World ◽  
Territorial Disputes ◽  
Public International Law ◽  
Security Challenges

This chapter describes the theory and practice of territorial contestation, past, present, and possibly future. It sketches the evolution of the so-called ‘modes of acquisition’ of territory and other concepts through different eras. Territorial disputes are perhaps the quintessential problem of public international law. In its transformation from the ancient world, through feudalism, and into the Westphalian system of States, territory has been repeatedly reconceptualized and reorganized from an era of frontiers to a modern world segmented by borders. This modern compartmentalization of territory emphasizes the concept of rightful ownership of title. The chapter then looks at the methods of resolving territorial disputes. It discusses political and military responses to territorial contests and judicial resolution. The chapter focuses on the particular role that recognition plays in resolving territorial disputes.

The Oxford Handbook of the International Law of Global Security

2021 ◽  
Keyword(s):  
International Law ◽  
Global Scale ◽  
First Century ◽  
Global Security ◽  
Public International Law ◽  
Security Governance ◽  
Security Environment ◽  
Security Challenges ◽  
Wide Range ◽  
The Relationship

Understanding the global security environment and delivering the necessary governance responses is a central challenge of the twenty-first century. On a global scale, the central regulatory tool for such responses is public international law. But what is the state, role, and relevance of public international law in today’s complex and highly dynamic global security environment? The Oxford Handbook of the International Law of Global Security provides a groundbreaking overview of the relationship between international law and global security. It constitutes a comprehensive and systematic mapping of the various sub-fields of international law dealing with global security challenges, and offers authoritative guidance on key trends and debates around the relationship between public international law and global security governance. The Handbook features original contributions by leading scholars and practitioners from a wide range of professional and disciplinary backgrounds, reflecting the fluidity of the concept of global security and the diversity of scholarship in this area.

Part II Predominant Security Challenges and International Law, National and Transnational Security, Ch.9 Internal Strife and Insurgency

2021 ◽  
Author(s):  
Henderson Christian
Keyword(s):  
International Law ◽  
Armed Conflicts ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Security Challenges ◽  
Law Of Armed Conflict ◽  
Recent Developments ◽  
The Government ◽  
Legal Frameworks

This chapter discusses internal strife and insurgency. The terms ‘internal strife’ and ‘insurgency’ encompass a range of situations from peaceful and violent protests and demonstrations to rebellions against the government to full-blown armed conflicts. Such situations may either occur entirely between the governmental forces of a State and a non-State armed group (or between two such groups) or, as is more often the case, may be fuelled by third States or even involve them directly. The chapter then provides a broad yet concise overview of the international legal frameworks that regulate internal strife and insurgency, with particular focus on international human rights law (IHRL) and the applicability of the law of armed conflict, and the ways that these frameworks interact. What is more, from a global security perspective, it is the possibility of outside intervention and the attendant frameworks and rules of international law that are arguably most pertinent and controversial. There have been several recent developments potentially impacting the international law governing internal strife and insurgency and the chapter explores these and some of the recent situations that illustrate them.

The Oxford Handbook of the Use of Force in International Law

2016 ◽  
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Security Challenges ◽  
Democratic Action ◽  
The Status ◽  
Recent Developments ◽  
History Of ◽  
The Subject ◽  
The Law ◽  
The Right

This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over 50 experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force and assesses what changes, if any, have occurred as a result of recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. Part I reviews the history of the subject and its recent challenges, and addresses the major conceptual approaches. Part II covers collective security, in particular the law and practice of the UN organs, and of regional organizations and arrangements. Part III considers the substance of the prohibition of the use of force and the right to self-defence and associated doctrines. Part IV is devoted to armed action undertaken on behalf of peoples and populations, including self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is addressed in Part V, followed by Part VI which considers new security challenges and the emerging law in relation to them. Part VII ties the key arguments developed in the book into a substantive conclusion. The Handbook is essential reading for scholars and students of international law and the use of force, and legal advisers to both governments and NGOs.

Part II Predominant Security Challenges and International Law, Economic and Resource Security, Ch.29 Water Security

2021 ◽  
Author(s):  
Thielbörger Pierre
Keyword(s):  
International Law ◽  
Water Security ◽  
Right To Life ◽  
Human Right ◽  
Economic Significance ◽  
Law And Politics ◽  
Water Wars ◽  
Security Challenges ◽  
Access To Water ◽  
The Right

This chapter addresses water security, which is a contested normative concept, without clear definitions, meanings, or interpretations. With this in mind, the term ‘water security’ must be understood in two distinct ways: security through water (meaning individuals’ access to water to sustain their lives and livelihoods) and security against water (meaning the absence of water-related threats, both natural and man-made). The concept of water security as security through water is a tool to guarantee certain minimum standards of water for individuals. This aspect of water security is closely related to the idea of a human right to water as derived from and related to other human rights such as the right to life, an adequate standard of living, and the right to the highest attainable standard of health. However, water can also pose threats. For instance, given its outstanding political and economic significance, the likelihood of ‘water wars’ has been discussed in international law and politics for some time. Special challenges to water security include the widespread privatization of water, climate change as catalyst for future water conflicts and water-related natural disasters, and the often forgotten ‘sanitation gap’.

Sign in / Sign up

Export Citation Format

Share Document