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.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.

Introduction

2021 ◽  
Author(s):  
Geiß Robin ◽  
Melzer Nils
Keyword(s):  
Technological Innovation ◽  
Turn Of The Century ◽  
First Century ◽  
Global Security ◽  
Power Politics ◽  
Security Environment ◽  
Security Challenges ◽  
Twenty First Century ◽  
Economic Nature

This introductory chapter provides an overview of the twenty-first-century global security environment. Since the turn of the century, the global security environment has become increasingly dynamic, complex, and volatile; and the causes, mechanisms, and consequences of national and international (in-)security have become increasingly transnational and global in nature. Various powerful dynamics of a geopolitical, demographic, climatic, technological, social, and economic nature have been driving this trend, which has now been taken to entirely new levels by the recent outbreak of the COVID-19 pandemic. The convergence of so-called ‘old and new security challenges’, such as the return to power politics, the rise of asymmetric and hybrid warfare, and the emergence of novel threats posed by potent non-State actors, technological innovation, as well as dramatically increased economic, pandemic, and environmental risks, have entailed a veritable globalization of the security agenda. The chapter then outlines a number of overarching key dynamics, trends, and contestations that reflect the various intrinsic and extrinsic pressures and tensions international law is exposed to in the global security environment of the twenty-first century.

Part II Predominant Security Challenges and International Law, Technological Security, Ch.35 Biosecurity

2021 ◽  
Author(s):  
Revill James ◽  
Roessing Anna
Keyword(s):  
National Security ◽  
International Law ◽  
Life Sciences ◽  
First Century ◽  
Considerable Progress ◽  
Current Status ◽  
Global Security ◽  
Security Discourse ◽  
Security Challenges ◽  
Conceptual Difficulties

This chapter discusses the term ‘biosecurity’, which is a relatively new addition to the global security lexicon. It looks at the origins and evolution of the concept of biosecurity, drawing attention to drivers of interest in biosecurity and the linguistic, cultural, and political challenges to cohesively defining this concept. Notwithstanding such conceptual difficulties, biosecurity has become an important topic in twenty-first-century security discourse as multilateral and national security-policymaking organs have recognized the potential security-related risks associated with contemporary biotechnology and have sought to mitigate such risks. The chapter then elaborates on what has been achieved in terms of building a biosecurity architecture. It also considers the current status of the biosecurity debate, drawing on examples from the patchwork of biosecurity measures undertaken across the globe to illustrate how this is an area that has made considerable progress over the course of the last two decades. Ultimately, biosecurity is a work in progress that will become increasingly salient in the global security discourse as life sciences and biotechnology continue to advance in a changing geostrategic context.

Part II Predominant Security Challenges and International Law, International Security, Ch.14 Armed Conflicts, International Law, and Global Security

2021 ◽  
Author(s):  
Kellenberger Jakob
Keyword(s):  
International Law ◽  
International Security ◽  
World Order ◽  
Armed Conflicts ◽  
Global Security ◽  
Contemporary World ◽  
Security Challenges ◽  
Geographical Regions ◽  
The World ◽  
The Relationship

This chapter addresses the relationship between armed conflicts, international law, and global security. While today protracted non-international armed conflicts are the prevalent type of armed conflict, international armed conflicts seem likely to again become a major threat to global security in the future. This hypothesis is based, amongst other factors, on recent military confrontations involving a number of States in Syria, the Russian involvement in Crimea, US tensions with Iran and North Korea, and broader regional tensions in the South China Sea. The chapter provides an overview of the interrelation between armed conflicts and other threats to global security before looking at armed conflicts currently raging in various geographical regions of the world. It then considers the adequacy and effectiveness of the existing international regulatory framework governing armed conflicts in light of the broader challenges facing the contemporary world order.

scholarly journals Remarks by Maria Flores

2018 ◽  
Vol 112 ◽  
pp. 79-82
Author(s):  
Maria Flores
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Global Scale ◽  
International Court Of Justice ◽  
Public International Law ◽  
Court Of Justice ◽  
International Court ◽  
Small Department ◽  
The University

I first became involved with international law while I was at university. After graduating, I decided to teach public international law. As an undergraduate, I particularly enjoyed this branch of study. I was attracted to it because it helped me to understand the problems, challenges, and breakthroughs in the field of international relations on a global scale. Therefore, after facing a competitive entry process, I joined the international law department of the Universidad de la República. It was a small department, but the university had produced some well-known scholars like Eduardo Jiménez de Aréchaga, who became a judge at the International Court of Justice, and Hector Gross Espiell, who served as a judge at the Inter-American Court of Human Rights.

Foreign act of state and empire

2020 ◽  
Vol 71 (2) ◽  
pp. 135-155
Author(s):  
Courtney Grafton
Keyword(s):  
Seventeenth Century ◽  
International Law ◽  
British Empire ◽  
Legal Reasoning ◽  
Public International Law ◽  
Sovereign Equality ◽  
English Law ◽  
The Relationship

The judicial restraint limb of the foreign act of state doctrine is presented as a time-worn doctrine dating back to the seventeenth century. Its legitimacy is indelibly wedded to its historical roots. This article demonstrates that this view is misguided. It shows that the cases which are said to form the foundation of the judicial restraint limb primarily concern the Crown in the context of the British Empire and are of dubious legal reasoning, resulting in a concept trammelled by the irrelevant and the obfuscating. It has also unnecessarily complicated important questions relating to the relationship between English law and public international law. This article suggests that the judicial restraint limb of the foreign act of state doctrine ought to be understood on the basis of the principle of the sovereign equality of states and conceptualised accordingly.

Actual Challenges, Risks and Security Safety

2020 ◽  
Vol 1 (1) ◽  
pp. 65-83
Author(s):  
Božidar Forca ◽  
Dragoljub Sekulović ◽  
Igor Vukonjanski
Keyword(s):  
National Security ◽  
Modern World ◽  
Security Strategy ◽  
Theoretical Understanding ◽  
National Security Strategy ◽  
Security Challenges ◽  
Wide Range ◽  
The Subject ◽  
Almost All ◽  
The Relationship

Security is one of the most common terms in the modern world. This statement is supported by the fact that the term security is used in a wide range of areas. The subject of this paper is national security and the challenges, risks and threats to that security in contemporary international relations. The purpose of the work is twofold. First, to show the diversity of theoretical understanding of the term challenge, risk and threat by various authors. On the other hand, the overriding goal is to analyze the relationship to the challenges, risks and threats in different countries. When it comes to national security, challenges, risks and threats, most often, are identified in a document called the national security strategy. This document, as one of the highest in the hierarchy of political acts of every state, when it comes to security, is passed by almost all modern states of the world. The analysis of numerous national security strategies has revealed that it is possible to identify: 1) the challenges, risks and threats that appear in all strategies, 2) the challenges, risks and threats of security that appear in most strategies, and 3) the challenges, risks and threats of security which are country specific.

scholarly journals Causal Inference, International Law, And Maritime Disputes

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 389-393
Author(s):  
Benjamin J. Appel
Keyword(s):  
Causal Inference ◽  
International Law ◽  
Law Of The Sea ◽  
International Courts ◽  
Legal Scholarship ◽  
Wide Range ◽  
Maritime Disputes ◽  
Empirical Tests ◽  
The Impact ◽  
The Relationship

Sara Mitchell and Andrew Owsiak's examination of the impact of UN Convention on the Law of the Sea (UNCLOS) and Article 287 declarations on the peaceful resolution of maritime disputes significantly advances the literature on the relationship between international law/international courts and maritime issues. To their credit, the authors employ a wide range of empirical tests in the article to provide readers with confidence in the empirical results. Nonetheless, there are some important limitations in their approach. Drawing on insights from the causal inference literature, I argue that Mitchell and Owsiak's empirical analyses suffer from two biases that both (1) raise concerns about the causal relationships identified in the article, and (2) suggest some important scope conditions in its empirical findings. I investigate the biases and propose suggestions for legal scholarship to produce more credible results.

scholarly journals Activities of Intelligence Services as a Synonymous of Fear and Intimidation

2015 ◽  
Vol 5 (2) ◽  
pp. 279
Author(s):  
MA. Fisnik Sadiku ◽  
MA. Besnik Lokaj
Keyword(s):  
National Security ◽  
Ethical Issues ◽  
Developed Countries ◽  
The State ◽  
Main Role ◽  
Security Environment ◽  
Intelligence Services ◽  
Clear Explanation ◽  
Security Challenges ◽  
Wide Range

Intelligence services are an important factor of national security. Their main role is to collect, process, analyze, and disseminate information on threats to the state and its population.Because of their “dark” activity, intelligence services for many ordinary citizens are synonymous of violence, fear and intimidation. This mostly comes out in theRepublicofKosovo, due to the murderous activities of the Serbian secret service in the past. Therefore, we will treat the work of intelligence services in democratic conditions, so that the reader can understand what is legitimate and legal of these services.In different countries of the world, security challenges continue to evolve and progress every day, and to fulfil these challenges, the state needs new ways of coordinating and developing the capability to shape the national security environment. However, the increase of intelligence in many countries has raised debates about legal and ethical issues regarding intelligence activities.Therefore, this paper will include a clear explanation of the term, meaning, process, transparency and secrecy, and the role that intelligence services have in analyzing potential threats to national security.The study is based on a wide range of print and electronic literature, including academic and scientific literature, and other documents of various intelligence agencies of developed countries.

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.

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