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

Author(s):  
Kellenberger Jakob

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.

Author(s):  
Rose Cecily

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.


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.


2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Carlos Rojas

Abstract Based on a 2000 novella by Cixin Liu with the same title, Frant Gwo’s 2019 film Wandering Earth has been celebrated as China’s first big-budget science fiction film. As a Chinese film with a global theme that simultaneously targets both a domestic and an international audience, accordingly, the work invites a reflection on the relationship between the local and the global—on how we understand the concept of home, and what it might mean to be home in the world. This essay, accordingly, examines three intersecting ways in which Wandering Earth (both the film and the original novella) explores the relationship between home and the world, including the status of the Earth as an ecological system, the planet’s status as a lived environment, as well as a set of contemporary geopolitical discourses about China’s shifting position within the contemporary world order, and particularly its relationship to the Global South.


2015 ◽  
Vol 1 (5) ◽  
pp. 0-0
Author(s):  
Анатолий Капустин ◽  
Anatoliy Kapustin

The article discusses the role and function of international law in the transformation of the modern world order. A brief description of the main features of international contemporary international relations and the role of international law in maintaining international legal order is given. The relationship and interaction of international policies of States and international law is examined. Scientific schools of international law exploring the relationship of international law and foreign policy are analyzed. In this regard, the author draws attention to the problem of the legitimacy of international law and established international legal order. The assessment of challenges to the legitimacy of international law and its reflection in the current international legal theory is made.


Author(s):  
Paul J. Bolt ◽  
Sharyl N. Cross

Chapter 1 explores perspectives on world order, including power relationships and the rules that shape state behavior and perceptions of legitimacy. After outlining a brief history of the relationship between Russia and China that ranged from cooperation to military clashes, the chapter details Chinese and Russian perspectives on the contemporary international order as shaped by their histories and current political situation. Chinese and Russian views largely coincide on security issues, the desirability of a more multipolar order, and institutions that would enhance their standing in the world. While the Chinese–Russian partnership has accelerated considerably, particularly since the crisis in Ukraine in 2014, there are still some areas of competition that limit the extent of the relationship.


2017 ◽  
Vol 10 (1) ◽  
pp. 63-89 ◽  
Author(s):  
Jozef Valuch ◽  
Tomáš Gábriš ◽  
Ondrej Hamuľák

Abstract The aim of this paper is to evaluate and differentiate between the phenomena of cyberwarfare and information warfare, as manifestations of what we perceive as postmodern warfare. We describe and analyse the current examples of the use the postmodern warfare and the reactions of states and international bodies to these phenomena. The subject matter of this paper is the relationship between new types of postmodern conflicts and the law of armed conflicts (law of war). Based on ICJ case law, it is clear that under current legal rules of international law of war, cyber attacks as well as information attacks (often performed in the cyberspace as well) can only be perceived as “war” if executed in addition to classical kinetic warfare, which is often not the case. In most cases perceived “only” as a non-linear warfare (postmodern conflict), this practice nevertheless must be condemned as conduct contrary to the principles of international law and (possibly) a crime under national laws, unless this type of conduct will be recognized by the international community as a “war” proper, in its new, postmodern sense.


1978 ◽  
Vol 3 (4) ◽  
pp. 555-587 ◽  
Author(s):  
Samuel S. Kim

This paper makes a macro-inquiry into Chinese global politics by defining and elaborating the Chinese image and strategy of world order within a normative framework. Empirical data and behavioral referents in the paper are largely drawn from Chinese multilateral diplomacy in the global community during the first half-decade (1971–1976) of Chinese participation in UN. Such a normative-globalist paradigm has a heuristic value in interpreting more broadly China's global policy and its impact on the evolving process of creating a more just and humane world order. The paper argues that the interactions between China and the world organization have, on the whole, been positive and that the relationship between the two has been one of mutual adjustment and mutual legitimization, with the resulting enhancement of each other's symbolic capability. By way of conclusion, the paper draws, in a tentative and speculative manner, some broad policy implications of the post-Mao leadership.


Author(s):  
Irina Afanasyeva

At the turn of the third Millennium, significant changes have affected the global world. The contemporary world economy, the world order, international organizational and economic relations are all involved in the intensive process of global development. There is no country in the world that is able to form and implement foreign economic policy without taking into account the behavior of other participants within the world economic system. Scientific and practical analysis of the subject area of the existing research has predetermined the key objective of this article – to determine the factors of contemporary global development.


Author(s):  
Marina Okladnaya ◽  
Olena Hurenko

Problem setting. Islamic international law is a set of Islamic norms and customs that govern the relationship of Muslim States and Muslims with non-Muslim States, as well as with Muslim individuals within and outside the world of Islam. Islam has come a long and difficult way from the emergence of religion in modern ideology. It is considered one of the leading religions of the world and has a significant influence on a large number of people and states, so it is advisable to study one of the outstanding stages of the formation of the Islamic system in the field of international law, namely the Middle Ages and find out its connection with modernity. Analysis of recent researches and publications. The Islamic science of international law is in the process of development, during which its representatives try to combine the traditional values of Islam with the basic principles of modern international law. Among the scientists who made a significant contribution to the study of the Islamic concept of international law, its historical development and the modern situation, one can distinguish such as A. Butkevich, L. Sukiyainen, Al-Shaybani, Muhammad ibn al-Hasan, V. Knapp, M. Sana, Sardar Ali S., Hilmli M. Zavati, A. Merezhko, B. Feldman and others. Target of research. Study of the Islamic concept of international law, analysis and comparison of content, significance of Islamic international law in the Middle Ages and modern times. Article’s main body. The article is devoted to the main stages of the formation of one of the most important systems of international law – Islamic, which is a collection of unique traditional values, legal norms and customs of Islam. The stages of development in the Middle Ages and the connection with modernity were investigated, the main features in the Middle Ages were determined. Conclusions and prospects for the development. Islamic international law is a set of Islamic norms and customs that govern the relationship of Muslim States and Muslims with non-Muslim States, as well as with Muslim individuals within and outside the world of Islam. Islam has come a long and difficult way from the emergence of religion in modern ideology. It is considered one of the leading religions of the world and has a significant influence on a large number of people and states, so it is advisable to study one of the outstanding stages of the formation of the Islamic system in the field of international law, namely the Middle Ages and find out its connection with modernity.


Author(s):  
McLaughlin Rob

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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