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Publisher:
Cambridge University Press
Online publication date:
January 2020
Print publication year:
2020
Online ISBN:
9781108674416
Creative Commons:
Creative Common License - CC Creative Common License - BY Creative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/creativelicenses
Series:
Max Planck Trialogues (2)

Book description

Which law applies to armed conflict? This book investigates the applicability of international humanitarian law and international human rights law to armed conflict situations. The issue is examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. These multiple perspectives expose the political factors and intellectual styles that influence scholarly approaches and legal answers, and the unique trialogical format encourages its participants to decenter their perspectives. By focussing on the authors' divergence and disagreement, a richer understanding of the law applicable to armed conflict is achieved. The book, firstly, provides a detailed study of the law applicable to armed conflict situations. Secondly, it explores the regimes' interrelation and the legal techniques for their coordination and prevention of potential norm conflicts. Thirdly, the book moves beyond the positive analysis of the law and probes the normative principles that guide the interpretation, application and development of law.

Reviews

‘[A] compilation of three distinct, highly sophisticated and original analyses of the relative merits of applying one set of laws or the other.’

Matthew Evangelista Source: Journal of Peace Research

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Contents

  • Law Applicable to Armed Conflict
    pp i-i
  • Max Planck Trialogues on the Law of Peace and War - Series page
    pp ii-ii
  • Law Applicable to Armed Conflict - Title page
    pp iii-iii
  • Copyright page
    pp iv-iv
  • Contents
    pp v-viii
  • Introduction: International Law Governing Armed Conflict
    pp 1-14
  • 2 - Divisions over Distinctions in Wartime International Law
    pp 106-196
  • Conclusions: Productive Divisions
    pp 266-279
  • Index
    pp 280-288
  • Books in the Series - Series page
    pp 289-290

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