In this chapter, we examine the links between peaceful borders among the Southeast Asian countries and the occurrence and proliferation of illicit transnational flows, especially with regard to drug trafficking, human trafficking and smuggling, and arms trafficking. Southeast Asia is the most stable and peaceful among the Asian regions. Regional peace in the Southeast Asian region, especially after 1991, has contributed to its phenomenal economic growth and development, which, in turn, has led to higher levels of integration. At the same time, expanding economic and infrastructure links around region have also facilitated the occurrence of illicit transnational flows, including transnational organized crime and terrorism. The issue of transnational crime addresses the question of national sovereignty. On the one hand, illicit transnational flows pose a threat to the national sovereignty and the territorial integrity of independent states.On the other hand, effective cooperation in combating transnational crime and terrorism requires a political decision by national governments to surrender some parts and pieces of their sovereignty. In this sense, the Southeast Asian countries have traditionally been strong defenders of the sanctity of national sovereignty and nonintervention.

In this concluding chapter, we delineate theoretical insights drawn from relevant comparisons among the case studies and suggest policy recommendations. Specifically, we reassess the three hypotheses, identify and map relevant patterns from the different case studies across several regions of the world, offer several policy recommendations based on these patterns, and draw some general conclusions. In addition to the observable patterns as related to type of borders, political and institutional arrangements, and political economy, in the perusal of the eleven case studies we identified two additional elements that further explain the reality of peaceful borders and illicit transnational flows: the geopolitical location of regions and subregions, as hubs for transnational illicit flows; and the legacy of civil and intermestic wars. In the last part of the chapter, we suggest several policy recommendations: (1) be aware of the normative dilemmas of human security; (2) increase cooperation and develop effective mechanisms of governance at all the possible levels; and (3) promote and prefer peace rather than war, but be aware of its potential unintended consequences.

In this chapter, we discuss the Western Hemisphere (the Americas), as a continent of peace. Whereas all the international borders in the Americas are peaceful, there is an important variation in terms of the occurrence and proliferation of illicit transnational flows across its borderlands. We assess the thirty-six land borders in the Americas, testing the three hypotheses developed in Chapter 2. We examine the general background of Latin America, including the Latin American movement toward regionalism, the persistence of traditional conflicts in the region, the role of the United States vis-a-vis Latin America, security initiatives of Latin American countries, the new security threats and the persistence of ungoverned spaces in the Americas. Moreover, we assess the reality of transnational crime in the Americas, by referring to drug trafficking, arms trafficking, human trafficking and human smuggling. The second half of the chapter explains the reality of peaceful bordes and illicit transnational flows in the Americas, by presenting and testing the relevant data. In general terms, we corroborate the three hypotheses.

The concluding chapter summarizes the theoretical analysis and empricial findings of the preceding chapters. It then argues that one of the key problems with the laws of war is that they enable states to evade accountaibility for imposing high risks on the civilian population. Although the principles of distinction and proportionality impose some restraints on what states can do in war, the permissive effects of the principle of proportionality provide states with significant flexibility when it comes to battlefield decisions that threaten civilians. Building on Jurgen Habermas's discourse ethics, it argues for a principle of affected interests that would correct for some of the permissive effects of the laws of war by requiring states to give equal consideration to civilians in how the incidental risks of war are distributed.

In this chapter, we introduce our theoretical framework, which delineates alternative answers to the research question concerning the conditions under which peaceful borders might enable the occurrence and proliferation of illicit transnational flows. To answer this question, we assume that international peace and globalization act as permissive conditions that provide the general context for the occurrence and proliferation of illicit transnational flows across peaceful borders as parameters. At the same time, we explain the variation in the nature, occurrence, quality, and quantity of these illicit transnational flows according to three variables: (1) the degree of physical and institutional openness of the peaceful borders; (2) the degree of governance, institutional strength, and political willingness of the neighboring states; and (3) the prevalent socioeconomic conditions of the neighboring states, with reference to the regional economic characteristics of the borderlands. In addition, we discuss the methodology and introduce the case studies that illustrate and test the theoretical argument.

Chapter 6 examines the creation of the positive laws of war in the late 19th and early 20th centuries, focusing specifically on the diplomatic negotiations that led to the 1899 and 1907 Hague Conventions and the 1923 Hague Draft Rules on Air Warfare. It shows how emotional framing shaped the creation of the idea of lawful military targets in international law. Further, it examines the permissive effects of the laws of war by examining how norms regarding lawful military targets shaped Allied bombing policies in the European theatre of World War II. Although anti-civilian targeting norms were certainly violated many times during World War II strategic bombing, this chapter shows that these norms did have an effect in some situations. Further, they shaped how the Allies justified their policies to the public.

In this chapter, we assess the links between the peaceful borders of the Southern African countries and the occurrence and proliferation of illicit transnational flows. Peace broke out in Southern Africa following the end of the regional and civil wars involving South Africa and its neighbors, and especially the domestic peaceful change that took place in South Africa in 1994, ending the apartheid regime and leading to the normalization of relations between South Africa and its neighbors. The threat of interstate warfare and violence in the SADC region has receded in the last twenty years, as the region has experienced a significant transition from war to stable peace. At the same time, in the aftermath of peace and integration, open and porous peaceful borders among the Southern African countries have enabled the occurrence and proliferation of both licit and illicit flows.

This chapter examines the early emergence of civilian protection norms in medieval Europe and traces their development in the religious and secular strands of just war theory. It argues that the Peace of God played social movement in medieval Europe played a key role in the emergence of the principle of civilian immunity. Second, it shows that the theory set forth in Chapter 2 provides a useful account of how the principle of civilian immunity arose in medieval Europe and why it persisted from the medieval period through the Enlightenment. Throughout, it examines the arguments of key just war theorists and international lawyers, including Augustine, Aquinas, Vitoria, Suarez, Grotius, and Vattel.

By considering effectiveness beyond formal normative sources and titles of the subjects implicated in the territorial situation, international human rights law is interpreted and applied in a manner that renders human rights practical and effective in matters of the applicability and scope of international human rights obligations, international responsibility for their breaches and international monitoring mechanisms. This normalising role of international human rights law has an important limit, the rights of States under general international law, and three hidden consequences: the effective use of the residual powers by the territorial State; the consolidation of the subject de facto controlling the area; and an activism required from multiple actors.