Theoretical boundaries of armed conflict and human rights / edited by Jens David Ohlin.
2016
KZ6355 .T48 2016 (Map It)
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Details
Title
Theoretical boundaries of armed conflict and human rights / edited by Jens David Ohlin.
Published
New York, NY : Cambridge University Press, 2016.
Call Number
KZ6355 .T48 2016
ISBN
9781107137936 (hardback)
1107137934 (hardback)
1107137934 (hardback)
Description
xiii, 402 pages ; 24 cm.
System Control No.
(OCoLC)927192514
Summary
"In the last two decades, human rights law has played an expanding role in the legal regulation of wartime conduct. In the process, human rights law and international humanitarian law have developed a complicated sibling relationship. For some, this relationship is viewed as a mutually reinforcing effort between like-minded regimes designed to civilize human behavior. For others, the relationship is a more complicated sibling rivalry. In this book, an unparalleled collection of legal theorists examine the relationship between these two bodies of law. Each chapter skillfully maps the possibilities of harmonization while, at the same time, raising cautionary flags about the limits of that project. The authors not only chart the existing state of the law, but also debate the normative implications of the continuing influence of human rights norms on current practices including torture, targeted killings, the conduct of non-international armed conflicts, and post-war state building."--Back cover.
Note
This book began with a conference in Washington, D.C. on November 8, 2013, co-sponsored by the Legal Theory Interest Group of the American Society of International Law (ASIL) and the Berger Program International Fund of Cornell Law School --Acknowledgments.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Added Author
Table of Contents
List of Contributors
xi
Acknowledgments
xiii
Introduction: The Inescapable Collision / Jens David Ohlin
1
pt. I
Convergence & Divergence of Human Rights and Laws of War
23
1.
Laws for War / Adil Ahmad Haque
25
2.
Human Rights Thinking and the Laws of War / David Luban
45
3.
Lost Origins of Lex Specialis: Rethinking the Relationship between Human Rights and International Humanitarian Law / Marko Milanovic
78
4.
Acting as a Sovereign versus Acting as a Belligerent / Jens David Ohlin
118
pt. II
Conceptual Limits of the Law of War Framework
155
5.
Ending the Global War: The Power of Human Rights in a Time of Unrestrained Armed Conflict / Jonathan Horowitz
157
6.
Folk International Law: 9/11 Lawyering and the Transformation of the Law of Armed Conflict to Human Rights Policy and Human Rights Law to War Governance / Naz K. Modirzadeh
192
7.
Use and Abuse of Analogy in IHL / Kevin Jon Heller
232
pt. III
New Frameworks for Regulating Armed Violence
287
8.
Forcible Alternatives to War: Legitimate Violence in 21st Century International Relations / Janina Dill
289
9.
Whither International Martial Law?: Human Rights as Sword and Shield in Ineffectively Governed Territory / John C. Dehn
315
10.
Next Geneva Convention: Filling a Law-of-War Gap with Human Rights Values / Brian Orend
363
Index
398