The human dimension of international law : selected papers

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The human dimension of international law : selected papers

Antonio Cassese

Oxford University Press, 2008

  • : hbk

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

This book collects together the most important papers of Antonio Cassese, the first President of the International Criminal Tribunal for the former Yugoslavia and chairman of the UN Commission of Inquiry into the crimes committed in Darfur. Written over a period of 25 years, from 1974 to 2001, the papers chart the development of Cassese's thought on the central issues that have shaped his life's work: the laws relating to armed conflict, respect of individual rights and the prosecution of individuals for international crimes. Emerging from the papers is Cassese's vision of the individual and human dignity as the lynchpin of the international legal system, and the need to balance the fact of statehood as an essential feature of modern international society with the protection of individual rights. In a new paper, written especially for the collection, Cassese looks back over the development of his understanding of international law and presents his current view of the issues discussed throughout the volume. The volume also features an exhaustive bibliography of Cassese's publications, and biographical notes from Cassese's colleagues. By gathering together the most important writings of one of the pre-eminent figures in contemporary international criminal justice, this collection provides not only the definitive statement of Cassese's thought, but a unique insight into some of the key developments in international law over the last quarter of the twentieth century.

目次

  • I THE HUMAN DIMENSION OF WARS
  • A. GENERAL
  • 1. Current trends in the Development of the Law of Armed Conflict
  • 2. The Martens Clause: Half a Loaf or Simply Pie in the Sky?
  • 3. Revolution and International Law
  • B. CLASSES OF WARS AND BELLIGERENTS
  • 4. Wars of National Liberation and Humanitarian Law
  • 5. Civil War and International Law
  • 6. The Spanish Civil War and the Development of Customary Law Concerning Internal Armed Conflicts
  • 7. The Status of Rebels under the 1977 Geneva Protocol on Non-International Armed Conflicts
  • C. MEANS OF WARFARE
  • 8. The Prohibition of Indiscriminate Means of Warfare
  • 9. Weapons Causing Unnecessary Suffering: Are They Prohibited?
  • 10. Means of Warfare: The Traditional and the New Law
  • D. MILITARY OCCUPATION
  • 11. Powers and Duties of an Occupant in Relation to Land and Natural Resources
  • 12. Legal Considerations on the International Status of Jerusalem
  • II OUR COMMON RIGHTS
  • A. TORTURE AND INHUMAN OR DEGRADING TREATMENTS
  • 13. Prohibition of Torture and Inhuman or Degrading Treatment or Punishment
  • 14. Can the Notion of Inhuman and Degrading Treatment be Applied to Socio-Economic Conditions?
  • 15. A New Approach to Human Rights: The European Convention for the Prevention of Torture
  • 16. The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment Comes of Age
  • B. ECONOMIC ASSISTANCE AND HUMAN RIGHTS
  • 17. Foreign Economic Assistance and Respect for Civil and Political Rights: Chile - A Case Study
  • 18. Foreign Economic Assistance and Human Rights: Two Different Approaches
  • 19. A 'Contribution' by the West to the Struggle against Hunger: the Nestle affair
  • III FIGHTING STATE AND INDIVIDUAL CRIMINALITY
  • A. STATE 'CRIMINALITY' V. INDIVIDUAL'S CRIMINAL LIABILITY
  • 20. Remarks on the Present Legal Regulation of Crimes of States
  • 21. On the Current Trends towards Criminal Prosecution and Punishment of Breaches of International Humanitarian Law
  • B. INTERNATIONAL CRIMES OF INDIVIDUALS
  • 22. The International Community, Terrorism and Human Rights
  • 23. Terrorism is also Disrupting Some Crucial Legal Categories of International Law
  • 24. Crimes against Humanity: Comments on Some Problematical Aspects
  • C. RESPONDEAT SUPERIOR V. SUBORDINATES' LIABILITY
  • 25. Abraham and Antigone: Two Conflicting Imperatives
  • D. NEW DEVELOPMENTS IN INTERNATIONAL CRIMINAL JUSTICE
  • 26. The Statute of the International Criminal Court: Some Preliminary Reflections

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