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Bibliographic Information

Legal restraints on the use of military force : collected essays by Michael Bothe

edited by Thilo Marauhn and Barry de Vries

Koninklijke Brill NV, [2021]

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In English, with some chapters in French

Bibliographic information on the selected essays of Michael Bothe: p. [ix]-xi

Includes bibliographical references

Summary: "Professor Michael Bothe is one of the most prominent and influential scholars of international humanitarian law. His publications on legal restraints on the use of military force were not only important at the time of their publication. They continue to be relevant for the interpretation and further development of this highly important area of international law. This volume uniquely collects a wealth of writings that demonstrate that political ideals coupled with a sense of human responsibility can benefit from solid doctrinal underpinnings in international law. Michael Bothe's work brings together idealism, pragmatism and the law in a unique fashion that not only provides insights into important matters of every day politics but also serves as a stimulus for future contributions to the field. The volume thus provides guidance, food for thought and incentives for debate in the international legal community, among practitioners and academics alike. Michael's doctrinal skills, combined with his contex

Description and Table of Contents

Description

Professor Michael Bothe is one of the most prominent and influential scholars of international humanitarian law. His publications on legal restraints on the use of military force were not only important at the time of their publication. They continue to be relevant for the interpretation and further development of this highly important area of international law. This volume uniquely collects a wealth of writings that demonstrate that political ideals coupled with a sense of human responsibility can benefit from solid doctrinal underpinnings in international law. Michael Bothe's work brings together idealism, pragmatism and the law in a unique fashion that not only provides insights into important matters of every day politics but also serves as a stimulus for future contributions to the field. The volume thus provides guidance, food for thought and incentives for debate in the international legal community, among practitioners and academics alike. Michael's doctrinal skills, combined with his contextualized assessment of the law, and his deep empathy for the needs of human beings in difficult situations, with a particular view to the victims of armed conflict, will provide a stimulus to scholars to address these issues in the future.

Table of Contents

Bibliographic Information on the Selected Essays of Michael Bothe An Introduction to Michael Bothe's Writings on "Legal Restraints on the Use of Military Force" PART 1 Basic Issues 1 Legal and Non-Legal Norms A Meaningful Distinction in International Relations? 2 Les Limites des Pouvoirs du Conseil de Securite 3 Security Council's Targeted Sanctions against Presumed Terrorists The Need to Comply with Human Rights Standards 4 Limits to the Use of Force Imposed by International Law Current Problems 5 Will Current International Crises Result in Structural Shifts in International Law? PART 2 International Security 6 Terrorism and the Legality of Pre-emptive Force 7 Peacekeeping and International Humanitarian Law Friends or Foes? PART 3 Arms Control 8 Obligations and Protection of Individuals 9 Verification of Disarmament Treaties 10 Non-Proliferation of Weapons of Mass Destruction Treaty Regimes between Efficiency and Discrimination PART 4 The Law of Armed Conflict: General Questions 11 Le Droit de la Guerre Et les Nations Unies A Propos des Incidents Armes au Congo 12 The Historical Evolution of International Humanitarian Law, International Human Rights Law, Refugee Law and International Criminal Law 13 Multiculturalism and the Development of International Humanitarian Law 14 Setting the Scene New Technologies - New Challenges for IHL? 15 De Facto Control of Land or Sea Areas Its Relevance under the Law of Armed Conflict, in Particular Air and Missile Warfare 16 The International Committee of the Red Cross and the Additional Protocols of 1977 PART 5 Conduct of Hostilities: Protecting the Environment 17 Protection of the Environment in Times of Armed Conflict 18 Legal Restraints on Targeting Protection of Civilian Population and the Changing Faces of Modern Conflict 19 The Ethics, Principles and Objectives of Protection of the Environment in Times of Armed Conflict 20 The ILC Special Rapporteur's Preliminary Report on the Protection of the Environment in Relation to Armed Conflicts An Important Step in the Right Direction 21 Protection of the Environment in Relation to Armed Conflicts A Preliminary Comment on the Work of the International Law Commission PART 6 Protected Persons and Human Rights, Relief 22 Le Sort des Blesses et Malades Un but Fondamental de la Croix-Rouge 23 Relief Actions The Position of the Recipient State 24 Human Rights Law and International Humanitarian Law as Limits of Security Council Action PART 7 Occupation 25 Beginning and End of Occupation 26 Limits of the Right of Expropriation (Requisition) and of Movement Restrictions in Occupied Territory 27 Cutting off Electricity and Water Supply for the Gaza Strip Limits under International Law 28 The Right to Provide and Receive Humanitarian Assistance in Occupied Territories PART 8 Other Issues Concerning the Law of Armed Conflict 29 Neutrality in Naval Warfare What is Left of Traditional International Law? 30 Conflits Armes Internes et Droit International Humanitaire PART 9 Implementation and Enforcement of IHL 31 Fact-finding as a Means of Ensuring Respect for International Humanitarian Law 32 Remedies of Victims of War Crimes and Crimes against Humanities Some Critical Remarks on the icj's Judgment on the Jurisdictional Immunity of States 33 Prevention and Repression of Breaches of International Humanitarian Law 34 Complementarity Ensuring Compliance with International Law through Criminal Prosecutions - Whose Responsibility? 35 The Role of National Law in the Implementation of International Humanitarian Law

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