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The persistent objector rule is said to provide states with an 'escape hatch' from the otherwise universal binding force of customary international law. It provides that if a state persistently objects to a newly emerging norm of customary international law during the formation of that norm, then the objecting state is exempt from the norm once it crystallises into law. The conceptual role of the rule may be interepreted as straightforward: to preserve the fundamentalist positivist notion that any norm of international law can only bind a state that has consented to be bound by it. In reality, however, numerous unanswered questions exist about the way that it works in practice. provides a detailed understanding of how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law. It argues that the persistent objector rule ultimately has an important role to play in the mixture of consent and consensus that underpins international law.
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"The legal rules governing the use of force between States are one of the most fundamental, and the most controversial, aspects of international law. An essential part of this subject is the question of when, and to what extent, a State may lawfully use force against another in self-defence. However, the parameters of this inherent right remain obscure, despite the best efforts of scholars and, notably, the International Court of Justice. This book examines the burgeoning relationship between the ICJ and the right of self-defence. Since 2003 there have been three major decisions of the ICJ that have dealt directly with the law governing self-defence actions, in contrast to only two such cases in the preceding fifty years. This, then, is an opportune moment to reconsider the jurisprudence of the Court on this issue. This book is the first of its kind to comprehensively draw together and then assess the merits of this jurisprudence. It argues that the contribution of the ICJ has been confused and unhelpful, and compounds inadequacies in existing customary international law. The ICJ's fundamental conception of a primary criterion of 'armed attack' as constituting a qualitatively grave use of force is brought into question. The book then goes on to examine the underlying causes of the problems that have emerged in the jurisprudence on this crucial issue."--Bloomsbury Publishing.
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Collective self-defence can be defined as the use of military force by one or more states to aid another state that is an innocent victim of armed attack. However, it is a legal justification that is open to abuse and its exercise risks escalating conflict. Recent years have seen an unprecedented increase in the number of collective self-defence claims. It has been the main basis for US-led action in Syria (2014-) and was advanced by Russia in relation to its full-scale invasion of Ukraine (2022-). Yet there still has been little analysis of collective self-defence in international law. This book crucially progresses the debate on various fundamental and under-explored questions about the conceptual nature of collective self-defence and the requirements for its operation. Green provides the most detailed and extensive account of collective self-defence to date, at a time when it is being invoked more than ever before.
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In August 2008, long-standing tensions in the Caucasus region came to a head when Georgia dispatched troops into the de facto independent region of South Ossetia, with a view to re-establishing Georgian sovereignty over the area. In response, Russia launched a large-scale military intervention into the state of Georgia. Their use of force went beyond the boundaries of South Ossetia, into another breakaway region, Abkhazia, and also into Georgia Proper. In this volume, world-renowned scholars address multiple dimensions of that violent conflict and its aftermath, from the use of force to human rights and from transnational litigation to the use of international law 'rhetoric'. Drawing on a range of perspectives from International Law, as well as International Relations, the book probes the key issues arising from the particulars of the 2008 conflict and explores their wider implications for an international legal order based on the rule of law. This book is indispensable reading for all interested in the Euro-Asian region, and anyone searching for concrete examples with regard to the way that international law works today when inter-state conflicts erupt.
Humanitarian law --- Droit humanitaire --- Georgia (Republic) --- Russia (Federation) --- Géorgie (République) --- Russie --- International status --- Foreign relations --- Statut international --- Relations extérieures --- South Ossetia War, 2008 --- Russia --- International status. --- Géorgie (République) --- Relations extérieures --- Humanitarian law - Caucasus --- Georgia (Republic) - International status --- Georgia (Republic) - Foreign relations - Russia --- Russia - Foreign relations - Georgia (Republic)
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Group theory --- Ordered algebraic structures --- Algebra --- Mathematical analysis --- Discrete mathematics --- algebra --- analyse (wiskunde) --- discrete wiskunde --- wiskunde
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The first half of this book contains the text of the first edition of LNM volume 830, Polynomial Representations of GLn. This classic account of matrix representations, the Schur algebra, the modular representations of GLn, and connections with symmetric groups, has been the basis of much research in representation theory. The second half is an Appendix, and can be read independently of the first. It is an account of the Littelmann path model for the case gln. In this case, Littelmann's 'paths' become 'words', and so the Appendix works with the combinatorics on words. This leads to the repesentation theory of the 'Littelmann algebra', which is a close analogue of the Schur algebra. The treatment is self- contained; in particular complete proofs are given of classical theorems of Schensted and Knuth.
Group theory --- Ordered algebraic structures --- Algebra --- Mathematical analysis --- Discrete mathematics --- algebra --- analyse (wiskunde) --- discrete wiskunde --- wiskunde
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Adjudicating International Human Rights honours Professor Sandy Ghandhi on his retirement from law teaching. It does so through a series of targeted essays which probe the framework and adequacy of international human rights adjudication. Eminent international law scholars (such as Sir Nigel Rodley, Professor Javaid Rehman and Professor Malcolm Evans), along with emerging writers in the field, take Professor Ghandhi’s body of work—focussed on human rights protection through legal institutions—as a starting point for a variety of analytical essays. Adjudicating International Human Rights includes chapters devoted to human rights protection in a number of different institutional contexts, ranging from the ICJ and the Human Rights Committee to truth commissions and NAFTA arbitration tribunals.
Human rights. --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Law and legislation
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