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Contents
- Preliminary Material
- Contents
- Abbreviations
- Table of Cases
- International Courts and Tribunals
- Economic Community of West African States (ECOWAS) Community Court of Justice
- European Court of Human Rights (ECtHR)
- European Court of Justice (ECJ)
- Inter-American Court of Human Rights (IACtHR)
- International Centre for the Settlement of Investment Disputes (ICSID)
- International Court of Justice (ICJ)
- International Criminal Court (ICC)
- International Criminal Tribunal for the Former Yugoslavia (ICTY)
- International Criminal Tribunal for Rwanda (ICTR)
- International Tribunal for the Law of the Sea (ITLOS)
- Permanent Court of Arbitration (PCA)
- Permanent Court of International Justice (PCIJ)
- World Trade Organization (WTO)
- Ad Hoc International Arbitrations
- Other International Bodies
- National Courts
- International Courts and Tribunals
- Table of Instruments
- List of Contributors
- Main Text
- Introduction
- Part I International Law and Global Security
- Ch.1 The Concept of Security in International Law
- Ch.2 The Global Security Agenda: Securitization of Everything?
- Ch.3 The Transformation of Security Concepts: Beyond the State
- Ch.4 Transnationalization of Security
- Ch.5 Gendered Security
- Ch.6 Accidently Insecure
- Ch.7 Global Security and Neurophilosophy: Understanding the Human Factor
- A Introduction
- B Neurophilosophy and Global Security
- 1 A Reappraisal of Emotions
- 2 Neurophilosophy of Human Nature and Implications for Global Security
- 3 Emotional Amoral Egoism of States
- 4 Just Power and Transcultural Understanding
- 5 From International to Transcultural Understanding
- 6 Neuroscience of Divisive Politics
- 7 A Neurochemical Understanding of Power—Implications for Governance
- C A Future Redefined by Technology: ‘Game-Changers’ and Existential Risks
- D Conclusion
- Part II Predominant Security Challenges and International Law
- National and Transnational Security
- Ch.8 Corruption and Global Security
- Ch.9 Internal Strife and Insurgency
- Ch.10 International Law and State Failure
- Ch.11 Terrorism and the Security Council
- A Introduction
- B Terrorism as a General Threat to Peace?
- C A Quasi-permanent Counter-terrorism Sanctions Regime
- D United Nations Security Council-mandated Anti-terror Measures: Indeterminacy and Implications
- E Conclusion
- Ch.12 Transnational Organized Crime
- International Security
- Ch.13 Aggression
- A Introduction
- B Act of Aggression under Article 39 UN Charter
- 1 The Legal Significance of the Concept of Act of Aggression within the UN Charter Collective Security System
- 2 ‘Act of Aggression’ as a Legal Concept
- 3 Indications Regarding the Meaning in the UN Charter and the 1974 Definition of Aggression
- a ‘Use of Force by a State’
- b ‘Against the Sovereignty, Territorial Integrity or Political Independence of Another State, or in any other Manner Inconsistent with the Charter of the United Nations’
- c ‘In the International Relations’
- d Two Forms of an ‘Indirect’ Use of Force
- e Instances of a Use of Force Beyond Article 3 of the 1974 Definition of Aggression
- f The Gravity Requirement
- g The Unlawfulness of the Use of Force
- 4 The Practice of the Security Council
- 5 The Practice of the General Assembly
- 6 The International Court of Justice
- 7 Conclusion
- C Aggression and Aggravated State Responsibility for a Serious Breach of a Peremptory Norm
- D The Crime of Aggression
- E Aggression: An International Legal Concept on the Move Towards Clarification?
- F A Look Ahead
- Ch.14 Armed Conflicts, International Law, and Global Security
- Ch.15 Contested Territory
- A Introduction: The Many Geographies of Contested Territory and the Modes of Acquisition
- B Eras of Contestation and Eras of Doctrine
- C Non-judicial Responses to Territorial Disputes
- D Courts, Tribunals, and the Legal Framework for Territorial Contestation
- E Recognition and State Action
- F Reconsidering Doctrine
- G (Re-)Emerging Issues and Challenges
- H Conclusion
- Ch.16 Maritime Security
- Ch.17 International Disarmament and Arms Control: In the Middle of a Paradigm Shift?
- Ch.18 Nuclear Non-proliferation and Disarmament under International Law
- Ch.13 Aggression
- Human Security
- Ch.19 Atrocity Crimes and Large-scale Human Rights Violations
- Ch.20 Civilian Protection in Armed Conflict
- Ch.21 Human Trafficking and Slavery
- Ch.22 Institutionalized Inhumanity: From Torture to Assassination
- Ch.23 Migration, Displacement, Security, and International Law
- Ch.24 States and Non-State Actors and Human Security
- Economic and Resource Security
- Ch.25 Energy Security in International Law
- Ch.26 Financial Crises
- Ch.27 Food Security
- A Introduction: Food Insecurity as a Threat to Global Security
- B Legal Framework
- C Contemporary Challenges to Global Food Security
- D Conclusion
- Ch.28 Humanitarian Relief in Situations of Armed Conflict
- A Introduction
- B The Rules of International Humanitarian Law Regulating Collective Humanitarian Relief Operations for Civilians
- 1 Offers to Carry Out Humanitarian Activities
- 2 State Consent to Humanitarian Relief Operations
- 3 Withholding of Consent
- 4 The Obligation to Allow and Facilitate Passage and to Respect and Protect Personnel and Assets
- 5 Concluding Reflections on IHL Rules Regulating Collective Humanitarian Relief Operations for Civilians
- C Counter-terrorism Measures and Humanitarian Action
- 1 Counter-terrorism Prohibitions on Assistance to Designated Groups
- 2 The Interplay with Humanitarian Action
- 3 The Consequences on Principled Humanitarian Action
- 4 Banking Sector Restrictions
- 5 Reducing the Tensions
- 6 The Way Forward
- 7 Concluding Reflections on Counter-terrorism Measures and Humanitarian Action
- D Conclusion
- Ch.29 Water Security
- Environmental Security
- Ch.30 Climate Change and Security
- Ch.31 International Disaster Law
- A Introduction
- B Legal Framework
- 1 Sources
- 2 The Scope of International Disaster Law
- 3 General Rules and Principles
- a Duty to Cooperate
- b Duty to Reduce Disaster Risk
- c Duty to Ensure the Protection of Persons
- d Duty to Seek External Assistance
- e Right to Offer Assistance
- f Duty to Give Due Consideration to Requests for Assistance
- g The Role of Consent
- h Conditionality
- i Duty to Protect Humanitarian Personnel, Equipment, and Goods
- j Duty to Facilitate Assistance
- 4 Practical Rules for the Facilitation of Disaster Relief Assistance
- C Conclusion
- Ch.32 Pandemics and Other Health Emergencies
- Ch.33 Wild Fauna and Flora Protection
- Technological Security
- Ch.34 Artificial Intelligence and Robotization
- Ch.35 Biosecurity
- Ch.36 Cybersecurity and International Law
- Ch.37 Outer Space Security
- National and Transnational Security
- Part III Security Governance Tools
- Ch.38 National Security, Surveillance, and Human Rights
- A Setting the Scene: A National Security/Surveillance Psychosis in the Post 9/11 World?
- B The European Court of Human Rights and Domestic Surveillance Laws: An Overview
- C Criteria Used to Assess the Compatibility of Surveillance Laws with the ECHR
- D The Way Forward: From Big Brother Watch 2 to New High-tech Cases?
- Ch.39 Peace Diplomacy and Conflict Prevention
- Ch.40 International Courts and Tribunals and Violent Conflict
- A Introduction: Optimism at Vevey (1872)
- B Courts and Conflicts: The Evolving Legal Framework
- 1 Grand Schemes: World Courts as Guardians of World Peace?
- 2 ‘Realistic Horizons’: International Courts on the Margins
- 3 An ‘Age of Adjudication’? International Courts Renascent
- C Litigating Conflicts Today: Status Quo and Current Challenges
- 1 Judicialization by Design: Discrete Aspects of Violent Conflicts Entrusted to Binding Settlement
- 2 ‘Oblique Paths’: Conflict Litigation before the World Court
- 3 Linkages and Creeping Jurisdiction: Conflict Litigation before Specialist Courts
- D Concluding Thoughts
- Ch.41 Criminal Prosecution
- A The International Prosecution of International Crimes
- B International Crimes and their Connection with an Armed Conflict: War Crimes
- C International Crimes Independent from an Armed Conflict: Crimes against Humanity
- D International and Domestic Prosecution of International Crimes
- E Criminal Prosecution and Maintenance of Peace and Security
- F The Impact of International Criminal Prosecution in the Countries Concerned
- Ch.42 We Who Are Not as Others: Sanctions and (Global) Security Governance
- Ch.43 United Nations Peacekeeping: A View from the Ground
- Ch.44 Responsibility to Protect and Humanitarian Intervention: From Apology to Utopia and Back Again
- Ch.45 The Use of Force
- Ch.38 National Security, Surveillance, and Human Rights
- Part IV Power Politics, International Law, and Global Security
- Ch.46 China
- Ch.47 Europe
- Ch.48 The Global South and the Law and Governance of Global Security: Towards a Scholarship on the Global Ecology of Insecurities
- Ch.49 India
- A Introduction
- B Legal Framework: The Role of International Law
- C Recent Developments and Contemporary Challenges
- 1 India’s Neighbourhood
- 2 Weapons of Mass Destruction
- 3 The War on Terror
- 4 Maritime Security
- 5 International Space Law
- 6 UN Peacekeeping
- 7 Economic Security
- 8 Environmental Security
- 9 Non-Governmental Organizations and Internal Security
- 10 Refugees and Illegal Migration
- 11 Water Conflicts
- 12 Cybersecurity
- 13 Views on the Responsibility to Protect
- D Conclusion and Outlook
- Ch.50 The Russian Federation
- Ch.51 The United States
- Part V Global and Regional Security Mechanisms
- Ch.52 The Association of Southeast Asian Nations and Southeast Asia’s Regional Security
- Preliminary Material
- A Introduction
- B Constructing ‘Southeast Asia’ and ASEAN
- C Incrementalism in Regional Security Cooperation
- D From Incrementalism to a Distinct ASEAN Political-Security Community under the ASEAN Charter
- E Conclusion: Musyawarah/Mufakat Decision-making under the ASEAN Charter and Future Regional Security
- Ch.53 The African Union: Security Governance under the African Peace and Security Architecture
- A Introduction: African (In)Security and the APSA
- B The Backstory to African Solidarity in Strife
- C The Anatomy of the APSA: Partnerships
- D Institutional Interventions under the APSA
- 1 Early Warning under the Continental Early Warning System
- 2 Diplomatic Interventions: The Panel of the Wise
- 3 Mediation at the African Union and the Regional Economic Communities
- 4 Peace Support Operations under the African Standby Force
- 5 Financing the African Peace and Security Architecture under the African Union Peace Fund
- E Conclusion
- Ch.54 The European Union
- Ch.55 Interpol—The International Criminal Police Organization
- Ch.56 Non-Governmental Organizations: Their Relevance and Impact in the International Law of Global Security
- Ch.57 The North Atlantic Treaty Organization
- Ch.58 The Organization for Security and Co-operation in Europe
- A Introduction
- B The OSCE as a Political Arrangement
- C Legal Context of the Organization for Security and Co-operation in Europe
- D Leadership, Bodies, and Structures
- E Status of the Organization’s International Legal Personality and its Impact
- F The OSCE as a Regional Arrangement under the United Nations Charter
- G The Three Dimensions of the Organization’s Work
- H Outlook
- Ch.59 The Role of the United Nations in Shaping Global Security Law
- A Introduction
- B Legal Framework: The UN’s Central Role in the Law of Global Security
- C Changing Character of Conflict, and Response
- 1 The Cold War and the Veto
- 2 Post-Cold War: The Security Council as Activist Legislator
- 3 From ‘New Interventionism’ to R2P: The Council’s Role in Internal Wars
- 4 Human Rights and International Criminal Law
- 5 Defensive Use of Force in an Era of Global Terrorism
- 6 The International Law of Counter-terrorism
- 7 Containing Weapons of Mass Destruction (WMD)
- D Critiques of the United Nations’ Role in the Law of Global Security
- E The Future of Global Security and the UN
- Ch.52 The Association of Southeast Asian Nations and Southeast Asia’s Regional Security
- Further Material