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How laws are created, shaped, and applied is a significant but often overlooked component of studies on armed conflict. Almost every contentious legal question involves aspects of law-making and shaping, be it the determination of a rule's scope of application, whether and how to regulate a “new” situation, or determining which sources and materials to take into account. As such, all who operate in this space - whether academic, practitioner, policy-maker, or legal advisor - must appreciate and understand the forces, factors, and actors which converge to make and shape the ever-developing law of armed conflict.This volume brings together several key contributors to explore this making and shaping in depth. A variety of aspects of law-making and shaping are analyzed, from the methodology behind identifying principles and rules of law, to what weight should be given to the views of particular actors, to the various forums where the law is made and shaped. It examines foundational materials of the law of armed conflict including the 1949 Geneva Conventions and considers the influence of a wide scope of actors, ranging from States, the International Committee of the Red Cross, and international courts and tribunals through to expert groups, commissions of inquiry, and non-state armed groups. This volume also asks us to broaden our gaze beyond spaces where the law is traditionally created to uncover different types of making and unmaking
This volume investigates the complex mechanisms, actors, and methodologies that define how the law of armed conflict is created, interpreted, and evolved over time. Edited by Captain Christian R. Burne and Sandesh Sivakumaran, the text compiles contributions from diverse legal experts to examine the intersection of theory and practice. It argues that understanding the development of these legal frameworks is essential for practitioners, academics, and policy-makers navigating modern conflict scenarios.
What You Will Find
Experts identify this collection as a significant contribution to the study of international humanitarian law, particularly for its focus on the procedural aspects of legal evolution. Readers frequently note the academic density of the prose, making it a valuable resource for legal advisors and scholars engaged in the practical application of the law of armed conflict.
Page Count:
408
Publication Date:
2024-01-01
Publisher:
Oxford University Press
ISBN-10:
0197775136
ISBN-13:
9780197775134
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