Security

by Bailliet, Cecilia M.

• ISBN13: 9789004172968
• ISBN10: 9004172963
• Format: Hardcover
• Copyright: 2009-08-01
• Publisher: Martinus Nijhoff

Summary

Security is an all-encompassing term of art which is subject to diverse interpretations and understandings. It includes notions of protection against transnational threats, including terrorism, inter- and intra-state conflict, nuclear proliferation, forced migration, violation of women's rights, climate change, etc. The papers in this collection provide fresh voices in the security debate, uniting scholars from different fields of law and philosophy to address normative gaps in interpretation, evolution and application. Part I considers calls for an expanded mandate for the UN Security Council and regional international organisations. Part II reviews innovations within the arena of international humanitarian law, including whether it is possible to balance human rights and humanitarian law standards in peacekeeping operations, responses to "voluntary human shielding", and normative evolution in the removal of anti-personnel mines and the ban on cluster munitions. Part III embarks upon the realm of Ethics and Democracy: assessing the engagement of private soldiers and the legitimacy of targeted strikes pursuant to the "responsibility to prevent terrorism". It also considers internal conflicts within the notion of "democratic security", affirms the procedural guarantees ofhabeas corpusand non-refoulement as central elements of global justice, and calls for evaluation of gender equity as a measure of state fragility. Part IV confronts the global challenge of climate change as a security threat. Finally, Part V provides a practitioner's perspective which discusses possible grounds for a gap between academics and security practitioners.

Author Biography

Cecilia M. Bailliet is Professor of Law and Director of the Masters Program in Public International Law at the University of Oslo, Norway. Her teaching, research, and publications combine cross-field perspectives, including International Public Law, Human Rights, Humanitarian Law, and Refugee Law. She serves as consultant to international and national actors engaged within the field of Refugee Law.

Table of Contents

Foreword	p. ix
Introduction	p. 1
The Overarching Security Framework in International Law
The Concept of Security in International Law Relating lo Armed Conflicts 3	p. 7
International Security and International Organisations: Considerations under International Law	p. 23
Approaching Security through the Application of International Humanitarian Law: A Review of Normative Gaps and Innovations
General Principles of International Humanitarian and Human Rights Law: A Tool to Overcome the War-and-Peace Divide in International Law	p. 49
A Critical Decision Point on the Battlefield - Friend, Foe or Innocent Bystander	p. 91
The Obligation to Remove and Destroy Anti-Personnel Mines and Explosive Remnants of War in Peace Operations	p. 117
A New Treaty Banning Cluster Munitions: The Interplay between Disarmament Diplomacy and Humanitarian Requirements	p. 137
Conflicting Definitions of Security within the Realm of Ethics and Democracy
Private versus Citizen-Soldiers: New Mercenarism in a Just-War Framework	p. 157
The "Unrule" of Law: Unintended Consequences of Applying the Responsibility to Prevent to Counterterrorism, A Case Study of Colombia's Raid in Ecuador	p. 175
Democratic Security	p. 231
Global Procedural Rights and Security	p. 249
Women's Security/State Security	p. 261
Environmental Security
Security in a "Warming World": Competences of the UN Security Council for Preventing Dangerous Climate Change	p. 291
Environmental Security and the UN Security Council	p. 313
A Practitioner's Perspective
Pragmatic Law for International Security	p. 345
List of Contributors	p. 367
Index	p. 371
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