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Books on the topic 'Post-bellum'

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Published: 4 June 2021
Last updated: 1 February 2022

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1

Stahn, Carsten, and Jann K. Kleffner, eds. Jus Post Bellum. T.M.C. Asser Press, 2008. http://dx.doi.org/10.1007/978-90-6704-719-7.

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2

Sarajevo post bellum: 1991.-2004. šahinpašić, 2004.

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3

Stahn, Carsten. Jus Post Bellum: Mapping the Normative Foundations. Oxford University Press, 2014.

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4

Morality, jus post bellum, and international law. Cambridge University Press, 2012.

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5

May, Larry, and Andrew Forcehimes, eds. Morality,Jus Post Bellum, and International Law. Cambridge University Press, 2012. http://dx.doi.org/10.1017/cbo9781139161916.

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6

Körner, Vladimír. Post bellum 1866: Dvě variace na prohranou válku. Československý spisovatel, 1986.

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7

Gosson, Louis C. Post-bellum campaigns of the Blue and Gray, 1881-1882. Naar, Day & Naar, Printers, 1990.

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8

Research handbook on international conflict and security law: Jus ad bellum, jus in bello and jus post bellum. Edward Elgar, 2013.

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9

Memory in black and white: Race, commemoration, and the post-bellum landscape. Altamira Press, 2003.

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10

name, No. Memory in black and white: Race, commemoration, and the post-bellum landscape. AltaMira Press, 2003.

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11

The persistent advocate and the use of force: The impact of the United States upon the jus ad bellum in the post-cold war era. Ashgate Pub., 2010.

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12

Henderson, Christian. The persistent advocate and the use of force: The impact of the United States upon the jus ad bellum in the post-Cold War era. Ashgate Pub., 2010.

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13

Dao, Bei. Post bellum. Carl Hanser, 2001.

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14

Stahn, Carsten, Jennifer S. Easterday, and Jens Iverson, eds. Jus Post Bellum. Oxford University Press, 2014. http://dx.doi.org/10.1093/acprof:oso/9780199685899.001.0001.

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15

Mileham, Patrick, ed. Jus Post Bellum. Brill | Nijhoff, 2020. http://dx.doi.org/10.1163/9789004411043.

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16

May, Larry, and Elizabeth Edenberg. Jus Post Bellum and Transitional Justice. Cambridge University Press, 2015.

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17

May, Larry, and Elizabeth Edenberg. Jus Post Bellum and Transitional Justice. University of Cambridge ESOL Examinations, 2013.

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18

Mileham, Patrick. Jus Post Bellum: Restraint, Stabilisation and Peace. BRILL, 2020.

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19

Morality, Jus Post Bellum, and International Law. University of Cambridge ESOL Examinations, 2014.

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20

Stahn, Carsten, Jens Iverson, and Jennifer Easterday. Justice of Peace and Jus Post Bellum. Oxford University Press, 2019.

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21

Plakokefalos, Ilias. Reparation for Environmental Damage in Jus Post Bellum. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198784630.003.0012.

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This chapter explores the problems that environmental damage in armed conflict pose to the determination of shared responsibility, and especially the determination of reparations, in the context of the jus post bellum. When two actors are engaged in armed conflict, there arise no serious issues as to sharing responsibility for violations. But the fact that modern armed conflicts often involve more than two actors (e.g. Libya 2011) complicates the matters arising out of environmental harm, as there may be two or more actors contributing to the same harmful event. This is a typical situation of
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22

Bruch, Carl. Considerations in Framing the Environmental Dimensions of Jus Post Bellum. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198784630.003.0002.

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This chapter seeks to place the environmental provisions of jus post bellum in the broader context of environmental peacebuilding. In considering the efforts to articulate a new body of jus post bellum, particularly as it relates to natural resources and the environment, it presents three key observations. First, there is a large and diverse body of experience related to environmental peacebuilding that can inform the development and framing of jus post bellum, including through state practice and customary international law. This experience argues for a broad view of the environment in jus po
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23

Radics, Olivia, and Carl Bruch. The Law of Pillage, Conflict Resources, and Jus Post Bellum. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198784630.003.0007.

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This chapter explores the role of the law of pillage in the emerging body of jus post bellum with respect to temporal considerations as to its application; its relationship to the law of occupation; the scope of actors to whom pillage applies; and the legal and practical implications of approaching pillage as an economic crime. The chapter discusses questions such as to what extent does the law of pillage continue to apply during the post-conflict period and to whom does it apply? Would it include unelected transitional government officials who might be found liable for making decisions on nat
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24

McCaskill, Barbara, and Caroline Gebhard. Post-Bellum, Pre-Harlem: African American Literature and Culture, 1877-1919. NYU Press, 2006.

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25

Barbara, McCaskill, and Gebhard Caroline, eds. Post-bellum, pre-Harlem: African American literature and culture, 1877-1919. New York University Press, 2006.

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26

McCaskill, Barbara, and Caroline Gebhard. Post-Bellum, Pre-Harlem: African American Literature and Culture, 1877-1919. NYU Press, 2006.

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27

1971-, Stahn Carsten, and Kleffner Jann K, eds. Jus post bellum: Towards a law of transition from conflict to peace. T.M.C. Asser Press, 2008.

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28

Musa, Shavana. Victim Reparation under the Ius Post Bellum: An Historical and Normative Perspective. Cambridge University Press, 2019.

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29

Mills, Kurt. Winning Humanitarian Interventions? Problematizing Victory and jus post bellum in International Action to Stop Mass Atrocities. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198801825.003.0010.

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Much contemporary conflict bears little resemblance to traditional understandings of war. This is particularly the case for action intended to protect civilians in the midst of war and mass atrocities, as conceived of in the norm of the responsibility to protect. Humanitarian intervention is frequently invoked as an instance of just war. Yet, particularly within contemporary legal and political frameworks, this is a mischaracterization. It is not war in the traditional sense, although there may be war-like elements. It is more akin to police action, where certain international actors are uphol
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30

Das, Onita, and Aneaka Kellayv. Private Security Companies and Other Private Security Service Providers (PSCs) and Environmental Protection in Jus Post Bellum. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198784630.003.0014.

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A challenge to environmental protection and the jus post bellum framework is the rise in Private Security Companies and other Private Security Service Providers (PSCs). The marked increase in the outsourcing of vast amounts of operational and logistical work to PSCs have caused key issues around PSC oversight, regulation, and concern around civilian protection linked to environmental issues to arise. Using the Iraq (2003–11) and Afghanistan (2001–14) conflicts as examples, this chapter explores the growth of PSCs, their environmental performance, and reviews the adequacy of legal and policy fr
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31

Sjöstedt, Britta. The Ability of Environmental Treaties to Address Environmental Problems in Post-Conflict. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198784630.003.0004.

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This chapter examines how international environmental law pertains in the transition phase from armed conflict to peace (post-conflict). Environmental treaties have the ability to fill an institutional and a normative gap in a post-conflict context, which is often characterized by institutional collapse and low priority of environmental protection work. Most environmental treaties have treaty bodies that can ensure that the treaties apply to protect the environment, also after armed conflict, and could therefore be of relevance in the search for a framework of jus post bellum. The argument is
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32

Fabre, Cécile. War’s Aftermath and the Ethics of War. Edited by Seth Lazar and Helen Frowe. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780199943418.013.10.

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This chapter offers an account of the role and place of jus post bellum within just war theory and highlights avenues of inquiry on the aftermath of war that have been largely ignored. The author discusses recent arguments to the effect that jus ad bellum and jus in bello exhaust just war theory and that jus post bellum, far from being a key member of the family, in fact does much better as an outsider. The author claims, on the contrary, that there is ample space for jus post bellum within just war theory; in partial agreement with those arguments, however, the author agrees that a full accou
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33

Gentry, Caron E. Jus ad Bellum. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190846626.013.249.

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Alex J. Bellamy's Just Wars: From Cicero to Iraq (2006), Michael Walzer's Just and Unjust Wars (1977), and Larry May's Aggression and Crimes Against Peace (2008) are three significant works on Just War thinking that offer unique perspectives on the different facets of jus ad bellum. Bellamy's book is a historical examination of the evolution of Just War thinking. Walzer's book is a classic and a crucial component of the Just War canon; this book brought Just War considerations back into political conversations. While classical Realism dominated the post-World War II political landscape for its
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34

Hofmann, Ursign, and Pascal Rapillard. Post-Conflict Mine Action. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198784630.003.0017.

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Contamination from remnants of conflict is a legacy of many armed conflicts, threatening the environment and human security. Addressing these hazards, reopening access to resources and livelihoods and re-establishing basic security, mine action is a critical activity in the transition from conflict to peace. Yet, clearance of remnants on land may also lead to environmental damage. Furthermore, residual risks remain after clearance and states and mine action organizations may face liability in case of accidents. This chapter examines the negative environmental impact of remnants of conflict and
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35

Brunstetter, Daniel R. Justice after the Use of Limited Force. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198801825.003.0013.

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The development of the theory of jus ad vim (the justice of limited force) marks a new direction in just war thinking aimed at navigating the moral dilemmas that emerge when using limited force. While the just war tradition has an ever-growing body of scholarship on jus post bellum, this chapter explores whether the questions and principles are the same in a situation of limited force. In doing so, it examines what victory might look like in a situation of limited force, i.e. jus post vim. The chapter begins by explaining why we need to distinguish between jus post vim and jus post bellum. The
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36

Henderson, Christian. Persistent Advocate and the Use of Force: The Impact of the United States upon the Jus Ad Bellum in the Post-Cold War Era. Taylor & Francis Group, 2016.

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37

Payne, Cymie R. Defining the Environment. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198784630.003.0003.

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The principle of ‘environmental integrity’ is a fundamental aspect of jus post bellum. Human life, economy, and culture depend on a healthy, functioning environment. However, environmental integrity is a complex concept to describe. Doctrinal thresholds for legally material environmental damage (significant, long-term, widespread) do not capture it. This chapter interrogates the jus post bellum literature and then turns to scholarship on wilderness management in the Anthropocene era, which also engages with the meaning of ‘environmental integrity’, ‘naturalness’, ‘unimpaired’, or, in the words
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38

Stahn, Carsten, Jens Iverson, and Jennifer Easterday. Introduction. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198784630.003.0001.

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Protection of the environment and natural resources is a key element in the transition from armed conflict to peace. Most academic studies have focused on classical peacetime or conflict situations. The United Nations Environmental Programme (‘UNEP’) qualified the environment as a ‘silent casualty’ of armed conflict. Exploring the protection of the environment in the aftermath of armed conflict and its relationship to sustainable peace is a relatively novel perspective. This chapter establishes the relationship between jus post bellum and environmental protection. It suggests that jus post bel
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39

Stahn, Carsten, and Jens Iverson, eds. Just Peace After Conflict. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198823285.001.0001.

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The interplay between peace and justice plays an important role in almost any contemporary conflict. Peace and conflict studies have generally devoted more attention to conflict than to peace. Peace is often described in adjectives, such as negative/positive peace, liberal peace or democratic peace. But what elements make a peace just? Just war theory, peacebuilding, or transitional justice provide different perspectives on the dialectic relation between peace and justice and the methods of establishing peace after conflict. Experiences such as the Colombian peace process show that peace is in
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40

Easterday, Jennifer, and Hana Ivanhoe. Conflict, Cash, and Controversy. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198784630.003.0013.

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Addressing environmental concerns in a post-conflict setting is a difficult undertaking; yet addressing these concerns, particularly their cyclical nature, is vital to ensuring that post-conflict countries develop sustainably. Fundamental human rights may also be implicated where there is systematic environmental degradation and those rights infringements in turn can threaten efforts at peace and stability. Given the inadequacy of existing post-conflict country domestic and international hard law governing environmental rights and protections, voluntary and soft law norms and the corporate soc
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41

Fleck, Dieter. Legal Protection of the Environment. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198784630.003.0010.

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This chapter examines principles and rules on environmental protection in two critical situations: non-international armed conflicts and post-conflict peacebuilding. What kind of environmental obligations apply in bello between a government and rebels? In what sense are parties to the conflict accountable for environmental devastation? May states be liable also for injurious consequences of acts not explicitly prohibited under international law? How can their obligations be enforced? Furthermore, issues of post-conflict peacebuilding are discussed to explore whether specific principles and rul
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42

Stahn, Carsten, Jens Iverson, and Jennifer S. Easterday, eds. Environmental Protection and Transitions from Conflict to Peace. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198784630.001.0001.

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This book is the first targeted work in the legal literature that investigates environmental challenges in the aftermath of conflict. The volume brings together academics, policy-makers, and practitioners from different disciplines to clarify policies and practices of environmental protection and key legal considerations related to normative frameworks (e.g. international environmental law, international humanitarian law, transitional justice, and human rights), the treatment of substantive principles (e.g. proportionality under jus in bello and jus post bellum, environmental integrity), ‘shar
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43

Brunstetter, Daniel R. Just and Unjust Uses of Limited Force. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192897008.001.0001.

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Limited force—no-fly zones, limited strikes, Special Forces raids, and drones strikes outside “hot” battlefields—has been at the nexus of the moral and strategic debates about just war since the fall of the Berlin Wall but has remained largely under-theorized. The main premise of the book is that limited force is different than war in scope, strategic purpose, and ethical permissions and restraints. By revisiting the major wars animating contemporary just war scholarship (Kosovo, Afghanistan, Iraq, the drone “wars,” and Libya) and drawing insights from the just war tradition, this book teases
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44

Patterson, Eric. Victory and the Ending of Conflicts. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198801825.003.0007.

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Scholars and political leaders have recently grown increasingly uncomfortable with terms like victory and ‘unconditional surrender’. One reason for this becomes clear when reconsidering the concept of ‘victory’ in terms of ethics and policy in times of war. The just war tradition emphasizes limits and restraint in the conduct of war but also highlights state agency, the rule of law, and appropriate war aims in its historic tenets of right authority, just cause, and right intention. Indeed, the establishment of order and justice are legitimate war aims. Should we not also consider them exemplar
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45

Payne, Cymie R. Developments in the Law of Environmental Reparations. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198784630.003.0015.

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The United Nations Compensation Commission (‘UNCC’) is a unique model for liability and compensation of environmental damage in an international context, influencing both jus in bello and jus post bellum. The UNCC provided a legal process that catalogued, assessed, and awarded money to pay to clean and repair the damaged soil, water, coastal ecosystems, and other harms resulting from the 1990–1 Gulf War. Its contributions include integration of environmental law principles into the reparations process; use of advanced techniques for assessment of environmental damage; and use of a multilateral
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46

Lobban, Michael. Legal Formalism. Edited by Markus D. Dubber and Christopher Tomlins. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780198794356.013.23.

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This chapter considers the era of ‘legal formalism’, which is usually taken to refer to the period in American legal thought between the 1860s and the 1920s, when a new generation of post-bellum treatise-writers and legal academics sought to discover the underlying principles of common law cases, and put them into a rational order. This period is sometimes also referred to as the era of ‘classical legal thought’. In contemporary jurisprudence, the term ‘formalism’ refers to a specific approach to adjudication and constitutional interpretation, which has its defenders as well as its critics. Ho
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47

Bazargan-Forward, Saba. Compensation and Proportionality in War. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198796176.003.0008.

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Virtually all wars inflict massive casualties on innocent civilians. Even if inflicting such casualties is justified all things considered, the victims are owed compensation—or so I argue. In doing so, I address two questions. First, who owes the compensatory duties in cases where the casualties were justifiably inflicted? I argue that those who authorize the justified infringements and who benefit from those harms must compensate the victims if the war’s unjust aggressor cannot or will not do so. Second, what happens if it is reasonable to surmise beforehand that we will culpably fail to disc
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48

Dam-de Jong, Daniëlla. Standard-setting Practices for the Management of Natural Resources in Conflict-Torn States. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198784630.003.0008.

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Natural resources have financed a number of armed conflicts in the last decades. Restoring governance over these natural resources to the government is an essential component of strategies to enable a transition to durable peace for resource rich states which have suffered from armed conflict. The UN Security Council has played a key role in efforts to break the link between natural resources and conflict financing, including by setting standards for the proper management of natural resources. This chapter identifies the standards that have been developed by the Security Council in relation to
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49

Gillett, Matthew. Eco-Struggles. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198784630.003.0011.

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This chapter examines the provisions of international criminal law applicable to serious environmental harm, particularly during non-international armed conflicts ('NIAC'). After describing incidents of serious environmental harm arising in armed conflicts, the analysis surveys the provisions of international criminal law applicable to environmental harm during NIACs, including war crimes, crimes against humanity, genocide, and aggression. It then examines the basis for extending to NIACs the protection against military attacks causing excessive environmental harm (set out in Art. 8(2)(b)(iv)
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50

Kammerhofer, Joerg. The Resilience of the Restrictive Rules on Self-Defence. Edited by Marc Weller. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199673049.003.0028.

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This chapter examines the resilience of the treaty, and perhaps also customary, law on self-defence since 2001. It first considers ‘resilience’ in the context of the jus ad bellum and how law can be resilient vis-à-vis changing circumstance, opinions, interpretation, and state practice. It then looks at the indicators for and against resilience by analysing post-2001 developments, paying particular attention to three areas: jurisprudence, scholarly literature in international law, and state and institutional practice. The chapter also explains what ‘resilience’ can and cannot be, and how the l
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