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Law-Making and Legitimacy in International Humanitarian Law

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Law-Making and Legitimacy in International Humanitarian Law

9781800883956 Edward Elgar Publishing
Edited by Heike Krieger, Professor of Public and International Law, Freie Universität Berlin, Co-Chair Berlin Potsdam Research Group ‘The International Rule of Law- Rise or Decline?’, and Max Planck Fellow, the Max Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany with Assistant Editor Jonas Püschmann, Max Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany
Publication Date: October 2021 ISBN: 978 1 80088 395 6 Extent: c 480 pp
International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.

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International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.

Investigating what law-making processes reveal about the overall state of this legal regime, this thought-provoking book shows that current developments display a far-reaching disagreement about the direction into which IHL should evolve. It explores the most relevant trends in the development of IHL including the absence of formal law-making by states, informal law-making through manual processes and the increasing role of sub and non-state actors.

Law-Making and Legitimacy in International Humanitarian Law will be of benefit to scholars and students of international law and relations, as well as practitioners working in the field of IHL, particularly in government ministries, international organizations and NGO’s
Critical Acclaim
‘Formally, states, and states alone, make and authoritatively interpret international humanitarian law. But this legalistic maxim hardly reflects the actual process by which IHL emerges and evolves. Law-Making and Legitimacy in International Humanitarian Law brings together general international law and humanitarian law experts to tease loose key aspects of this dynamic and assess their legitimacy. The first work to examine the foundational issue of IHL development critically and comprehensively, it is a must read for IHL scholars and practitioners.’
– Michael Schmitt, United States Military Academy at West Point, US and University of Reading School of Law, UK

‘This volume explores the interplay of law and legitimacy in relation to the law of armed conflict and includes contributions by a collection of noted scholars. It focuses on the role that various actors play in the process of developing, questioning and affirming international humanitarian law. It does so in an innovative and thought provoking way and will doubtless be of interest to both the legal theorist and the IHL specialist.’
– Terry Gill, University of Amsterdam, the Netherlands
Contributors
Contributors include: Jean d’Aspremont, Bill Boothby, Michael Bothe, Emily Crawford, Robert Cryer, Shane Darcy, Denise Garcia, Robin Geiß, Robert Heinsch, Jean-Marie Henckaerts, Hyeran Jo, Daniel Joyce, Stefan Kadelbach, Balingene Kahombo, Heike Krieger, Philip Liste, Timothy Meyer, Georg Nolte, Elvina Pothelet, Anni Pues, Jonas Püschmann, Thomas Rauter, Alejandro Rodiles, Tom Ruys, Cedric Ryngaert, Dale Stephens, Wouter G. Werner, Cindy Wittke

This title is available for institutional purchase via Elgaronline.

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