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Judicial Reconstruction and the Rule of Law : Reassessing Military Intervention in Iraq and Beyond.
Challenging the dominant rhetoric of international rule of law operations, this work reasserts the centrality of the community in building its own relationship with law, counselling military interveners to refocus exclusively on restoring security using their extraordinary powers under international...
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Leiden :
BRILL,
2012.
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| Colección: | International humanitarian law series.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Judicial Reconstruction and the Rule of Law ; Copyright ; Obituary ; Dedication ; Contents ; Table of Abbreviations ; Acknowledgments ; Preface ; Introduction ; 1. The Failure of Rule of Law Operations: An Introduction to Iraq 2003-08.
- Chapter One: The Rule of Law in International Law
- A Reassessment 1.1 The Rule of Law in Military Operational Doctrine ; 1.2 The Rule of Law in International Legal Theory ; 1.2.1 Formalism v Substantivism ; 1.2.2 A Rule of Law Blueprint.
- 1.2.3 An Additional Complexity: The Rule of Law Blueprint as a Means to Other Ends 1.3 The Problem of Universality in Theory and in Current Law ; 1.3.1 A Non-Universal Legal Language and Culture ; 1.3.2 The Employment of Rule of Law Rhetoric to Other Ends.
- 1.3.3 Acceptable Derogation from Rights-Based Rule of Law Institutions in States of Emergency 1.3.4 Case Study: Derogability of the Right to a Fair Trial ; 1.4 The Rule of Law as a Negotiated Relationship Between Subjects and Law.
- 1.4.1 Applying the Relationship Theory of the Rule of Law to Current International Law 1.5 The Imperialist Agenda of the International Rule of Law ; 1.6 Conclusion ; Chapter Two: The General Legislative Competence of an Occupant as to the Domestic Rule of Law.