245 research outputs found
Revolution not Evolution: Protecting the rights of children in armed conflicts in the new millennium
No full textStuart Maslen and Shazia Islamshah argue that through the Machel Study and campaigns to end the use of landmines and child soldiers, children's rights in armed conflict have begun to receive the attention they deserve. They suggest that if the plight of children is to be genuinely tackled, there needs to be a fundamental refocus on children's rights if the new millennium is not simply to start as the present one has ended. Development (2000) 43, 28–31. doi:10.1057/palgrave.development.1110113
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The Treaty on the Prohibition of Nuclear Weapons ::a commentary /
No full textThis Commentary offers detailed background and analysis of the Treaty on the Prohibition of Nuclear Weapons, which was adopted at the UN Headquarters in New York in July 2017. The Treaty comprehensively prohibits the use, development, export, and possession of nuclear weapons. Stuart Casey-Maslen, a leading expert in the field who served as legal adviser to the Austrian Delegation during the negotiations of this Treaty, works through article by article, describing how each provision was negotiated and what it implies for states that join the Treaty. As the Treaty provisions cut across various branches of international law, the Commentary goes beyond a discussion of disarmament to consider the law of armed conflict, human rights, and the law on inter-state use of force. The Commentary examines the relationship with other treaties addressing nuclear weapons, in particular the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). Background on the development and possession of nuclear weapons and theories of nuclear deterrence is provided. Particular attention is paid to controversial issues such as assistance for prohibited activities, the meaning of 'threaten to use', and the definition of nuclear explosive devices. Casey-Maslen also considers whether a member of NATO or other nuclear alliance can lawfully become a state party to the Treaty
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The Treaty on the Prohibition of Nuclear Weapons ::a commentary /
No full textThis Commentary offers detailed background and analysis of the Treaty on the Prohibition of Nuclear Weapons, which was adopted at the UN Headquarters in New York in July 2017. The Treaty comprehensively prohibits the use, development, export, and possession of nuclear weapons. Stuart Casey-Maslen, a leading expert in the field who served as legal adviser to the Austrian Delegation during the negotiations of this Treaty, works through article by article, describing how each provision was negotiated and what it implies for states that join the Treaty. As the Treaty provisions cut across various branches of international law, the Commentary goes beyond a discussion of disarmament to consider the law of armed conflict, human rights, and the law on inter-state use of force. The Commentary examines the relationship with other treaties addressing nuclear weapons, in particular the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). Background on the development and possession of nuclear weapons and theories of nuclear deterrence is provided. Particular attention is paid to controversial issues such as assistance for prohibited activities, the meaning of 'threaten to use', and the definition of nuclear explosive devices. Casey-Maslen also considers whether a member of NATO or other nuclear alliance can lawfully become a state party to the Treaty
Jus ad bellum: The Law on Inter-State Use of Force by Stuart Casey-Maslen : the Law on inter-state use of force /
No full textTransposition of Requirements of the Right to Assemble in the Legislation of Administrative Law in the Slovak Republic
No full textAuthor of the study analyzes the transposition of requirements of the right to assemble in the legislation of administrative law in the Slovak Republic. He considers within his analysis the conditions set by the Convention for Protection of Human Rights and Fundamental Freedoms, by the Charter of Fundamental Rights and Freedoms, and by the Constitution of the Slovak Republic. In following paper he mostly builds on the arguments and on the doctrine presented by the European Court of Human Rights, Supreme Administrative Court of the Czech Republic, and the Constitutional Court of the Slovak Republic
Two controversies in the Lubanga trial judgment of the ICC : the nature of co-perpetration’s common plan and the classification of the armed conflict
No full textThis chapter focuses on two aspects of the International Criminal Court (ICC)’s Lubanga Trial Judgment. First, it investigates the common plan element of (direct) co-perpetration as a mode of liability, particularly the Trial Chamber’s holding that it need not be inherently criminal nor necessarily involve the commission of crimes. It demonstrates that this is inconsistent with other elaborations of the common plan element in prior ICC decisions, jurisprudence that was neither engaged nor addressed. It also questions the reliance by the Trial Chamber on Article 30 of the ICC Statute to arrive at this interpretation and contrasts its approach to that of the ad hoc tribunals in the context of joint criminal enterprise, which similarly contains a common plan element. Second, the chapter addresses the Trial Chamber’s assessment of the classification of the armed conflict, in particular its reliance on Tadić’s test of overall control to determine the existence of an international armed conflict (or not) when non-state armed groups function with the support of states. The author opines that contrary to increasingly popular belief, the fact that the Trial Chamber was classifying the conflict does not in of itself harmonise Tadić with the International Court of Justice’s competing test in Nicaragua of effective control, an ongoing source of debate that was neither flagged nor engaged. The author concludes that rather than letting such conflicting jurisprudence fester in the background unaddressed, it should be confronted, lest they return to unexpected and/or unwelcome results in the future
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The Anti-Personnel Mine Ban Convention ::a commentary /
No full text"Stuart Casey-Maslen's article-by-article commentary on the 1997 Anti-Personnel Mine Ban Convention [APMBC] addresses international law and state practice on anti-personnel mines in the first twenty-five years of the lifetime of this disarmament treaty"--Publisher
The unequal match [electronic resource] : a tale. By the author of The curious maid.
No full textAuthor of 'The curious maid' = Hildebrand Jacob.Verse.Printed by William Bowyer; his records show 100 copies printed (apparently a reimpression rather than a new edition).Signatures: [A]p2s Bp2s.Signatures from Maslen & Lancaster, and Foxon.Foxon,Maslen & Lancaster. Bowyer ledgers,Electronic reproduction.English Short Title Catalog,Reproduction of original from Harvard University Houghton Library
An epistle to a person of quality [electronic resource] : (exposing the vain pursuits of mankind.) By the author of several late epistles.
No full textAuthor of several late epistles = Hildebrand Jacob.Verse.Price from imprint: price Six Pence.Printed by William Bowyer; his records show the quantity variously as 500 or 250 copies.Signatures: [A]1 B-Cp2s.Signatures from Maslen & Lancaster, and Foxon.Foxon,Maslen & Lancaster. Bowyer ledgers,Electronic reproduction.English Short Title Catalog,Reproduction of original from Harvard University Houghton Library
Farewell 'specific direction' : aiding and abetting war crimes and crimes against humanity in Perišić, Taylor, Šainović et al., and US Alien Tort Statute jurisprudence
No full textIt is not an overstatement to posit that international criminal law (ICL) has never seen anything quite like what has been dubbed the ‘specific direction saga’. The drama began when the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) in the Perišić1 case acquitted the accused of crimes against humanity and war crimes on the basis that the actus reus of aiding and abetting required not only that he substantially contributed to the commission of crimes (by providing practical assistance, encouragement, or moral support), but also, since he was remote from the crimes, that such acts needed to be specifically directed towards the commission of crimes.2 This was the first time that such an element had been applied to this effect in the history of the ICTY and ICL. The rest, as they say, is history, as discussed in detail this chapter
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