Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

General Principles Of International Humanitarian And Human Rights Law: A Tool To Overcome The War-And-Peace Divide In International Law

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter aims to contribute to the critical reflections of the avantgarde refining and developing international law. To that end, it first analyses and categorises the variety of normative gaps identifiable in relation to the maintenance or restoration of international peace and security in contemporary international law. Second, the chapter discusses the relationship between normative gaps and the war-and-peace divide. Then, it assesses the effect of new approaches to maintaining and/or restoring international peace and security on the growth or shrinking of normative gaps. Next, the chapter presents an analysis of the key mechanism that has evolved in this field, namely, transitional authority to maintain and restore international peace and security. Finally, it demonstrates how transitional authority can be prevented from degenerating to the level of arbitrary power-brokering. General principles of international humanitarian and human rights law can prevent the emergence of normative gaps in the exercise of transitional authority.

Keywords: human rights law; international humanitarian law; international security; transitional authority; war-and-peace divide

10.1163/ej.9789004172968.i-390.18
/content/books/10.1163/ej.9789004172968.i-390.18
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Security: A Multidisciplinary Normative Approach — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation