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2 results

  • 1 - Rules of War, Laws of War

  • Gary D. Solis, United States Military Academy
  • Book:
    The Law of Armed Conflict
    Published online:
    08 October 2021
    Print publication:
    21 October 2021, pp 1-33

  • Summary

    Chapter 1 relates a brief history of the law of war and the emergence of rules in conflicts. Those rules turned to royal mandates which, in turn, became laws that are today’s law of armed conflict, or LOAC. The chapter relates why modern states should obey the law of armed conflict – often referred to as “international humanitarian law.” The chapter details the five bases of LOAC: domestic laws, customary laws, treaties, judicial decisions, and publicists (i.e., academics). Common LOAC terms are explained to the student new to the subject. Finally, human rights, often seen as contrary or antagonistic to LOAC, particularly by the United States, is shown to now be complementary to LOAC, rather than contrary to it. This is essentially due to a still-evolving US position on the subject that is more willing to accept human rights objectives on the battlefield.

  • Nevsun: A Ray of Hope in a Darkening Landscape?

  • Upendra BAXI
  • Journal:
    Business and Human Rights Journal / Volume 5 / Issue 2 / July 2020
    Published online by Cambridge University Press:
    03 August 2020, pp. 241-251

  • This article explores some aspects of the Canadian Supreme Court’s decision on Nevsun Resources v Araya in the light of its exposition on the act of state doctrine and application of core human rights as an integral aspect of international customary law and common law. It examines the Nevsun decision in the context of recent statutory developments in France and the Netherlands, the promised law reform in the European Union, and the proposed business and human rights treaty. I argue that it is high time to abandon the doctrinal fossil that human rights obligations do not apply to corporate governance and operations. It is hoped that COVID-19 contexts, and a post-pandemic world, will expeditiously result in the willing adoption of a treaty on business and human rights.