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[...]... authors, variously, point to the Treaty of Westphalia, the end of the First World War, the devastation of the Second World Warandthe revelation of the Holocaust, andthe end of the Cold Warandthe experience of globalisation, as each prompting suggestions that internationallaw has been transformed as a result.3 One of the central questions for this book is whether theIraqWar (and its aftermath) is emblematic... shift in the design and application of law is a matter of perspective and argument At the national level, the value of such a designation is dubious For such a field as international law, which perhaps possesses lesser claims to the status of lawand is subject to so much debate and contrary projection, the possibility is even more problematic The vagaries of events, and responses in the name of international. .. Responsibility for Troops Abroad: UN-Mandated Forces and Issues of Human Rights Accountability 265 Keir Starmer 11 How will the European Court of Human Rights deal with the UK in Iraq? Lessons from Turkey and Russia 285 Bill Bowring 12 The Future for InternationalLaw after Iraq 313 Sir Nigel Rodley 13 Between Hope and Despair: TheIraqWarandInternationalLaw Futures? 329... under theInternational Covenant on Civil and Political Rights In 1998 he was knighted for services to Human Rights andInternationalLaw William A Schabas is director of the Irish Centre for Human Rights at the National University of Ireland, Galway, where he also holds the chair in human rights law He is an Officer of the Order of Canada and served as one of three international commissioners on the. .. shift And superficially, current world commentary might lead us to believe that theIraqWar is indeed indicative of a new epoch.4 Across many fronts of international legal discourse there is more than 1 Henkin pursues this argument in the context of internationallaw in International Law: Politics, Values and Functions’ (1989) 216 Recueil des Cours 22 2 See, for instance, A Cassese, International Law. .. international law, suggest that neat demarcations attached to time are suspect This is so particularly if one proclaims, as does Louis Henkin, that internationallawand politics are one andthe same.1 But, of course, that has not prevented analysts from identifying systemic changes that incite the development of ‘eras’ These in turn are assumed to help understand the role of internationallaw in the affairs... 276 France Declaration of the Rights of Man and of the Citizen 1789 288 Iraq CPA Memorandum No 4, Contract and Grant Procedures Applicable to Vested and Seized Iraqi Property andthe Development Fund for Iraq 2003 207 s 1 207 CPA Ministry of Justice National Policy Guidance 2003 206 App III 206 CPA Order No 1 on the De-Baathification of Iraqi Society 2003 187,... Professor of Law in the School of Law, Birkbeck, University of London He is a practising barrister at Field Court Chambers, Gray’s Inn He is currently a Fellow of the Human Rights Centre at the University of Essex Christine Chinkin is Professor of InternationalLaw at the LSE and a barrister, a member of Matrix Chambers Together with H Charlesworth, she won the American Society of International Law, 2005... Convention on the Law of Treaties 1969 66 Art 18 66–7 Art 31 29, 80 Art 31(2) .77 Art 31(3) .77 Art 32 80 Art 60 33 Art 60(1) .33 Art 60(5) .98 xxxiii 1 TheIraqWarandInternational Law: By Way of an Introduction ANDREW WILLIAMS I A New Era for International Law? E pochs of law are hard... Goler T Butcher Medal ‘for outstanding contributions to the development or effective realization of international human rights law Nicholas Grief is Head of theLaw Department and Steele Raymond LLP Professor of Law at Bournemouth University He is a practising barrister, and co-editor of the European Human Rights Reports Daniel H Joyner is Associate Professor of Law at the University of Alabama He is . Legislation xxi
1 The Iraq War and International Law: By Way of an Introduction 1
Andrew Williams
2 The Iraq War, International Law and the Search for
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THE IRAQ WAR AND INTERNATIONAL LAW
The decision by the US and UK governments to use military force against Iraq
in 2003 and the subsequent