Expert Laws of War: Restating and Making Law in Expert Processes

Author: Anton O. Petrov
Publisher: Edward Elgar Publishing
ISBN: 9781789907582
Published In: June 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Over recent decades, international humanitarian law has been shaped by the omnipresence of so-called expert manuals. Astute and engaging, this discerning book provides a comprehensive account of these black letter rules and commentaries produced by private expert groups and demonstrates why the general acceptance of these expert manuals is largely unjustified.

This theoretically grounded book bridges the divide between theory and practice by linking legal theory to the doctrinal and practical concerns of the laws of war. The author innovatively links interdisciplinary insights to the needs of military lawyers in practice, showing the pitfalls of relying on private manuals as arguable restatements and interpretations of the law 'as it is'. At the same time, he explains why expert processes are so successful and why this should be of concern to all of us.

Stimulating and challenging, this book will prove essential reading for students and scholars of public international law, legal theory, and those focussing on the laws of war more specifically. Its practical approach will also greatly benefit legal practitioners working in the field of military law.

1. Introduction: Just another instance of expert rule?

2. A survey of expert processes in international humanitarian law

3. The methodological challenges of expert processes

4. Normatively flawed, but empirically valid expert manuals

5. The community of international humanitarian law

6. The expert groups’s interpretive authority

7. A critical review of expert groups as advocates of international humanitarian law

8. Conclusion: Expert processes as a mirror of life

Bibliography

Index