Overview

The Libyan civil war presented questions for international law and diplomacy never encountered before in a non-international armed conflict. Alongside problems common to civil wars in general, such as recognition of the contesting parties, access to state property abroad, and non-intervention, the Libyan conflict contained several unique aspects: the elaborate UN, US, and EU sanctions regime and its effect on Libya's sovereign wealth fund (the Libyan Investment Authority), the referral of the situation in Libya to the International Criminal Court, and the open calls for regime change. These elements raised complex and unique political and international law issues. Adopting a similar approach to Norman J. Padelford's seminal 1939 book, International Law and Diplomacy in the Spanish Civil Strife, this book presents thirty case studies, providing a detailed legal assessment of each of the key issues of international law and diplomacy raised by the conflict. It focuses on the practical legal problems with which government legal advisers and diplomats were concerned during the civil war, many of which have received little public attention. The book also includes an overview of the Libyan civil conflict as a whole, and a public international law obituary of Muammar Qadhafi, which examines his most prominent actions and their impact on international law. The book also investigates how the Libyan civil war was utilized as a laboratory for the testing of the new 'responsibility to protect' doctrine, raised in deliberations among the United Nations Security Council members. For the first time, the Security Council authorized states to get involved in a civil war and to use 'all necessary measures' to enforce a no-fly zone and to protect civilians and civilian populated areas under threat of attack. This book is important reading for scholars, students, and practitioners concerned with the interaction between law and diplomacy in times of armed conflict

Full Product Details

Author:   Stefan Talmon (Co-Director, Institute of International Law, and Professor of Law, Co-Director, Institute of International Law, and Professor of Law, University of Bonn)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
ISBN:  

9780198702368

ISBN 10:   0198702361
Pages:   300
Publication Date:   24 November 2014
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

1: Introduction 2: Return or Retain? Libyan Fighter Jets in Malta 3: De-Recognition of Colonel Qadhafi as Head of State of Libya? 4: Dangerous Rescue Missions 5: Tea with the Queen or the Super-Speedy Implementation of Sanctions in the United Kingdom 6: Indication of a No-Fly Zone over Libya by the International Court of Justice 7: The De Facto Suspension of the Treaty of Friendship, Partnership and Cooperation between Italy and Libya 8: The Difference between Rhetoric and Reality: The Representation of Libya in the United States 9: A Draft in Two Parts: The Drafting of Resolution 1973 (2011) 10: Resolution 1973, the All Necessary Measures Formula and the Rule of Law 11: Libya`s De-facto Suspension from the United Nations 12: The Recognition of Interlocutors, Representatives, and Governments 13: Formal Recognition of Governments: A New (Old) British Recognition Policy 14: Mr Fox Looking for a Hotel and the Principle of Non-Intervention 15: Non-international, international, and internationalized armed conflict and back again 16: The Arms Embargo at Sea or the Imposition of a Naval Blockade 17: How to Enforce a Non-Existing Oil Embargo 18: Investigating Qadhafi in Germany: A Plan Fraught with Good Intentions 19: The Security Council Legislates for Individuals 20: The Struggle for Libyan Banknotes in the United Kingdom 21: Suspension of the Libyan-Swiss Arbitral Proceedings 22: How to Freeze the Assets of the Libyan Investment Authority? 23: Ambiguity as Strategy: The Sanctions Imposed on Libya 24: Outsmarting Smart Sanctions: The Abolition of Libyan Port Charges 25: Use and Abuse of the Persona Non Grata Rule in Diplomatic Law 26: Squatters or New Diplomats: The Handing over of Libyan Embassies to the NTC 27: Diplomatic Relations with Insurrectional Movements 28: Downgrading of Diplomatic Relations with Repugnant Regimes 29: The African Union and the Unconstitutional Change of Government in Libya 30: The Right of Diplomatic Missions to Fly the Flag of their Choice 31: The Execution of a POW 32: Muammar Qadhafi: A Public International Law Obituary

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Author Information

Professor Stefan Talmon is Chair of Public Law, International Law, and European Law at the University of Bonn. Prior to his appointment to Bonn he was Professor of Public International Law at the University of Oxford and Fellow of St Anne's College, Oxford (2003-2011). Professor Talmon is an English barrister with Chambers at 20 Essex Street, London, and advises states and international companies on questions of international law.

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