In Lawmaking under Pressure, Giovanni Mantilla analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order. Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.
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Introduction: Failure in Paris, Success in Geneva 1. Social Pressure in International Lawmaking 2. Normative Gatekeeping (1863–1921) 3. Squaring the Circle: Creating Common Article 3 (1921–1949) 4. A Winding Road to the Additional Protocols (1950–1968) 5. A Revolution in Lawmaking? (1968–1977) Conclusion: Custom and Socially-Pressured Codification
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Giovanni Mantilla has written what will likely become a landmark history of the evolution of the Geneva Conventions. [L]ike all good works of political science, Lawmaking Under Pressure is as important for the gaps it leaves open as for the questions it resolves.
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Lawmaking under Pressure is a highly original, utterly fascinating book. Giovanni Mantilla demonstrates through rich, hitherto unpublished and unplumbed, archival research the social politics of the development of international humanitarian law and, in so doing, expands our understanding of international law, international relations, and relations of power.
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Produktdetaljer

ISBN
9781501752582
Publisert
2020-12-15
Utgiver
Vendor
Cornell University Press
Vekt
454 gr
Høyde
229 mm
Bredde
152 mm
Dybde
25 mm
Aldersnivå
01, G, 01
Språk
Product language
Engelsk
Format
Product format
Innbundet

Forfatter

Biographical note

Giovanni Mantilla is a university lecturer at Cambridge University and a Fellow of Christ's College. Follow him on X @giofabman.