{"title":"1战争的多重意义","authors":"Clapham Andrew","doi":"10.1093/law/9780198810469.003.0001","DOIUrl":null,"url":null,"abstract":"This chapter emphasizes the meaning of war as that term is used in different contexts. It illustrates this by considering a selection of decisions from the US courts in three different areas: life insurance claims, military discipline for US military personnel, and environmental liability. The chapter also looks at international law, which abolished war as an acceptable way for states to settle their disputes, but war is still referenced in texts in ways that can trigger rights and obligations. It concludes that national and international law still distinguishes between armed conflicts (often described as wars) and a State of War formally speaking which is defined in the chapter and refers to a situation where two states intend to create a State of War, known thought the book as War with a capital W.","PeriodicalId":77260,"journal":{"name":"Medicine and war","volume":"28 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2021-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"1 The Multiple Meanings of War\",\"authors\":\"Clapham Andrew\",\"doi\":\"10.1093/law/9780198810469.003.0001\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This chapter emphasizes the meaning of war as that term is used in different contexts. It illustrates this by considering a selection of decisions from the US courts in three different areas: life insurance claims, military discipline for US military personnel, and environmental liability. The chapter also looks at international law, which abolished war as an acceptable way for states to settle their disputes, but war is still referenced in texts in ways that can trigger rights and obligations. It concludes that national and international law still distinguishes between armed conflicts (often described as wars) and a State of War formally speaking which is defined in the chapter and refers to a situation where two states intend to create a State of War, known thought the book as War with a capital W.\",\"PeriodicalId\":77260,\"journal\":{\"name\":\"Medicine and war\",\"volume\":\"28 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-07-29\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Medicine and war\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1093/law/9780198810469.003.0001\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Medicine and war","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/law/9780198810469.003.0001","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
本章强调战争的含义，因为这个词在不同的语境中使用。它通过考虑美国法院在三个不同领域的判决来说明这一点:人寿保险索赔、美国军事人员的军事纪律和环境责任。这一章还探讨了国际法，它废除了战争作为国家解决争端的一种可接受的方式，但战争仍然在文本中以可能引发权利和义务的方式被提及。它的结论是，国内法和国际法仍然区分武装冲突(通常被描述为战争)和战争状态(State of War)，正式地说，战争状态是在本章中定义的，指的是两个国家打算建立战争状态的情况，在书中被称为战争。
This chapter emphasizes the meaning of war as that term is used in different contexts. It illustrates this by considering a selection of decisions from the US courts in three different areas: life insurance claims, military discipline for US military personnel, and environmental liability. The chapter also looks at international law, which abolished war as an acceptable way for states to settle their disputes, but war is still referenced in texts in ways that can trigger rights and obligations. It concludes that national and international law still distinguishes between armed conflicts (often described as wars) and a State of War formally speaking which is defined in the chapter and refers to a situation where two states intend to create a State of War, known thought the book as War with a capital W.
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