Necessity And Proportionality And The Right Of Self Defence In International Law
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Necessity And Proportionality And The Right Of Self Defence In International Law
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Author : Chris O'Meara
language : en
Publisher:
Release Date : 2021
Necessity And Proportionality And The Right Of Self Defence In International Law written by Chris O'Meara and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
The right of States to use force extraterritorially is conditioned by requirements of necessity and proportionality. This book provides a much-needed detailed analysis of those requirements, and a coherent and up-to-date account of the applicable contemporary international law in this field.
Human Rights And Personal Self Defense In International Law
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Author : Jan Arno Hessbruegge
language : en
Publisher: Oxford University Press
Release Date : 2017
Human Rights And Personal Self Defense In International Law written by Jan Arno Hessbruegge and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
While an abundance of literature covers the right of states to defend themselves against external aggression, this is the first book dedicated to the right to personal self-defense in international law. Dr. Hessbruegge sets out in careful detail the strict requirements that human rights impose on defensive force by law enforcement authorities, especially police killings in self-defense. The book also discusses the exceptional application of the right to personal self-defense in military-led operations, notably to contain violent civilians who do not directly participate in hostilities. The author establishes that international law gives individuals the right to forcibly resist human rights violations that pose a serious risk of significant and irreparable harm. At the same time, he calls into question prevailing state practice, which fails to recognize any collective right to organized armed resistance even when it constitutes the last resort to defend against genocide or other mass atrocities.
The Art Of Law In The International Community
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Author : Mary Ellen O'Connell
language : en
Publisher: Cambridge University Press
Release Date : 2019-05-16
The Art Of Law In The International Community written by Mary Ellen O'Connell and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-16 with Law categories.
Aesthetic philosophy and the arts offer an innovative and attractive approach to enhancing international law in support of peace.
Necessity And Proportionality In International Peace And Security Law
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Author : Claus Kreß
language : en
Publisher:
Release Date : 2021
Necessity And Proportionality In International Peace And Security Law written by Claus Kreß and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
There are legal limits on the circumstances under which states may use military force to address a perceived or actual threat. The concepts of necessity and proportionality are central to these limitations imposed by the law. Necessity and Proportionality in International Peace and Security Law explores the many ways in which necessity and proportionality arise in the law on the modern battlefield, which is rapidly changing, complex, and ambiguous.
Self Defence In International Law
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Author : D. W. Bowett
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2009
Self Defence In International Law written by D. W. Bowett and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
Self-defense and the right to go to war. Originally published: New York: Praeger, [1958]. xv, 294 pp. Bowett observes that the use or threat of force by any state can be a delict, an approved sanction, or a measure taken in self-defense. He examines the evolution of self-defense doctrine in the nineteenth and early-twentieth centuries, with the assumption of the existence of a state's unlimited 'right' to go to war. He then attempts to outline the limited and provisional effects of this right under the U.N. Charter. This book was written after Bowett's term as a United Nations legal officer from 1957-1959. "Throughout the work there is a refusal to dogmatize or to state in absolute terms any aspect of the 'privilege' of self-defence in its present context. (...) [Bowett] is to be congratulated on producing a timely and scholarly survey of one of the most fundamental, and often abused, sovereign rights known to international law." --K.R. Simmonds, British Year Book of International Law 34 (1958) 432. SIR DEREK WILLIAM BOWETT [1927-2009], an international lawyer, was President of Queens' College, Cambridge from 1969-1982 and Whewell Professor of International Law, Cambridge, from 1981-1991. He was awarded a CBE in 1983 and a knighthood in 1998. He is the author of The Law of International Institutions (1963), United Nations Forces: A Legal Study (1964), The Law of the Sea (1967), The Search for Peace (1972) and The International Court of Justice (1996).
International Law And New Wars
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Author : Christine Chinkin
language : en
Publisher: Cambridge University Press
Release Date : 2017-04-19
International Law And New Wars written by Christine Chinkin and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-19 with Law categories.
International Law and New Wars examines how international law fails to address the contemporary experience of what are known as 'new wars' - instances of armed conflict and violence in places such as Syria, Ukraine, Libya, Mali, the Democratic Republic of Congo and South Sudan. International law, largely constructed in the nineteenth and twentieth centuries, rests to a great extent on the outmoded concept of war drawn from European experience - inter-state clashes involving battles between regular and identifiable armed forces. The book shows how different approaches are associated with different interpretations of international law, and, in some cases, this has dangerously weakened the legal restraints on war established after 1945. It puts forward a practical case for what it defines as second generation human security and the implications this carries for international law.
The Law Against War
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Author : Olivier Corten
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-10-18
The Law Against War written by Olivier Corten and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-18 with Law categories.
The Law against War is a translated and updated version of a book published in 2008 in French (Le droit contre la guerre, Pedone). The aim of this book is to study the prohibition of the use of armed force in contemporary positive international law. Some commentators claim that the field has undergone substantial changes arising especially since the end of the Cold War in the 1990s. More specifically, several scholars consider that the prohibition laid down as a principle in the United Nations Charter of 1945 should be relaxed in the present-day context of international relations, a change that would seem to be reflected in the emergence of ideas such as 'humanitarian intervention', 'preventive war' or in the possibility of presuming Security Council authorisation under certain exceptional circumstances. The argument in this book is that while marked changes have been observed, above all since the 1990s, the legal regime laid down by the Charter remains founded on a genuine jus contra bellum and not on the jus ad bellum that characterised earlier periods. 'The law against war', as in the title of this book, is a literal rendering of the familiar Latin expression and at the same time it conveys the spirit of a rule that remains, without a doubt, one of the cornerstones of public international law. From the Foreword by Bruno Simma 'Corten's book is weighty not just by its size, but above all through the depth and comprehensiveness with which it analyzes the entirety of what the author calls the law against war, the jus contra bellum... Corten tackles his immense task with a combination of methodical rigour, applying modern positivism and abstaining from constructions of a lex ferenda, and great sensibility for the political context and the ensuing possibilities and limitations of the legal regulation of force.'
Nato Rules Of Engagement
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Author : Camilla Guldahl Cooper
language : en
Publisher:
Release Date : 2020
Nato Rules Of Engagement written by Camilla Guldahl Cooper and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Self-defense (International law) categories.
In NATO Rules of Engagement, Camilla Guldahl Cooper provides a thorough analysis of NATO rules of engagement, and offers clarity on a concept which despite its considerable political, strategic and operational importance, is often misunderstood.
The Use Of Force And International Law
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Author : Christian Henderson
language : en
Publisher: Cambridge University Press
Release Date : 2018-05-10
The Use Of Force And International Law written by Christian Henderson and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-10 with Law categories.
The Use of Force and International Law offers an authoritative overview of international law governing the resort to force. Looking through the prism of the contemporary challenges that this area of international law faces, including technology, sovereignty, actors, compliance and enforcement, this book addresses key aspects of international law in this area: the general breadth and scope of the prohibition of force, what is meant by 'force', the use of force through the UN and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, forcible intervention in civil conflicts, the controversial doctrine of humanitarian intervention. Suitable for advanced undergraduate and postgraduate students, academics and practitioners, The Use of Force and International Law offers a contemporary, comprehensive and accessible treatment of the subject.