Necessity In International Law
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The Doctrine Of Necessity In International Law
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Author : Burleigh Cushing Rodick
language : en
Publisher:
Release Date : 1928
The Doctrine Of Necessity In International Law written by Burleigh Cushing Rodick and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1928 with Law categories.
Discusses the extent to which the doctrine of necessity in international law possesses legal validity and also the extent to which lawful limitations may be imposed.
Necessity In International Law
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Author : Jens David Ohlin
language : en
Publisher: Oxford University Press
Release Date : 2016-09-08
Necessity In International Law written by Jens David Ohlin 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 2016-09-08 with Law categories.
Necessity is a notoriously dangerous and slippery concept-dangerous because it contemplates virtually unrestrained killing in warfare and slippery when used in conflicting ways in different areas of international law. Jens David Ohlin and Larry May untangle these confusing strands and perform a descriptive mapping of the ways that necessity operates in legal and philosophical arguments in jus ad bellum, jus in bello, human rights, and criminal law. Although the term "necessity" is ever-present in discussions regarding the law and ethics of killing, its meaning changes subtly depending on the context. It is sometimes an exception, at other times a constraint on government action, and most frequently a broad license in war that countenances the wholesale killing of enemy soldiers in battle. Is this legal status quo in war morally acceptable? Ohlin and May offer a normative and philosophical critique of international law's prevailing notion of jus in bello necessity and suggest ways that killing in warfare could be made more humane-not just against civilians but soldiers as well. Along the way, the authors apply their analysis to modern asymmetric conflicts with non-state actors and the military techniques most likely to be used against them. Presenting a rich tapestry of arguments from both contemporary and historical Just War theory, Necessity in International Law is the first full-length study of necessity as a legal and philosophical concept in international affairs.
The Concept Of Necessity In International Law And The World Trade Organization
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Author : Senai Woldeab Andemariam
language : en
Publisher: BRILL
Release Date : 2024-05-30
The Concept Of Necessity In International Law And The World Trade Organization written by Senai Woldeab Andemariam and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-30 with Business & Economics categories.
Like many concepts in international law, the definition of “necessity” varies widely depending on context. The concepts of necessity in different fields of international law can maintain their unique definitions while learning from each other, and thereby achieve coherence. This book presents the evolution of the concept of necessity, and discusses its definitions in nine different fields of international law. Centering customary international law and the law of the World Trade Organization in his analysis, Dr. Senai W. Andemariam examines the potential for interactions and coherence between concepts of necessity in various fields of international law.
Netherlands Yearbook Of International Law Volume 41 2010
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Author : I.F. Dekker
language : en
Publisher: T.M.C. Asser Press
Release Date : 2011-04-28
Netherlands Yearbook Of International Law Volume 41 2010 written by I.F. Dekker and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-28 with Law categories.
The Netherlands Yearbook of International Law was first published in 1970. It has two main aims. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the European Union. In addition, it aims to respond to the demand for information on state practice in the field of international law. Each Yearbook therefore includes an overview of state practice of the Netherlands.
Netherlands Yearbook Of International Law Volume 41 2010
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Author : I.F. Dekker
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-04-21
Netherlands Yearbook Of International Law Volume 41 2010 written by I.F. Dekker and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-21 with Law categories.
The Netherlands Yearbook of International Law was first published in 1970. It has two main aims. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the European Union. In addition, it aims to respond to the demand for information on state practice in the field of international law. Each Yearbook therefore includes an overview of state practice of the Netherlands.
Necessity And Proportionality And The Right Of Self Defence In International Law
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Author : Chris O'Meara
language : en
Publisher: Oxford University Press
Release Date : 2021-03-11
Necessity And Proportionality And The Right Of Self Defence In International Law written by Chris O'Meara 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 2021-03-11 with Law categories.
States invariably justify using force extraterritorially by reference to their right of self-defence. In doing so, they accept that the exercise of this right is conditioned by the customary international law requirements of necessity and proportionality. However, these requirements are notorious for being normatively indeterminate and operationally complex. As a breach of either requirement renders ostensibly defensive action unlawful, increased determinacy regarding their scope and substance is crucial to how international law constrains military force. This book examines the conceptual meaning, content, and practical application of necessity and proportionality as they relate to the right of self-defence following the adoption of the UN Charter in 1945. It provides a coherent and up-to-date description of the applicable contemporary international law and proposes an analytical framework to guide its operation and appraisal. This book argues that necessity and proportionality are conceptually distinct and must be applied in the foregoing order to avoid an insufficient 'catch-all' description of legality or illegality. Necessity determines whether defensive force may be used to respond to an armed attack and where it must be directed. Proportionality governs how much total force is permissible and prohibits excessive responses. Both requirements are shown to apply on an ongoing basis throughout the duration of an armed conflict prompted by self-defence. Compliance with necessity and proportionality ensures that the purposes of self-defence are met, and nothing more, and that defensive force is not unduly disruptive to third party interests and to international peace and security.
Necessity And Proportionality And The Right Of Self Defence In International Law
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Author : Chris O'Meara
language : en
Publisher: Oxford University Press, USA
Release Date : 2021-03
Necessity And Proportionality And The Right Of Self Defence In International Law written by Chris O'Meara and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03 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.
Military Necessity In International Cultural Heritage Law
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Author : Berenika Drazewska
language : en
Publisher: BRILL
Release Date : 2021-12-13
Military Necessity In International Cultural Heritage Law written by Berenika Drazewska and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-13 with Law categories.
Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.
Necessity And Proportionality In International Peace And Security Law
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Author : Claus Kreß
language : en
Publisher: Oxford University Press
Release Date : 2020-10-01
Necessity And Proportionality In International Peace And Security Law written by Claus Kreß 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 2020-10-01 with Law categories.
Necessity and proportionality hold a firm place in the international law governing the use of force by states, as well as in the law of armed conflict. However, the precise contours of these two requirements are uncertain and controversial. The aim of Necessity and Proportionality in International Peace and Security Law is to explore how necessity and proportionality manifest themselves in the modern world under the law governing the use of force and the law of armed conflict, and how they relate to each other. The book explores the ways in which necessity and proportionality are applied in practice and addresses pressing legal issues in the law on the use of force, including the controversial "unwilling and unable" test for the use of force in self-defense, drones and targeted killing, the application of this legal regime during civil war, and the need for further transparency in states' justification for the use of force in self-defense. The analysis of the role of military necessity within the law of armed conflict on the modern battlefield focuses on the history and nature of the principle of military necessity, the proper application of the principle of proportionality, how commanders should account for mental harm in calculating proportionality, and the role artificial intelligence and autonomous weapons systems may play in proportionality analysis. The book concludes with a discussion of the potential role of proportionality in the law governing post-conflict contexts.
Necessity And National Emergency Clauses
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Author : Diane A. Desierto
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-01-05
Necessity And National Emergency Clauses written by Diane A. Desierto and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-05 with Political Science categories.
Unveiling the complex dynamic between State sovereignty and necessity doctrine as historically practiced in international political relations, this book proposes analytical criteria to assess the lawfulness and legitimacy of interpretations of necessity and national emergency clauses in specialized treaty regimes.