Necessity Proportionality And The Use Of Force By States

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Necessity Proportionality And The Use Of Force By States
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Author : Judith Gardam
language : en
Publisher: Cambridge University Press
Release Date : 2004-11-18
Necessity Proportionality And The Use Of Force By States written by Judith Gardam 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 2004-11-18 with Law categories.
There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.
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.
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.
Counter Terrorism Strategies In A Fragmented International Legal Order
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Author : Larissa J. Herik
language : en
Publisher: Cambridge University Press
Release Date : 2013-07-18
Counter Terrorism Strategies In A Fragmented International Legal Order written by Larissa J. Herik 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 2013-07-18 with Law categories.
An exploration of the relationship between different branches of international law and their applicability to terrorism.
The Law Against War
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Author : Olivier Corten
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-07-29
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 2021-07-29 with Law categories.
Praise for previous edition: “...a comprehensive, meticulously-researched study of contemporary international law governing the use of armed force in international relations...' Andrew Garwood-Gowers, Queensland University of Technology Law Review, Volume 12(2) When this first English language edition of The Law Against War published it quickly established itself as a classic. Detailed, analytically rigorous and comprehensive, it provided an indispensable guide to the legal framework regulating the use of force. Now a decade on the much anticipated new edition brings the work up to date. It looks at new precedents arising from the Arab Spring; the struggle against the "Islamic State" in Iraq and Syria; and the conflicts in Ukraine and Yemen. It also reflects the new doctrinal debates surrounding recent state practice. Previous positions are reconsidered and in some cases revised, notably the question of consensual intervention and the very definition of force, particularly, to accommodate targeted extrajudicial executions and cyber-operations. Finally, the new edition provides detailed coverage of the concept of self-defense, reflecting recent interpretations of the International Court of Justice and the ongoing controversies surrounding its definition and interpretation.
Tallinn Manual 2 0 On The International Law Applicable To Cyber Operations
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Author : Michael N. Schmitt
language : en
Publisher: Cambridge University Press
Release Date : 2017-02-02
Tallinn Manual 2 0 On The International Law Applicable To Cyber Operations written by Michael N. Schmitt 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 2017-02-02 with Law categories.
The new edition of the highly influential Tallinn Manual, which outlines public international law as it applies to cyber operations.
International Law And The Use Of Force By States
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Author : Ian Brownlie
language : en
Publisher:
Release Date : 1963
International Law And The Use Of Force By States written by Ian Brownlie and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1963 with Aggression (International law) categories.
Military Professionalism And Humanitarian Law
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Author : Yishai Beer
language : en
Publisher: Oxford University Press
Release Date : 2018
Military Professionalism And Humanitarian Law written by Yishai Beer 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 2018 with History categories.
Revitalizing the concept of military necessity -- Lawful war of self-defense : when not to be a sitting duck -- Military strategy : the blind spot of international humanitarian law -- Defensive deterrence : legalizing the stepchild of international law.
The Threat Of Force In International Law
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Author : Nikolas Stürchler
language : en
Publisher: Cambridge University Press
Release Date : 2009-08-20
The Threat Of Force In International Law written by Nikolas Stürchler 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 2009-08-20 with Law categories.
Threats of force are a common feature of international politics, advocated by some as an economical guarantee against the outbreak of war and condemned by others as a recipe for war. Article 2(4) of the United Nations Charter forbids states to use threats of force, yet the meaning of the prohibition is unclear. This book provides the first comprehensive appraisal of the no-threat principle: its origin, underlying rationale, theoretical implications, relevant jurisprudence, and how it has withstood the test of time from 1945 to the present. Based on a systematic evaluation of state and United Nations practices, the book identifies what constitutes a threat of force and when its use is justified under the United Nations Charter. In so doing, it relates the no-threat principle to important concepts of the twentieth century, such as deterrence, escalation, crisis management, and what has been aptly described as the 'diplomacy of violence'.
Armed Attack And Article 51 Of The Un Charter
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Author : Tom Ruys
language : en
Publisher: Cambridge University Press
Release Date : 2013-10-10
Armed Attack And Article 51 Of The Un Charter written by Tom Ruys 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 2013-10-10 with Law categories.
This book examines to what extent the right of self-defence, as laid down in Article 51 of the Charter of the United Nations, permits States to launch military operations against other States. In particular, it focuses on the occurrence of an 'armed attack' - the crucial trigger for the activation of this right. In light of the developments since 9/11, the author analyses relevant physical and verbal customary practice, ranging from the 1974 Definition of Aggression to recent incidents such as the 2001 US intervention in Afghanistan and the 2006 Israeli intervention in Lebanon. The notion of 'armed attack' is examined from a threefold perspective. What acts can be regarded as an 'armed attack'? When can an 'armed attack' be considered to take place? And from whom must an 'armed attack' emanate? By way of conclusion, the different findings are brought together in a draft 'Definition of Armed Attack'.