Self Defence Against Non State Actors
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Terrorism War And International Law
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Author : Dr Myra Williamson
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2013-02-28
Terrorism War And International Law written by Dr Myra Williamson and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-28 with Law categories.
This book analyzes the legality of the use of force by the US, the UK and their NATO allies against Afghanistan in 2001. The work challenges the main ground for resorting to force, namely, self-defence under Article 51 of the United Nations' Charter, by examining each element of Article 51 that ought to have been satisfied in order to legitimise the use of force. It also examines the wider context, including comparable Security Council resolutions in historic situations as well as modern instances where force has been used, such as against Iraq in 2003 and against Lebanon in 2006. As well as making the case against the legality of the use of force, the book addresses wider questions such as the meaning of 'terrorism' in international law, the changing nature of conflict in the twentieth and twenty-first centuries including the impact of non-state actors and an overview of terrorism trends as well as the evolution of limitations on the resort to force from the League of Nations through to 2001. The book concludes with some insight into the possible future implications for the use of force by states, particularly when force is purportedly justified on the grounds of self-defence.
Customary International Law In Times Of Fundamental Change
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Author : Michael P. Scharf
language : en
Publisher: Cambridge University Press
Release Date : 2013-05-31
Customary International Law In Times Of Fundamental Change written by Michael P. Scharf 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 2013-05-31 with Law categories.
This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.
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.
The Inherent Right Of Self Defence In International Law
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Author : Murray Colin Alder
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-09-22
The Inherent Right Of Self Defence In International Law written by Murray Colin Alder 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 2012-09-22 with Law categories.
Determining the earliest point in time at which international law authorises a state to exercise its inherent right of self-defence is an issue which has been debated, but unsatisfactorily reasoned, by scholars and states since the 1960’s. Yet it remains arguably the most pressing question of law that faces the international community. This book unravels the legal and factual complications which have obscured the answer to this question. In contrast to most other works, it takes an historic approach by tracing the evolution of the rights, rules and principles of international law which have governed the use of force by states since the 16th century. Its emphasis on self-defence provides the reader with a new and complete understanding of how and why the international legal framework limits defensive force to repelling an imminent threat or use of offensive force which is directed at the territory of a state. Taking an historic approach enables this book to resurrect an understanding of the human defensive instinct which has guided the formation of the international law of self-defence. It also explains the true legal nature and scope of the inherent right of self-defence, of anticipatory self-defence and provides a definition of the legal commencement of an armed attack for the purpose of Article 51 of the Charter. Finally, the reader will receive a unique source of research materials and analysis of state practice and of scholarly works concerning self-defence and the use of force since the 16th century, which is suitable for all readers of international law around the world.
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.
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.
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.
New Threats And New Actors In International Security
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Author : E. Krahmann
language : en
Publisher: Springer
Release Date : 2005-01-14
New Threats And New Actors In International Security written by E. Krahmann and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-14 with Political Science categories.
Non-state threats and actors have become key topics in contemporary international security as since the end of the Cold War the notion that state is the primary unit of interest in international security has increasingly been challenged. Statistics show that today many more people are killed by ethnic conflicts, HIV/AIDS or the proliferation of small arms than by international war. Moreover, non-state actors, such as non-governmental organizations, private military companies and international regimes, are progressively complementing or even replacing states in the provision of security. Suggesting that such developments can be understood as part of a shift from government to governance in international security, this book examines both how private actors have become one of the main sources of insecurity in the contemporary world and how non-state actors play a growing role in combating these threats.
Regulating The Use Of Force In International Law
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Author : Russell Buchan
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-06-25
Regulating The Use Of Force In International Law written by Russell Buchan and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-25 with Law categories.
This book provides a comprehensive and detailed analysis of the nature, content and scope of the rules regulating the use of force in international law as they are contained in the United Nations Charter, customary international law and international jurisprudence. It examines these rules as they apply to developing and challenging circumstances such as the emergence of non-State actors, security risks, new technologies and moral considerations.
Self Defence Against Non State Actors
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Author : Mary Ellen O'Connell
language : en
Publisher: Cambridge University Press
Release Date : 2019-08
Self Defence Against Non State Actors 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 2019-08 with Law categories.
Provides a multi-perspective study of the international law on self-defence against non-State actors.