The Inherent Right of Self-Defence in International Law

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 9400748515
Total Pages : 236 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis The Inherent Right of Self-Defence in International Law by : Murray Colin Alder

Download or read book The Inherent Right of Self-Defence in International Law written by Murray Colin Alder and published by Springer Science & Business Media. This book was released on 2012-09-21 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Crime of Aggression

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108107494
Total Pages : pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis The Crime of Aggression by : Claus Kreß

Download or read book The Crime of Aggression written by Claus Kreß and published by Cambridge University Press. This book was released on 2016-10-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2010 Kampala Amendments to the Rome Statute empowered the International Criminal Court to prosecute the 'supreme crime' under international law: the crime of aggression. This landmark commentary provides the first analysis of the history, theory, legal interpretation and future of the crime of aggression. As well as explaining the positions of the main actors in the negotiations, the authoritative team of leading scholars and practitioners set out exactly how countries have themselves criminalized illegal war-making in domestic law and practice. In light of the anticipated activation of the Court's jurisdiction over this crime in 2017, this work offers, over two volumes, a comprehensive legal analysis of how to understand the material and mental elements of the crime of aggression as defined at Kampala. Alongside The Travaux Préparatoires of the Crime of Aggression (Cambridge, 2011), this commentary provides the definitive resource for anyone concerned with the illegal use of force.

Necessity and Proportionality and the Right of Self-Defence in International Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192608568
Total Pages : 289 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Necessity and Proportionality and the Right of Self-Defence in International Law by : Chris O'Meara

Download or read book Necessity and Proportionality and the Right of Self-Defence in International Law written by Chris O'Meara and published by Oxford University Press. This book was released on 2021-03-11 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Use of Force in International Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 019878435X
Total Pages : 961 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Use of Force in International Law by : Tom Ruys

Download or read book The Use of Force in International Law written by Tom Ruys and published by Oxford University Press. This book was released on 2018 with total page 961 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the adoption of the UN Charter in 1945, the use of cross-border force has been frequent. This volume invites a range of experts to examine over sixty conflicts, from military interventions to targeted killings and hostage rescue operations, and to ask how powerful precedent can be in determining hostile encounters in international law.

The Use of Force and the International Legal System

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Publisher : Cambridge University Press
ISBN 13 : 1009407325
Total Pages : 465 pages
Book Rating : 4.0/5 (94 download)

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Book Synopsis The Use of Force and the International Legal System by : Terry D. Gill

Download or read book The Use of Force and the International Legal System written by Terry D. Gill and published by Cambridge University Press. This book was released on 2023-11-30 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides accessible, in-depth coverage and analysis of how international law regulates the use of force through an intra-disciplinary perspective. Using a modernized legal positivist approach, it offers a unique focus on the relationship and functions of jus ad bellum within the wider legal landscape.

US Hegemony and International Legitimacy

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Publisher : Routledge
ISBN 13 : 1135166269
Total Pages : 320 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis US Hegemony and International Legitimacy by : Lavina Rajendram Lee

Download or read book US Hegemony and International Legitimacy written by Lavina Rajendram Lee and published by Routledge. This book was released on 2010-02-05 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines US hegemony and international legitimacy in the post-Cold War era, focusing on its leadership in the two wars on Iraq. The preference for unilateral action in foreign policy under the Bush Administration, culminating in the use of force against Iraq in 2003, has unquestionably created a crisis in the legitimacy of US global leadership. Of central concern is the ability of the United States to act without regard for the values and interests of its allies or for international law on the use of force, raising the question: does international legitimacy truly matter in an international system dominated by a lone superpower? US Hegemony and International Legitimacy explores the relationship between international legitimacy and hegemonic power through an in depth examination of two case studies – the Gulf Crisis of 1990-91 and the Iraq Crisis of 2002-03 – and examines the extent to which normative beliefs about legitimate behaviour influenced the decisions of states to follow or reject US leadership. The findings of the book demonstrate that subordinate states play a crucial role in consenting to US leadership and endorsing it as legitimate and have a significant impact on the ability of a hegemonic state to maintain order with least cost. Understanding of the importance of legitimacy will be vital to any attempt to rehabilitate the global leadership credentials of the United States under the Obama Administration. This book will be of much interest to students of US foreign policy, IR theory and security studies. Lavina Rajendram Lee is a lecturer in the Department of Modern History, Politics and International Relations at Macquarie University, Australia, and has a PhD in International Relations from the University of Sydney.

Official Records

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Publisher :
ISBN 13 :
Total Pages : 546 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Official Records by : United Nations. Security Council

Download or read book Official Records written by United Nations. Security Council and published by . This book was released on 1986 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt:

UNDOC, Current Index

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Author :
Publisher :
ISBN 13 :
Total Pages : 448 pages
Book Rating : 4.:/5 (891 download)

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Book Synopsis UNDOC, Current Index by :

Download or read book UNDOC, Current Index written by and published by . This book was released on 1985 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Resolutions and decisions of the Security Council

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Publisher :
ISBN 13 :
Total Pages : 784 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Resolutions and decisions of the Security Council by : United Nations. Security Council

Download or read book Resolutions and decisions of the Security Council written by United Nations. Security Council and published by . This book was released on 1995 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Official Records of the ... Session of the General Assembly

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Publisher :
ISBN 13 :
Total Pages : 648 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Official Records of the ... Session of the General Assembly by :

Download or read book Official Records of the ... Session of the General Assembly written by and published by . This book was released on 1983 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Oxford Handbook of the Theory of International Law

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Publisher : Oxford University Press
ISBN 13 : 0191005568
Total Pages : 1094 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Oxford Handbook of the Theory of International Law by : Anne Orford

Download or read book The Oxford Handbook of the Theory of International Law written by Anne Orford and published by Oxford University Press. This book was released on 2016-09-22 with total page 1094 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.

Official Records

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Publisher :
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Official Records by :

Download or read book Official Records written by and published by . This book was released on 1983 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Nuclear Weapons and Arms Control in the Middle East

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Author :
Publisher : MIT Press
ISBN 13 : 9780262561082
Total Pages : 362 pages
Book Rating : 4.5/5 (61 download)

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Book Synopsis Nuclear Weapons and Arms Control in the Middle East by : Shai Feldman

Download or read book Nuclear Weapons and Arms Control in the Middle East written by Shai Feldman and published by MIT Press. This book was released on 1997 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains primary source material.

The United States of America and the Crime of Aggression

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Author :
Publisher : Routledge
ISBN 13 : 0429558198
Total Pages : 273 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis The United States of America and the Crime of Aggression by : Giulia Pecorella

Download or read book The United States of America and the Crime of Aggression written by Giulia Pecorella and published by Routledge. This book was released on 2021-05-24 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the position of the United States of America on aggression, beginning with the Declaration of Independence up to 2020, covering the four years of the Trump Administration. The decision of the Assembly of States Parties to the International Criminal Court to activate the Court’s jurisdiction over the crime of aggression in 2018 has added further value to a book concerning the position and practice of one of the most influential states, a global military power and permanent member of the UN Security Council. Organized along chronological lines, the work examines whether, or to what extent, the US position has evolved over time. The book explores how the definition of the crime can impact upon the US, notwithstanding its failure to ratify the Rome Statute. It also shows that the US practice and opinio iuris about the law applicable to the use of force might influence, as it has done in the past, the law itself. The work will be a valuable guide for students, academics and professionals with an interest in International Criminal Law.

The Security Council at the Dawn of the Twenty-first Century

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Author :
Publisher : United Nations Publications UNIDIR
ISBN 13 :
Total Pages : 144 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Security Council at the Dawn of the Twenty-first Century by : Pascal Teixeira

Download or read book The Security Council at the Dawn of the Twenty-first Century written by Pascal Teixeira and published by United Nations Publications UNIDIR. This book was released on 2003 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this study is not to explore all of the problems that arise today in security threats and conflict management, but to seek to understand the role of a particular institution--the Security Council--and the changes now affecting its modes of intervention and its interaction with international actors--great powers, regional organizations, non-state actors.

Security council reform: a new veto for a new century? (Egmont Paper 9)

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Author :
Publisher : Academia Press
ISBN 13 : 9789038208343
Total Pages : 44 pages
Book Rating : 4.2/5 (83 download)

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Book Synopsis Security council reform: a new veto for a new century? (Egmont Paper 9) by : Jan Wouters

Download or read book Security council reform: a new veto for a new century? (Egmont Paper 9) written by Jan Wouters and published by Academia Press. This book was released on with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The National Security Council

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Publisher :
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis The National Security Council by : Henry Kissinger

Download or read book The National Security Council written by Henry Kissinger and published by . This book was released on 1970 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: