Justification And Excuse In International Law PDF Download
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Author | : Federica Paddeu |
Publisher | : Cambridge University Press |
Total Pages | : 609 |
Release | : 2018-01-11 |
Genre | : Law |
ISBN | : 1107106206 |
Download Justification and Excuse in International Law Book in PDF, ePub and Kindle
The first comprehensive study of the distinction between justification and excuse under the international law of state responsibility.
Author | : Burleigh Cushing Rodick |
Publisher | : |
Total Pages | : 218 |
Release | : 1928 |
Genre | : Law |
ISBN | : |
Download The Doctrine of Necessity in International Law Book in PDF, ePub and Kindle
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.
Author | : Anne Peters |
Publisher | : Cambridge University Press |
Total Pages | : 645 |
Release | : 2016-10-27 |
Genre | : Law |
ISBN | : 1107164303 |
Download Beyond Human Rights Book in PDF, ePub and Kindle
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Author | : George P. Fletcher |
Publisher | : Oxford University Press |
Total Pages | : 286 |
Release | : 2013-02-01 |
Genre | : Law |
ISBN | : 0198040350 |
Download Defending Humanity Book in PDF, ePub and Kindle
In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.
Author | : Christine Chinkin |
Publisher | : Cambridge University Press |
Total Pages | : 611 |
Release | : 2017-04-27 |
Genre | : History |
ISBN | : 1107171210 |
Download International Law and New Wars Book in PDF, ePub and Kindle
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Author | : Jens David Ohlin |
Publisher | : Oxford University Press |
Total Pages | : 216 |
Release | : 2016-09-08 |
Genre | : Law |
ISBN | : 0190622954 |
Download Necessity in International Law Book in PDF, ePub and Kindle
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.
Author | : Chris O'Meara |
Publisher | : Oxford University Press |
Total Pages | : 289 |
Release | : 2021-03-11 |
Genre | : Law |
ISBN | : 0192608568 |
Download Necessity and Proportionality and the Right of Self-Defence in International Law Book in PDF, ePub and Kindle
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.
Author | : Xiaodong Yang |
Publisher | : Cambridge University Press |
Total Pages | : 941 |
Release | : 2012-09-27 |
Genre | : Law |
ISBN | : 0521844010 |
Download State Immunity in International Law Book in PDF, ePub and Kindle
Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
Author | : Iryna Marchuk |
Publisher | : Springer Science & Business Media |
Total Pages | : 311 |
Release | : 2013-07-29 |
Genre | : Law |
ISBN | : 3642282466 |
Download The Fundamental Concept of Crime in International Criminal Law Book in PDF, ePub and Kindle
This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.
Author | : James Crawford |
Publisher | : Oxford University Press |
Total Pages | : 1364 |
Release | : 2010-05-20 |
Genre | : Law |
ISBN | : 0199296979 |
Download The Law of International Responsibility Book in PDF, ePub and Kindle
The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.