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Author: N. Shah
Publisher: Springer
Published: 2008-03-17
Total Pages: 197
ISBN-13: 0230611656
DOWNLOAD EBOOKThe book argues that the concept of self-defense in Islamic and International law is compatible. Al-Qaeda's declaration of Jihad does not meet the Islamic legal test. Similarly, the invasion of Iraq does meet the international legal test.
Author: Jan Arno Hessbruegge
Publisher: Oxford University Press
Published: 2017
Total Pages: 401
ISBN-13: 019065502X
DOWNLOAD EBOOKWhile an abundance of literature covers the right of states to defend themselves against external aggression, this is the first book dedicated to the right to personal self-defense in international law. Dr. Hessbruegge sets out in careful detail the strict requirements that human rights impose on defensive force by law enforcement authorities, especially police killings in self-defense. The book also discusses the exceptional application of the right to personal self-defense in military-led operations, notably to contain violent civilians who do not directly participate in hostilities. The author establishes that international law gives individuals the right to forcibly resist human rights violations that pose a serious risk of significant and irreparable harm. At the same time, he calls into question prevailing state practice, which fails to recognize any collective right to organized armed resistance even when it constitutes the last resort to defend against genocide or other mass atrocities.
Author: Tadashi Mori
Publisher: BRILL
Published: 2018-02-12
Total Pages: 288
ISBN-13: 9004355006
DOWNLOAD EBOOKThis book examines a long-standing dispute regarding the prerequisite for the exercise of the right to self-defence and aims to offer a possible better alternatives for interpreting the significance of the precondition provided for in the Article 51 of the United Nations Charter, by taking a historical perspective on the development of that concept from the mid-19th century to 1945. The book defines the right of self-defence as understood in and before 1945, suggesting the typology which represents the strata of the concept. It will contribute to the current debate regarding the right of self-defence in contemporary international law, including that against terrorism, by providing a framework to analyse the state practice since 1945.
Author: D. W. Bowett
Publisher: The Lawbook Exchange, Ltd.
Published: 2009
Total Pages: 310
ISBN-13: 1584778555
DOWNLOAD EBOOKSelf-defense and the right to go to war. Originally published: New York: Praeger, [1958]. xv, 294 pp. Bowett observes that the use or threat of force by any state can be a delict, an approved sanction, or a measure taken in self-defense. He examines the evolution of self-defense doctrine in the nineteenth and early-twentieth centuries, with the assumption of the existence of a state's unlimited 'right' to go to war. He then attempts to outline the limited and provisional effects of this right under the U.N. Charter. This book was written after Bowett's term as a United Nations legal officer from 1957-1959. "Throughout the work there is a refusal to dogmatize or to state in absolute terms any aspect of the 'privilege' of self-defence in its present context. (...) [Bowett] is to be congratulated on producing a timely and scholarly survey of one of the most fundamental, and often abused, sovereign rights known to international law." --K.R. Simmonds, British Year Book of International Law 34 (1958) 432. SIR DEREK WILLIAM BOWETT [1927-2009], an international lawyer, was President of Queens' College, Cambridge from 1969-1982 and Whewell Professor of International Law, Cambridge, from 1981-1991. He was awarded a CBE in 1983 and a knighthood in 1998. He is the author of The Law of International Institutions (1963), United Nations Forces: A Legal Study (1964), The Law of the Sea (1967), The Search for Peace (1972) and The International Court of Justice (1996).
Author: Markus D Dubber
Publisher: OUP Oxford
Published: 2014-11-27
Total Pages: 1294
ISBN-13: 0191654604
DOWNLOAD EBOOKThe Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Author: Mary Ellen O'Connell
Publisher: Cambridge University Press
Published: 2019-08
Total Pages: 313
ISBN-13: 1107190746
DOWNLOAD EBOOKProvides a multi-perspective study of the international law on self-defence against non-State actors.
Author: Camilla Guldahl Cooper
Publisher: BRILL
Published: 2019-12-02
Total Pages: 498
ISBN-13: 9004401687
DOWNLOAD EBOOKIn NATO Rules of Engagement, Camilla Guldahl Cooper offers clarity on a topic prone to confusion and misunderstanding. NATO rules of engagement (ROE) are of considerable political, strategic and operational importance, yet many of its concepts lack clarity. The resulting ambiguity may be detrimental for people involved and for mission accomplishment. Through a thorough analysis of the concept, purpose, development and use of NATO ROE, Cooper contributes to improved understanding and implementation of NATO ROE. The book covers all use of force categories and relevant law relating to the use of force during armed conflicts, including the complex concepts of hostile act and hostile intent, direct participation in hostilities, and the increasing reliance on self-defence during armed conflict.
Author: Chris O'Meara
Publisher: Oxford University Press
Published: 2021-03-11
Total Pages: 289
ISBN-13: 0192608568
DOWNLOAD EBOOKStates 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: Mary Ellen O'Connell
Publisher: Cambridge University Press
Published: 2019-05-16
Total Pages: 331
ISBN-13: 1108426662
DOWNLOAD EBOOKAesthetic philosophy and the arts offer an innovative and attractive approach to enhancing international law in support of peace.
Author: Christine Chinkin
Publisher: Cambridge University Press
Published: 2017-04-27
Total Pages: 611
ISBN-13: 1107171210
DOWNLOAD EBOOKExamines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
