Anticipatory Action In Self Defence

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Anticipatory Action in Self-Defence

Kinga Tibori Szabó
Anticipatory Action in Self Defence Book PDF

Author : Kinga Tibori Szabó
Publisher : Springer Science & Business Media
Page : 356 pages
File Size : 48,9 Mb
Release : 2011-08-22
Category : Law
ISBN : 9789067047968

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Anticipatory Action in Self-Defence by Kinga Tibori Szabó Pdf

The legality of preemptive strikes is one of the most controversial questions of contemporary international law. At the core of this controversy stands the temporal dimension of self-defence: when and for how long can a state defend itself against an armed attack? Can it resort to armed force before such an attack occurs? Is anticipatory action covered by the rules of self-defence or should it be treated as a different concept? This book examines whether anticipatory action in self-defence is part of customary international law and, if so, under what conditions. The pre-Charter concept of anticipatory action is demarcated and then assessed against post-Charter state practice. Several instances of self-defence – both anticipatory and remedial – are examined to elucidate the rules governing the temporal dimension of the right. The Six-Day War (1967), the Israeli bombing of an Iraqi reactor (1981), the US invasion of Iraq (2003) and other instances of state practice are given thorough attention.

'Armed Attack' and Article 51 of the UN Charter

Tom Ruys
Armed Attack and Article 51 of the UN Charter Book PDF

Author : Tom Ruys
Publisher : Cambridge University Press
Page : 617 pages
File Size : 51,6 Mb
Release : 2010-11-25
Category : Law
ISBN : 9781139494830

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'Armed Attack' and Article 51 of the UN Charter by Tom Ruys Pdf

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'.

The Inherent Right of Self-Defence in International Law

Murray Colin Alder
The Inherent Right of Self Defence in International Law Book PDF

Author : Murray Colin Alder
Publisher : Springer Science & Business Media
Page : 222 pages
File Size : 48,5 Mb
Release : 2012-09-21
Category : Law
ISBN : 9789400748514

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The Inherent Right of Self-Defence in International Law by Murray Colin Alder Pdf

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.

International Law and New Wars

Christine Chinkin,Mary Kaldor
International Law and New Wars Book PDF

Author : Christine Chinkin,Mary Kaldor
Publisher : Cambridge University Press
Page : 611 pages
File Size : 44,9 Mb
Release : 2017-04-27
Category : History
ISBN : 9781107171213

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International Law and New Wars by Christine Chinkin,Mary Kaldor Pdf

Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.

War, Aggression and Self-Defence

Yoram Dinstein
War Aggression and Self Defence Book PDF

Author : Yoram Dinstein
Publisher : Cambridge University Press
Page : 409 pages
File Size : 50,5 Mb
Release : 2011-10-20
Category : Law
ISBN : 9781139503174

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War, Aggression and Self-Defence by Yoram Dinstein Pdf

Yoram Dinstein's influential textbook is an indispensable guide to the legal issues of war and peace, armed attack, self-defence and enforcement measures taken under the aegis of the Security Council. This fifth edition incorporates recent treaties such as the Kampala amendments of the Statute of the International Criminal Court, new case law from the International Court of Justice and other tribunals, and contemporary doctrinal debates. Several new supplementary sections are also included, which take into account recent conflicts around the world, and consideration is given to new resolutions of the Security Council. With many segments having been rewritten to reflect recent State practice, this book remains a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence.

Pre-emptive Self-Defence: "In an age of international terrorism, the law on self-defence needs to be expanded to include the right to pre-emptive self-defence."

Sebastian Plappert
Pre emptive Self Defence In an age of international terrorism the law on self defence needs to be expanded to include the right to pre emptive self defence Book PDF

Author : Sebastian Plappert
Publisher : GRIN Verlag
Page : 16 pages
File Size : 46,9 Mb
Release : 2010-07-19
Category : Political Science
ISBN : 9783640664634

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Pre-emptive Self-Defence: "In an age of international terrorism, the law on self-defence needs to be expanded to include the right to pre-emptive self-defence." by Sebastian Plappert Pdf

Essay from the year 2007 in the subject Politics - International Politics - Topic: Peace and Conflict Studies, Security, grade: Distinction, Macquarie University, course: IRPG 842 Politics of International Law, language: English, abstract: This paper will argue against an expansion of international law to include an unrestricted doctrine of pre-emptive war in the legal conception of self-defence. In order to back this position arguments both for and against pre-emptive self-defence will be examined from a moral as well as practical point of view. After examining the nature of terrorist threats and current international law, this essay will focus on alternatives to and consequences of pre-emptive self-defence, before considering the limits of law and power in international relations.

The Right of Individual Self-Defense in Public International Law

Jan Kittrich
The Right of Individual Self Defense in Public International Law Book PDF

Author : Jan Kittrich
Publisher : Logos Verlag Berlin GmbH
Page : 219 pages
File Size : 41,6 Mb
Release : 2008
Category : Law
ISBN : 9783832519551

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The Right of Individual Self-Defense in Public International Law by Jan Kittrich Pdf

The book examines in detail one of the most controversial topic in current international law, namely the scope and extent of the right of individual self-defense. The book carefully traces the paths which have been followed in the developing legal debate on self-defense. The author uses numerous case-studies of incidents involving the use of force in alleged self-defense (such as the Entebbe Incident 1976, the Nicaragua Case 1986 or the Israeli-Lebanese conflict of 2006) which have formed the central point of scholarly debate. The author's conclusions are based not only on thorough analysis of academic discussions but also of the practice of States and international bodies, especially of the United Nations Organization. At the outset of the book the author reviews the historical context and the customary evolution of the right of self-defense. Reference is made to the famous Caroline Case of 1837, which set the necessary conditions of lawful exercise of self-defense. Next, the author examines the concept and legal nature of self-defense, carefully assessing the customary conditions of necessity, proportionality and immediacy derived from the Caroline Case. As the occurrence of an "armed attack" is a conditio sine qua non of lawful invocation of self-defense, several modalities of an armed attack are attentively evaluated such as its constituent elements, beginning or scale. The author explores, whether reactions to acts of international terrorism committed by a non-State may be based on the right of self-defense. In times of global terrorist networks it is highly desirable to attach special attention to use of force in self-defense as a remedy against serious acts of terrorism. Thorough analysis of State practice is shown on several examples from recent history - the U.S. air raid on Libya in 1986 and on Baghdad in 1993 and relatively recent air strikes on Sudan and Afghanistan in 1998. Reference is also made to the most striking example - the Al-Qaeda attack on the United States in 2001. The validity of claims of anticipatory/preventive self-defense is examined on a theoretical level and then applied to the specific details of the Israeli air strike on the Osiraq Nuclear Reactor in 1981. The two main approaches to preventive self-defense - "restrictive" and "traditional" - are then discussed in detail. Brief analysis is also devoted to the nature of the so-called - pre-emptive - self-defense indicating its current position under international law.

The Oxford Handbook of the Use of Force in International Law

Marc Weller,Alexia Solomou,Jake William Rylatt
The Oxford Handbook of the Use of Force in International Law Book PDF

Author : Marc Weller,Alexia Solomou,Jake William Rylatt
Publisher : Unknown
Page : 1377 pages
File Size : 40,7 Mb
Release : 2015
Category : Law
ISBN : 9780199673049

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The Oxford Handbook of the Use of Force in International Law by Marc Weller,Alexia Solomou,Jake William Rylatt Pdf

This Oxford Handbook provides an authoritative and comprehensive analysis of one of the most controversial areas of international law. Over seventy contributors assess the current state of the international law prohibiting the use of force, assessing its development and analysing the many recent controversies that have arisen in this field.

Recourse to Force

Thomas M. Franck
Recourse to Force Book PDF

Author : Thomas M. Franck
Publisher : Cambridge University Press
Page : 219 pages
File Size : 43,9 Mb
Release : 2002-10-24
Category : Law
ISBN : 9781139434959

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Recourse to Force by Thomas M. Franck Pdf

The nations that drafted the UN Charter in 1945 clearly were more concerned about peace than about justice. As a result, the Charter prohibits all use of force by states except in the event of an armed attack or when authorised by the Security Council. This arrangement has only very imperfectly withstood the test of time and changing world conditions. In requiring states not to use force in self-defence until after they had become the object of an actual armed attack, the Charter failed to address a growing phenomenon of clandestine subversion and of instantaneous nuclear threats. Fortunately although the Charter is very hard to amend, the drafters did agree that it should be interpreted flexibly by the United Nations' principal political institutions. In this way the norms governing use of force in international affairs have been adapted to meet changing circumstances and new challenges. The book also relates these changes in law and practice to changing public values pertaining to the balance between maintaining peace and promoting justice.

Self-Defence against Non-State Actors

Mary Ellen O'Connell,Christian J. Tams,Dire Tladi
Self Defence against Non State Actors Book PDF

Author : Mary Ellen O'Connell,Christian J. Tams,Dire Tladi
Publisher : Cambridge University Press
Page : 313 pages
File Size : 49,9 Mb
Release : 2019-08
Category : Law
ISBN : 9781107190740

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Self-Defence against Non-State Actors by Mary Ellen O'Connell,Christian J. Tams,Dire Tladi Pdf

Provides a multi-perspective study of the international law on self-defence against non-State actors.

Counter-Terrorism Strategies in a Fragmented International Legal Order

Larissa J. Herik,Nico Schrijver
Counter Terrorism Strategies in a Fragmented International Legal Order Book PDF

Author : Larissa J. Herik,Nico Schrijver
Publisher : Cambridge University Press
Page : 799 pages
File Size : 43,8 Mb
Release : 2013-07-18
Category : Law
ISBN : 9781107025387

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Counter-Terrorism Strategies in a Fragmented International Legal Order by Larissa J. Herik,Nico Schrijver Pdf

An exploration of the relationship between different branches of international law and their applicability to terrorism.

Pre-emptive Self-Defence: "In an Age of International Terrorism, the Law on Self-defence Needs to be Expanded to Include the Right to Pre-emptive Self-defence."

Sebastian Plappert
Pre emptive Self Defence In an Age of International Terrorism the Law on Self defence Needs to be Expanded to Include the Right to Pre emptive Self defence Book PDF

Author : Sebastian Plappert
Publisher : GRIN Verlag
Page : 29 pages
File Size : 53,7 Mb
Release : 2010-07
Category : Electronic
ISBN : 9783640664184

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Pre-emptive Self-Defence: "In an Age of International Terrorism, the Law on Self-defence Needs to be Expanded to Include the Right to Pre-emptive Self-defence." by Sebastian Plappert Pdf

Essay from the year 2007 in the subject Politics - International Politics - Topic: Peace and Conflict Studies, Security, grade: Distinction, Macquarie University, course: IRPG 842 Politics of International Law, language: English, abstract: This paper will argue against an expansion of international law to include an unrestricted doctrine of pre-emptive war in the legal conception of self-defence. In order to back this position arguments both for and against pre-emptive self-defence will be examined from a moral as well as practical point of view. After examining the nature of terrorist threats and current international law, this essay will focus on alternatives to and consequences of pre-emptive self-defence, before considering the limits of law and power in international relations.

Self-defence in International Law

D. W. Bowett
Self defence in International Law Book PDF

Author : D. W. Bowett
Publisher : The Lawbook Exchange, Ltd.
Page : 310 pages
File Size : 45,5 Mb
Release : 2009
Category : Légitime défense (Droit international).
ISBN : 9781584778554

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Self-defence in International Law by D. W. Bowett Pdf

Self-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).

NATO Rules of Engagement

Camilla Guldahl Cooper
NATO Rules of Engagement Book PDF

Author : Camilla Guldahl Cooper
Publisher : BRILL
Page : 498 pages
File Size : 49,9 Mb
Release : 2019-12-02
Category : Law
ISBN : 9789004401686

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NATO Rules of Engagement by Camilla Guldahl Cooper Pdf

In NATO Rules of Engagement, Camilla Guldahl Cooper provides a thorough analysis of NATO rules of engagement, and offers clarity on a concept which despite its considerable political, strategic and operational importance, is often misunderstood.

International Law and the Use of Force

Christine D. Gray
International Law and the Use of Force Book PDF

Author : Christine D. Gray
Publisher : Oxford University Press, USA
Page : 360 pages
File Size : 42,6 Mb
Release : 2004
Category : Aggression (International law).
ISBN : UOM:39015058796064

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International Law and the Use of Force by Christine D. Gray Pdf

1. Law and Force; 2. The Prohibition of the Use of Force; 3. Invitation and Intervention: Civil Wars and the Use of Force; 4. Self-defence; 5. Collective Self-defence; 6. The Use of Force against Terrorism: a New War for a New Century; 7. The UN and the Use of Force; 8.