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Author : Federica Paddeu
Publisher : Cambridge University Press
Page : 609 pages
File Size : 43,9 Mb
Release : 2018-01-11
Category : Law
ISBN : 9781107106208
The first comprehensive study of the distinction between justification and excuse under the international law of state responsibility.
Author : Burleigh Cushing Rodick
Publisher : Unknown
Page : 218 pages
File Size : 50,7 Mb
Release : 1928
Category : Law
ISBN : UOM:39015062379634
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
Page : 645 pages
File Size : 42,7 Mb
Release : 2016-10-27
Category : Law
ISBN : 9781107164307
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 : Annemieke van Verseveld
Publisher : Springer Science & Business Media
Page : 191 pages
File Size : 41,9 Mb
Release : 2012-08-28
Category : Law
ISBN : 9789067048675
When a perpetrator of an international crime argues in his defence that he did not realise that he had violated the law, is this a reason not to punish him? International crimes constitute serious offences and it could be argued that he who commits such an offence must know his act is punishable. After all, everyone is presumed to know the law. However, convicting someone who is mistaken about the wrongfulness of his act may be in violation of the principle ‘no punishment without guilt’. This book investigates when 'mistake of law' should be a reason to exculpate the perpetrator of an international crime. It demonstrates that the issue of 'mistake of law' goes to the heart of individual criminal responsibility and therewith contributes to the development of a more systematic approach toward the structure of international offences. Valuable for academics and practitioners in the field of International Criminal Law.
Author : George P. Fletcher,Jens David Ohlin
Publisher : Oxford University Press
Page : 286 pages
File Size : 53,9 Mb
Release : 2013-02-01
Category : Law
ISBN : 9780198040354
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,Mary Kaldor
Publisher : Cambridge University Press
Page : 611 pages
File Size : 42,7 Mb
Release : 2017-04-27
Category : History
ISBN : 9781107171213
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Author : Anonim
Publisher : Unknown
Page : 1644 pages
File Size : 55,8 Mb
Release : 1987
Category : Criminal law
ISBN : 0929179269
Author : Xiaodong Yang
Publisher : Cambridge University Press
Page : 941 pages
File Size : 44,8 Mb
Release : 2012-09-27
Category : Law
ISBN : 9780521844017
Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
Author : William Schabas
Publisher : Cambridge University Press
Page : 760 pages
File Size : 54,8 Mb
Release : 2009-02-19
Category : Law
ISBN : 9780521883979
Previous edition, 1st, published in 2000.
Author : John Cyril Smith
Publisher : Unknown
Page : 156 pages
File Size : 49,7 Mb
Release : 1989
Category : Law
ISBN : UIUC:30112021633620
Author : George P. Fletcher
Publisher : Oxford University Press
Page : 400 pages
File Size : 51,7 Mb
Release : 2007-06-11
Category : Law
ISBN : 0199725195
The Grammar of Criminal Law is a 3-volume work that addresses the field of international and comparative criminal law, with its primary focus on the issues of international concern, ranging from genocide, to domestic efforts to combat terrorism, to torture, and to other international crimes. The first volume is devoted to foundational issues. The Grammar of Criminal Law is unique in its systematic emphasis on the relationship between language and legal theory; there is no comparable comparative study of legal language. Written in the spirit of Fletcher's classic Rethinking Criminal Law, this work is essential reading in the field of international and comparative law.
Author : Jens David Ohlin,Larry May
Publisher : Oxford University Press
Page : 216 pages
File Size : 54,9 Mb
Release : 2016-09-08
Category : Law
ISBN : 9780190622954
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 : James Crawford,Alain Pellet,Simon Olleson,Dr Kate Parlett
Publisher : Oxford University Press
Page : 1364 pages
File Size : 45,9 Mb
Release : 2010-05-20
Category : Law
ISBN : 9780199296972
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.
Author : Luca Malatesti,John McMillan
Publisher : Oxford University Press
Page : 341 pages
File Size : 54,8 Mb
Release : 2010-08-19
Category : Law
ISBN : 9780199551637
The discussion of whether psychopaths are morally responsible for their behaviour has long taken place in philosophy. In recent years this has moved into scientific and psychiatric investigation. Responsibility and Psychopathy discusses this subject from both the philosophical and scientific disciplines, as well as a legal perspective.
Author : Dire Tladi
Publisher : BRILL
Page : 806 pages
File Size : 51,5 Mb
Release : 2021-08-16
Category : Law
ISBN : 9789004464124
Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions is a collection of contributions on various aspects of jus cogens in international law.