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Author : Mary Ellen O'Connell,Christian J. Tams,Dire Tladi
Publisher : Cambridge University Press
Page : 313 pages
File Size : 46,6 Mb
Release : 2019-08
Category : Law
ISBN : 9781107190740
Provides a multi-perspective study of the international law on self-defence against non-State actors.
Author : Noam Lubell
Publisher : OUP Oxford
Page : 320 pages
File Size : 51,6 Mb
Release : 2010-05-27
Category : Law
ISBN : 9780191029738
This book analyses the primary relevant rules of international law applicable to extra-territorial use of force by states against non-state actors. Force in this context takes many forms, ranging from targeted killings and abductions of individuals to large-scale military operations amounting to armed conflict. Actions of this type have occurred in what has become known as the 'war on terror', but are not limited to this context. Three frameworks of international law are examined in detail. These are the United Nations Charter and framework of international law regulating the resort to force in the territory of other states; the law of armed conflict, often referred to as international humanitarian law; and the law enforcement framework found in international human rights law. The book examines the applicability of these frameworks to extra-territorial forcible measures against non-state actors, and analyses the difficulties and challenges presented by application of the rules to these measures. The issues covered include, among others: the possibility of self-defence against non-state actors, including anticipatory self-defence; the lawfulness of measures which do not conform to the parameters of self-defence; the classification of extra-territorial force against non-state actors as armed conflict; the 'war on terror' as an armed conflict; the laws of armed conflict regulating force against groups and individuals; the extra-territorial applicability of international human rights law; and the regulation of forcible measures under human rights law. Many of these issues are the subject of ongoing and longstanding debate. The focus in this work is on the particular challenges raised by extra-territorial force against non-state actors and the book offers a number of solutions to these challenges.
Author : Eduardo Granzotto
Publisher : Editora Dialética
Page : 72 pages
File Size : 52,9 Mb
Release : 2021-06-07
Category : Law
ISBN : 9786525200903
"This book is the product of the author's master's thesis, defended in 2019 at King's College, in the International Peace and Security programme of the Department of War Studies. [...] In light of the new contemporary threats to international peace and security and their impact on jus ad bellum rules, the author questions whether the Unable or Unwilling Doctrine(UoU), used as an argument for the use of force in the recent fight against the 'Islamic State' in Syria, has a legal basis in the context of self-defence against non-state actors. He then goes on to explore practical ways in which the doctrine's application can be improved. [...] In the King's College's Department of War Studies, the examiners described the author's thesis as an exceptional piece of scholarly work, absorbing from its first line and reported that the author demonstrates a striking comprehension of complex legal questions, in addition to providing coherent, insightful, and very sophisticated arguments. Professor Granzotto's clever, perceptive, and opportune master's thesis led to a rich and particularly persuasive book, which reflects the thoughts of a mature, though young scholar ___ for whom we must predict the continuity of a superb career. "
Author : Dire Tladi
Publisher : BRILL
Page : 208 pages
File Size : 46,6 Mb
Release : 2022-05-16
Category : Law
ISBN : 9789004521483
This study assesses the rules of international law relevant to the use of force against non-State actors. The rules of international law on the use of force are the lynchpin of the project of international law for a more secure and peaceful world. Yet, as important as they are, the rules of international law on the use of force are also highly contentious. With the shift in the nature of conflicts from inter-State wars to conflicts involving non-State actors, and with the growth in the threat of global terrorism, the focus of the law on the use of force has shifted to the use of force against non-State actors. To assess the permissibility of the use of force against non-State actors, this study will focus on two grounds that have been advanced as bases for the extraterritorial use of force against non-State actors: the right of a State to act in self-defence and intervention by invitation. While there are other grounds that have been advanced for the extraterritorial use of force in international law, it is only in respect of these two grounds that the role of non-State actors has a significant influence on the legality or not of the use of force.
Author : Marc Weller,Alexia Solomou,Jake William Rylatt
Publisher : Unknown
Page : 1377 pages
File Size : 42,8 Mb
Release : 2015
Category : Law
ISBN : 9780199673049
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.
Author : Tom Ruys
Publisher : Cambridge University Press
Page : 617 pages
File Size : 51,5 Mb
Release : 2010-11-25
Category : Law
ISBN : 9781139494830
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'.
Author : Gregory Shaffer
Publisher : Cambridge University Press
Page : 345 pages
File Size : 41,5 Mb
Release : 2021-07-22
Category : Business & Economics
ISBN : 9781108495196
This book explains the rise of China, India, and Brazil in the international trading system, and the implications for trade law.
Author : Yoram Dinstein
Publisher : Cambridge University Press
Page : 409 pages
File Size : 43,8 Mb
Release : 2011-10-20
Category : Law
ISBN : 9781139503174
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.
Author : Christine Chinkin,Mary Kaldor
Publisher : Cambridge University Press
Page : 611 pages
File Size : 55,7 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 : Kinga Tibori Szabó
Publisher : Springer Science & Business Media
Page : 348 pages
File Size : 44,8 Mb
Release : 2011-08-22
Category : Law
ISBN : 9067047961
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.
Author : Mary Ellen O'Connell
Publisher : Cambridge University Press
Page : 331 pages
File Size : 53,7 Mb
Release : 2019-05-16
Category : Law
ISBN : 9781108426664
Aesthetic philosophy and the arts offer an innovative and attractive approach to enhancing international law in support of peace.
Author : Christine Gray
Publisher : OUP Oxford
Page : 2316 pages
File Size : 51,9 Mb
Release : 2008-07-17
Category : Law
ISBN : 9780191021626
This book explores the whole of the large and controversial subject of the use of force in international law; it examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the growing importance of regional organizations in the maintenance of international peace and security. Since the publication of the second edition of International Law and the Use of Force the law in this area has continued to undergo a fundamental reappraisal. Operation Enduring Freedom carries on against Al Qaida and the Taliban in Afghanistan six years after the terrorist attacks of 11 September 2001. Can this still be justified as self-defence in the 'war on terror'? Is there now a wide right of pre-emptive self-defence against armed attacks by non-state actors? The 2006 Israel/Lebanon conflict and the recent intervention of Ethiopia in Somalia raise questions about whether the 'war on terror' has brought major changes in the law on self-defence and on regime change. The 2003 invasion of Iraq gave rise to serious divisions between states as to the legality of this use of force and to talk of a crisis of collective security for the UN. In response the UN initiated major reports on the future of the Charter system; these rejected amendment of the Charter provisions on the use of force. They also rejected any right of pre-emptive self-defence. They advocated a 'responsibility to protect' in cases of genocide or massive violations of human rights; the events in Darfur show the practical difficulties with the implementation of such a duty.
Author : Shahid Sh Shukurov
Publisher : Unknown
Page : 314 pages
File Size : 52,8 Mb
Release : 2011
Category : Self-defense (International law)
ISBN : 3865736238
Author : Christine D. Gray
Publisher : Oxford University Press, USA
Page : 360 pages
File Size : 53,9 Mb
Release : 2004
Category : Aggression (International law).
ISBN : UOM:39015058796064
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.
Author : Seokwoo Lee,Hee Eun Lee
Publisher : BRILL
Page : 477 pages
File Size : 50,7 Mb
Release : 2020-11-30
Category : Law
ISBN : 9789004437784
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2018 edition of the Yearbook features articles on the practice of Asian states from the perspective of Third World Approaches to International Law (TWAIL).