The Right of Necessity

The Right of Necessity
Title The Right of Necessity PDF eBook
Author Alejandra Mancilla
Publisher Rowman & Littlefield
Pages 140
Release 2016-08-19
Genre Philosophy
ISBN 1783485876

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What does the basic right to subsistence allow its holders to do for themselves when it goes unfulfilled? This book guides the reader through the morality of infringing property rights for subsistence, in a global context.

Necessity and Proportionality and the Right of Self-Defence in International Law

Necessity and Proportionality and the Right of Self-Defence in International Law
Title Necessity and Proportionality and the Right of Self-Defence in International Law PDF eBook
Author Chris O'Meara
Publisher Oxford University Press
Pages 289
Release 2021-03-11
Genre Law
ISBN 0192608568

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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.

Necessity and National Emergency Clauses

Necessity and National Emergency Clauses
Title Necessity and National Emergency Clauses PDF eBook
Author Diane A. Desierto
Publisher Martinus Nijhoff Publishers
Pages 433
Release 2012-01-05
Genre Political Science
ISBN 9004218521

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Unveiling the complex dynamic between State sovereignty and necessity doctrine as historically practiced in international political relations, this book proposes analytical criteria to assess the lawfulness and legitimacy of interpretations of necessity and national emergency clauses in specialized treaty regimes.

Freedom and Necessity

Freedom and Necessity
Title Freedom and Necessity PDF eBook
Author Steven Brust
Publisher Macmillan
Pages 456
Release 2007-04-17
Genre Fiction
ISBN 9780765316806

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If you liked Susanna Clarke's Jonathan Strange & Mr Norrell-or Christopher Priest's The Prestige-or Iain Pears' An Instance of the Fingerpost-here is a classic of magic-tinged adventure you may have missed.

Military Necessity in International Cultural Heritage Law

Military Necessity in International Cultural Heritage Law
Title Military Necessity in International Cultural Heritage Law PDF eBook
Author Berenika Drazewska
Publisher BRILL
Pages 391
Release 2021-12-13
Genre Law
ISBN 9004432566

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Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.

The Politics of Necessity

The Politics of Necessity
Title The Politics of Necessity PDF eBook
Author Elke Zuern
Publisher Univ of Wisconsin Press
Pages 264
Release 2011-02-12
Genre History
ISBN 029925013X

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The end of apartheid in South Africa broke down political barriers, extending to all races the formal rights of citizenship, including the right to participate in free elections and parliamentary democracy. But South Africa remains one of the most economically polarized nations in the world. In The Politics of Necessity Elke Zuern forcefully argues that working toward greater socio-economic equality—access to food, housing, land, jobs—is crucial to achieving a successful and sustainable democracy. Drawing on interviews with local residents and activists in South Africa’s impoverished townships during more than a decade of dramatic political change, Zuern tracks the development of community organizing and reveals the shifting challenges faced by poor citizens. Under apartheid, township residents began organizing to press the government to address the basic material necessities of the poor and expanded their demands to include full civil and political rights. While the movement succeeded in gaining formal political rights, democratization led to a new government that instituted neo-liberal economic reforms and sought to minimize protest. In discouraging dissent and failing to reduce economic inequality, South Africa’s new democracy has continued to disempower the poor. By comparing movements in South Africa to those in other African and Latin American states, this book identifies profound challenges to democratization. Zuern asserts the fundamental indivisibility of all human rights, showing how protest movements that call attention to socio-economic demands, though often labeled a threat to democracy, offer significant opportunities for modern democracies to evolve into systems of rule that empower all citizens.

The Nature of Necessity

The Nature of Necessity
Title The Nature of Necessity PDF eBook
Author Alvin Plantinga
Publisher Clarendon Press
Pages 266
Release 1978-02-01
Genre Philosophy
ISBN 0191037176

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This is a reissue of a book which is an exploration and defence of the notion of modality 'de re', the idea that objects have both essential and accidental properties. It is one of the first full-length studies of the modalities to emerge from the debate to which Saul Kripke, David Lewis, Ruth Marcus and others have contributed. The argument is developed by means of the notion of possible worlds, and ranges over key problems including the nature of essence, trans-world identity, negative existential propositions, and the existence of unactual objects in other possible worlds. In the final chapters Professor Plantinga applies his logical theories to the clarification of two problems in the philosophy of religion - the Problem of Evil and the Ontological Argument.