Irresolvable Norm Conflicts in International Law
Title | Irresolvable Norm Conflicts in International Law PDF eBook |
Author | Valentin Jeutner |
Publisher | Oxford University Press |
Pages | 209 |
Release | 2017 |
Genre | Law |
ISBN | 0198808372 |
Many are familiar with the concept of a moral dilemma - a situation where a person faces a choice between two mutually exclusive actions. This book considers whether situations of this kind could and should exist within the sphere of international law.
Extraterritorial Use of Force Against Non-State Actors
Title | Extraterritorial Use of Force Against Non-State Actors PDF eBook |
Author | Noam Lubell |
Publisher | Oxford University Press |
Pages | 311 |
Release | 2010-05-27 |
Genre | Law |
ISBN | 0199584842 |
This book examines the legality of the use of force by states against individuals and non-state groups located beyond its borders, in light of applicable international law. The issues discussed include force used in the 'war on terror', pre-emptive self defence, and targeted killings of individuals.
Recognition of Governments in International Law
Title | Recognition of Governments in International Law PDF eBook |
Author | Stefan Talmon |
Publisher | Oxford University Press |
Pages | 476 |
Release | 1998 |
Genre | Language Arts & Disciplines |
ISBN | 9780198265733 |
Based on an analysis of the diplomatic practice of States, and decisions by national and international courts, this book explores the two central questions of the recognition of governments. These are namely: what are the meanings of the term 'recognition' and its variants in internationallaw; and what is the effect of recognition on the legal status of foreign authorities, and in particular of authorities in exile recognized as governments. The book is comprehensive in its analysis of the issues, and covers material which is of significant historical interest, as well as highlytopical material such as recent developments in Angola, Kuwait and Haiti. Thus Talmon's book will hold great appeal for international law scholars and practitioners alike. It may also be of interest to diplomats and civil servants working in organizations such as the United Nations.
Neutrality in Contemporary International Law
Title | Neutrality in Contemporary International Law PDF eBook |
Author | James Upcher |
Publisher | |
Pages | 324 |
Release | 2020 |
Genre | Law |
ISBN | 0198739761 |
While some have argued that neutrality has become irrelevant, this volume asserts that neutrality continues to be a key concept of the law of armed conflict. Neutrality in Contemporary International Law details the rights and duties of neutral states and demonstrates how the rules of neutrality continue to apply in modern day conflicts.
International Law and the Proliferation of Weapons of Mass Destruction
Title | International Law and the Proliferation of Weapons of Mass Destruction PDF eBook |
Author | Daniel H. Joyner |
Publisher | Oxford University Press |
Pages | 402 |
Release | 2009-03-05 |
Genre | Law |
ISBN | 0191548189 |
Proliferation of WMD technologies is by no means a new concern for the international community. Indeed, since the signing of the Nuclear Non-proliferation Treaty in 1968, tremendous energies have been expended upon diplomatic efforts to create a web of treaties and international organisations regulating the production and stockpiling of WMD sensitive materials within states, as well as their spread through the increasingly globalised channels of international trade to other states and non-state actors. However, the intervention in 2003 by Western powers in Iraq has served as an illustration of the importance of greater understanding of and attention to this area of law, as disagreements over its content and application have once again lead to a potentially destabilising armed intervention by members of the United Nations into the sovereign territory of another member state. Other ongoing disputes between states regarding the character of obligations assumed under non-proliferation treaty instruments, and the effect of international organisations' decisions in this area, form some of the most contentious and potentially destabilising issues of foreign policy concern for many states. This book provides a comprehensive analysis of international law and organisations in the area of WMD proliferation. It will serve both as a reference for understanding the law as it currently exists in its political and economic context, as well as an analysis of areas in which amendments to existing law and organisations are needed.
Statehood and the State-like in International Law
Title | Statehood and the State-like in International Law PDF eBook |
Author | Rowan Nicholson |
Publisher | |
Pages | 257 |
Release | 2019 |
Genre | Law |
ISBN | 0198851219 |
This book sets out to answer the question of when a political entity becomes a state in international law, one of the foundational questions of the discipline.
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 |
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.