Min side Kundeservice Gavekort – en perfekt gave Registrer deg

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

«The book is erudite and well populated with case studies (both judicial and political) and has copious footnotes and a good index.»

David Glass, Law Society Gazette

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. Les mer

1740,-
Innbundet
Sendes innen 21 dager
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.

Detaljer

Forlag
Oxford University Press
Innbinding
Innbundet
Språk
Engelsk
ISBN
9780198863403
Utgivelsesår
2021
Format
24 x 16 cm

Anmeldelser

«The book is erudite and well populated with case studies (both judicial and political) and has copious footnotes and a good index.»

David Glass, Law Society Gazette

Kunders vurdering

Oppdag mer

Bøker som ligner på Necessity and Proportionality and the Right of Self-Defence in International Law:

Se flere

Logg inn

Ikke medlem ennå? Registrer deg her

Glemt medlemsnummer/passord?

Handlekurv