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The Myth of Preemptive Self-defense

The Myth of Preemptive Self-defense PDF Author: Mary Ellen O'Connell
Publisher:
ISBN:
Category : Preemptive attack (Military science)
Languages : en
Pages : 21

Book Description


The Art of Law in the International Community

The Art of Law in the International Community PDF Author: Mary Ellen O'Connell
Publisher: Cambridge University Press
ISBN: 1108426662
Category : Law
Languages : en
Pages : 331

Book Description
Aesthetic philosophy and the arts offer an innovative and attractive approach to enhancing international law in support of peace.

The Oxford Handbook of the Use of Force in International Law

The Oxford Handbook of the Use of Force in International Law PDF Author: Marc Weller
Publisher:
ISBN: 0199673047
Category : Law
Languages : en
Pages : 1377

Book Description
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.

Targeted Killing

Targeted Killing PDF Author: Thomas B. Hunter
Publisher: Thomas Hunter
ISBN: 143925205X
Category : Assassination
Languages : en
Pages : 55

Book Description
This is an objective, strategic assessment of the role, usefulness, and logistical concerns posed by state-sponsored targeted killing and its overall efficiency in the current war on global terrorism.

Law And Force In The New International Order

Law And Force In The New International Order PDF Author: Lori Fisler Damrosch
Publisher: Routledge
ISBN: 0429719396
Category : Political Science
Languages : en
Pages : 287

Book Description
Momentous events of recent years have shown the tremendous potential for developing and applying international law, even in the area that has always presented the greatest challenge to the rule of law—the use of force. The collaborative response by the United States, the Soviet Union, and other major powers to the Iraqi army's invasion and occupation of Kuwait showed unprecedented unity on the relevance of international law, its rules, and its enforceability through decisions of the UN Security Council. What explains this historic convergence of views? What differences remain about the legality of using armed force in the new international order that is emerging with the end of the Cold War? Law and Force in the New International Order offers a timely and comprehensive inquiry into the growing number of situations where the temptation or necessity to use military force confronts the tenets of international law. Distinguished American and Soviet legal scholars and practitioners explore the idea of the primacy of law over politics, the notion held by some that U.S. military force may be applied for the sake of democracy at a time when Moscow has rejected the Brezhnev Doctrine, the tension between collective security and collective self-defense during the Iraq-Kuwait crisis, and the prospects for the use of force being authorized by the United Nations and regional organizations. The contributors also examine the vexing legal issues raised by interventions to protect human rights, to overthrow "illegitimate" regimes, and to combat international terrorism and drug trafficking; the restraints on the use of force promised by new arms control agreements; and the future role of the World Court and other tribunals in preventing or settling disputes involving the threat or use of force.

The Six-Day War and Israeli Self-Defense

The Six-Day War and Israeli Self-Defense PDF Author: John Quigley
Publisher: Cambridge University Press
ISBN: 1107032067
Category : History
Languages : en
Pages : 285

Book Description
The war of June 1967 between Israel and Arab states was widely perceived as being forced on Israel to prevent the annihilation of its people by Arab armies hovering on its borders. Documents now declassified by key governments question this view. The UK, USSR, France and the USA all knew that the Arab states were not in attack mode and tried to dissuade Israel from attacking. In later years, this war was held up as a precedent allowing an attack on a state that is expected to attack. It has even been used to justify a pre-emptive assault on a state expected to attack well in the future. Given the lack of evidence that it was waged by Israel in anticipation of an attack by Arab states, the 1967 war can no longer serve as such a precedent. This book seeks to provide a corrective on the June 1967 war.

Self-defence in International Law

Self-defence in International Law PDF Author: D. W. Bowett
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584778555
Category : Légitime défense (Droit international).
Languages : en
Pages : 310

Book Description
Self-defense and the right to go to war. Originally published: New York: Praeger, [1958]. xv, 294 pp. Bowett observes that the use or threat of force by any state can be a delict, an approved sanction, or a measure taken in self-defense. He examines the evolution of self-defense doctrine in the nineteenth and early-twentieth centuries, with the assumption of the existence of a state's unlimited 'right' to go to war. He then attempts to outline the limited and provisional effects of this right under the U.N. Charter. This book was written after Bowett's term as a United Nations legal officer from 1957-1959. "Throughout the work there is a refusal to dogmatize or to state in absolute terms any aspect of the 'privilege' of self-defence in its present context. (...) [Bowett] is to be congratulated on producing a timely and scholarly survey of one of the most fundamental, and often abused, sovereign rights known to international law." --K.R. Simmonds, British Year Book of International Law 34 (1958) 432. SIR DEREK WILLIAM BOWETT [1927-2009], an international lawyer, was President of Queens' College, Cambridge from 1969-1982 and Whewell Professor of International Law, Cambridge, from 1981-1991. He was awarded a CBE in 1983 and a knighthood in 1998. He is the author of The Law of International Institutions (1963), United Nations Forces: A Legal Study (1964), The Law of the Sea (1967), The Search for Peace (1972) and The International Court of Justice (1996).

War and Self-Defense

War and Self-Defense PDF Author: David Rodin
Publisher: Clarendon Press
ISBN: 0191531545
Category : Philosophy
Languages : en
Pages : 232

Book Description
When is it right to go to war? The most persuasive answer to this question has always been 'in self-defense'. In a penetrating new analysis, bringing together moral philosophy, political science, and law, David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defense which resolves many of the perplexing questions that have dogged both jurists and moral philosophers. By applying the theory of self-defense to international relations, Rodin produces a far-reaching critique of the canonical Just War theory. The simple analogy between self-defense and national defense - between the individual and the state - needs to be fundamentally rethought, and with it many of the basic elements of international law and the ethics of international relations.

Irregular Enemies and the Essence of Strategy

Irregular Enemies and the Essence of Strategy PDF Author: Colin S. Gray
Publisher:
ISBN:
Category : Counterinsurgency
Languages : en
Pages : 84

Book Description
The author offers a detailed comparison between the character of irregular warfare, insurgency in particular, and the principal enduring features of "the American way." He concludes that there is a serious mismatch between that "way" and the kind of behavior that is most effective in countering irregular foes. The author poses the question, Can the American way of war adapt to a strategic threat context dominated by irregular enemies? He suggests that the answer is "perhaps, but only with difficulty."

Self-defense in Islamic and International Law

Self-defense in Islamic and International Law PDF Author: N. Shah
Publisher: Springer
ISBN: 0230611656
Category : Political Science
Languages : en
Pages : 197

Book Description
The book argues that the concept of self-defense in Islamic and International law is compatible. Al-Qaeda's declaration of Jihad does not meet the Islamic legal test. Similarly, the invasion of Iraq does meet the international legal test.

The Crime of Aggression

The Crime of Aggression PDF Author: Claus Kreß
Publisher: Cambridge University Press
ISBN: 1108107494
Category : Law
Languages : en
Pages :

Book Description
The 2010 Kampala Amendments to the Rome Statute empowered the International Criminal Court to prosecute the 'supreme crime' under international law: the crime of aggression. This landmark commentary provides the first analysis of the history, theory, legal interpretation and future of the crime of aggression. As well as explaining the positions of the main actors in the negotiations, the authoritative team of leading scholars and practitioners set out exactly how countries have themselves criminalized illegal war-making in domestic law and practice. In light of the anticipated activation of the Court's jurisdiction over this crime in 2017, this work offers, over two volumes, a comprehensive legal analysis of how to understand the material and mental elements of the crime of aggression as defined at Kampala. Alongside The Travaux Préparatoires of the Crime of Aggression (Cambridge, 2011), this commentary provides the definitive resource for anyone concerned with the illegal use of force.