Necessity In International Law

Author : Burleigh Cushing Rodick
Publisher :
ISBN 13 :
Total Pages : 218 pages
Book Rating : 4.34/5 ( download)

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Download or read book The Doctrine of Necessity in International Law written by Burleigh Cushing Rodick and published by . This book was released on 1928 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the extent to which the doctrine of necessity in international law possesses legal validity and also the extent to which lawful limitations may be imposed.

Author : Chris O'Meara
Publisher : Oxford University Press
ISBN 13 : 0192608568
Total Pages : 289 pages
Book Rating : 4.67/5 ( download)

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Download or read book Necessity and Proportionality and the Right of Self-Defence in International Law written by Chris O'Meara and published by Oxford University Press. This book was released on 2021-03-11 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Berenika Drazewska
Publisher : BRILL
ISBN 13 : 9004432566
Total Pages : 391 pages
Book Rating : 4.67/5 ( download)

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Download or read book Military Necessity in International Cultural Heritage Law written by Berenika Drazewska and published by BRILL. This book was released on 2021-12-13 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Jens David Ohlin
Publisher : Oxford University Press
ISBN 13 : 0190622954
Total Pages : 216 pages
Book Rating : 4.54/5 ( download)

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Download or read book Necessity in International Law written by Jens David Ohlin and published by Oxford University Press. This book was released on 2016-09-08 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Necessity is a notoriously dangerous and slippery concept-dangerous because it contemplates virtually unrestrained killing in warfare and slippery when used in conflicting ways in different areas of international law. Jens David Ohlin and Larry May untangle these confusing strands and perform a descriptive mapping of the ways that necessity operates in legal and philosophical arguments in jus ad bellum, jus in bello, human rights, and criminal law. Although the term "necessity" is ever-present in discussions regarding the law and ethics of killing, its meaning changes subtly depending on the context. It is sometimes an exception, at other times a constraint on government action, and most frequently a broad license in war that countenances the wholesale killing of enemy soldiers in battle. Is this legal status quo in war morally acceptable? Ohlin and May offer a normative and philosophical critique of international law's prevailing notion of jus in bello necessity and suggest ways that killing in warfare could be made more humane-not just against civilians but soldiers as well. Along the way, the authors apply their analysis to modern asymmetric conflicts with non-state actors and the military techniques most likely to be used against them. Presenting a rich tapestry of arguments from both contemporary and historical Just War theory, Necessity in International Law is the first full-length study of necessity as a legal and philosophical concept in international affairs.

Author : Judith Gardam
Publisher : Cambridge University Press
ISBN 13 : 1139456172
Total Pages : 288 pages
Book Rating : 4.73/5 ( download)

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Download or read book Necessity, Proportionality and the Use of Force by States written by Judith Gardam and published by Cambridge University Press. This book was released on 2004-11-18 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.

Author : Claus Kreß
Publisher : Oxford University Press, USA
ISBN 13 : 0197537375
Total Pages : 527 pages
Book Rating : 4.74/5 ( download)

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Download or read book Necessity and Proportionality in International Peace and Security Law written by Claus Kreß and published by Oxford University Press, USA. This book was released on 2020-11-30 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Necessity and proportionality occupy a firm place in the international law governing the use of force by states. Perhaps most importantly for practical purposes, the exercise of the right of self-defense, as recognized in Article 51 of the United Nations Charter, is subject to the requirements of necessity and proportionality, as the International Court of Justice determined in the Nicaragua case. Necessity and proportionality are also firmly anchored in the international law governing armed conflicts. In its Nuclear Weapons Advisory Opinion, the International Court of Justice even referred to one articulation of the idea of necessity, that directed against the causing of unnecessary suffering, as one of two "cardinal principles" of this body of law. However, beyond statement in such general terms, the realms of uncertainty and controversy soon begin. It is far from clear, for example, how to distinguish with precision between necessity and proportionality in the international law on self-defense and, in immediate connection herewith, what it means precisely to say that forcible action taken in the exercise of self-defense must be proportionate. It is all the less clear what legal significance, if any, necessity and proportionality possess in other contexts of the international law governing the use of force"--

Author : Nobuo Hayashi
Publisher : Cambridge University Press
ISBN 13 : 1108662080
Total Pages : 453 pages
Book Rating : 4.86/5 ( download)

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Download or read book Military Necessity written by Nobuo Hayashi and published by Cambridge University Press. This book was released on 2020-03-26 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to say that international humanitarian law (IHL) strikes a realistic and meaningful balance between military necessity and humanity, and that the law therefore 'accounts for' military necessity? To what consequences does the law 'accounting for' military necessity give rise? Through real-life examples and careful analysis, this book challenges received wisdom on the subject by devising a new theory that not only reaffirms Kriegsräson's fallacy but also explains why IHL has no reason to restrict or prohibit militarily unnecessary conduct on that ground alone. Additionally, the theory hypothesises greater normative significance for humanitarian and chivalrous imperatives when they conflict with IHL rules. By combining international law, jurisprudence, military history, strategic studies, and moral philosophy, this book reveals how rational fighting relates to ethical fighting, how IHL incorporates contrasting values that shape its rules, and how law and theory adapt themselves to war's evolutions.

Author : Diane A. Desierto
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004218521
Total Pages : 433 pages
Book Rating : 4.29/5 ( download)

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Download or read book Necessity and National Emergency Clauses written by Diane A. Desierto and published by Martinus Nijhoff Publishers. This book was released on 2012-01-05 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Jens David Ohlin
Publisher : Oxford University Press
ISBN 13 : 0190622946
Total Pages : 216 pages
Book Rating : 4.47/5 ( download)

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Download or read book Necessity in International Law written by Jens David Ohlin and published by Oxford University Press. This book was released on 2016-09-09 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Necessity is a notoriously dangerous and slippery concept-dangerous because it contemplates virtually unrestrained killing in warfare and slippery when used in conflicting ways in different areas of international law. Jens David Ohlin and Larry May untangle these confusing strands and perform a descriptive mapping of the ways that necessity operates in legal and philosophical arguments in jus ad bellum, jus in bello, human rights, and criminal law. Although the term "necessity" is ever-present in discussions regarding the law and ethics of killing, its meaning changes subtly depending on the context. It is sometimes an exception, at other times a constraint on government action, and most frequently a broad license in war that countenances the wholesale killing of enemy soldiers in battle. Is this legal status quo in war morally acceptable? Ohlin and May offer a normative and philosophical critique of international law's prevailing notion of jus in bello necessity and suggest ways that killing in warfare could be made more humane-not just against civilians but soldiers as well. Along the way, the authors apply their analysis to modern asymmetric conflicts with non-state actors and the military techniques most likely to be used against them. Presenting a rich tapestry of arguments from both contemporary and historical Just War theory, Necessity in International Law is the first full-length study of necessity as a legal and philosophical concept in international affairs.

Author : Sigrid Redse Johansen
Publisher : Cambridge University Press
ISBN 13 : 1108493920
Total Pages : 451 pages
Book Rating : 4.25/5 ( download)

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Download or read book The Military Commander's Necessity written by Sigrid Redse Johansen and published by Cambridge University Press. This book was released on 2019-10-03 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive examination of the legal limits to the military commander's assessment of military necessity during armed conflict.