Self Defense In Islamic And International Law

Author : N. Shah
Publisher : Springer
ISBN 13 : 0230611656
Total Pages : 192 pages
Book Rating : 4.58/5 ( download)

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Download or read book Self-defense in Islamic and International Law written by N. Shah and published by Springer. This book was released on 2008-03-17 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Jan Arno Hessbruegge
Publisher : Oxford University Press
ISBN 13 : 019065502X
Total Pages : 401 pages
Book Rating : 4.20/5 ( download)

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Download or read book Human Rights and Personal Self-defense in International Law written by Jan Arno Hessbruegge and published by Oxford University Press. This book was released on 2017 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on author's thesis (doctoral - European University Viadrina in Frankfurt (Oder), Germany, 2016) issued under title: The right to personal self-defence as a general principle of law and its general application in international human rights law --Verso of title page.

Author : D. W. Bowett
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584778555
Total Pages : 310 pages
Book Rating : 4.54/5 ( download)

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Download or read book Self-defence in International Law written by D. W. Bowett and published by The Lawbook Exchange, Ltd.. This book was released on 2009 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).

Author : Yoram Dinstein
Publisher : Cambridge University Press
ISBN 13 : 1139503170
Total Pages : 409 pages
Book Rating : 4.74/5 ( download)

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Download or read book War, Aggression and Self-Defence written by Yoram Dinstein and published by Cambridge University Press. This book was released on 2011-10-20 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Yoram Dinstein's influential textbook is an indispensable guide to the legal issues of war and peace, armed attack, self-defence and enforcement measures taken under the aegis of the Security Council. This fifth edition incorporates recent treaties such as the Kampala amendments of the Statute of the International Criminal Court, new case law from the International Court of Justice and other tribunals, and contemporary doctrinal debates. Several new supplementary sections are also included, which take into account recent conflicts around the world, and consideration is given to new resolutions of the Security Council. With many segments having been rewritten to reflect recent State practice, this book remains a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence.

Author : Tadashi Mori
Publisher : BRILL
ISBN 13 : 9004355006
Total Pages : 288 pages
Book Rating : 4.02/5 ( download)

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Download or read book Origins of the Right of Self-Defence in International Law written by Tadashi Mori and published by BRILL. This book was released on 2018-01-11 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book defines the right of self-defence as understood in and before 1945 and offers a possible better alternative for interpreting the significance of the precondition provided for in the Article 51 of the United Nations Charter.

Author : Farhad Malekian
Publisher : BRILL
ISBN 13 : 9004203974
Total Pages : 470 pages
Book Rating : 4.76/5 ( download)

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Download or read book Principles of Islamic International Criminal Law written by Farhad Malekian and published by BRILL. This book was released on 2011-06-22 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the system of international law is improving enormously and certain legal provisions are becoming an integral part of jus cogens norms, this body of law must be studied together with other systems which have basically been effective in its development. The principles of the rule of law must be evaluated collectively rather than selectively. In fact, most Islamic nations have ratified the ICC Statute. They have thereby contributed to the establishment of the pillars of morality, equality, peace and justice. At the same time, those pillars may be strengthened by means of an accurate interpretation of the principles of international criminal laws by all parties. The objective of these comparative philosophies is to examine their core principles, similarities and differences. The intention is to indicate that the variation in theories may not obstruct the legal implementation of international criminal law if their dimensions are judged objectively and with the noblest of motives towards mankind.

Author : Onder Bakircioglu
Publisher : Routledge
ISBN 13 : 1136702741
Total Pages : 289 pages
Book Rating : 4.47/5 ( download)

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Download or read book Self-Defence in International and Criminal Law written by Onder Bakircioglu and published by Routledge. This book was released on 2011-05-11 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a broad and interdisciplinary approach to the doctrine of self-defence in both domestic criminal and international law. In particular it focuses on the requirement of imminence, which deals with the question of when individuals or States may legitimately resort to defensive force against a serious danger or harm. Drawing from scholarship across law, history, politics and philosophy, this book explores the permissibility of employing preventive force under the law of individual and national self-defence. The book illustrates how the law of international self-defence, and in particular the requirement of imminence, has been subjected to controversy in parallel with its domestic counterpart. In both disciplines the debate over imminence is centred on similar concerns, issues and tensions despite the fact the arguments put forward are designed to address different scenarios. The book surveys the roots, role, rationale, and objectives of self-defence and questions whether the requirement of imminence should be removed from the traditional contours of the self-defence doctrine in national and international law.

Author : Mary Ellen O'Connell
Publisher : Cambridge University Press
ISBN 13 : 1107190746
Total Pages : 313 pages
Book Rating : 4.40/5 ( download)

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Download or read book Self-Defence against Non-State Actors written by Mary Ellen O'Connell and published by Cambridge University Press. This book was released on 2019-08 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a multi-perspective study of the international law on self-defence against non-State actors.

Author : Stanimir A. Alexandrov
Publisher : BRILL
ISBN 13 : 9004635165
Total Pages : 375 pages
Book Rating : 4.66/5 ( download)

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Download or read book Self-Defense Against the Use of Force in International Law written by Stanimir A. Alexandrov and published by BRILL. This book was released on 2023-07-24 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Mohammad Z. Sabuj
Publisher : Springer Nature
ISBN 13 : 3030772985
Total Pages : 181 pages
Book Rating : 4.87/5 ( download)

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Download or read book The Legitimacy of Use of Force in Public and Islamic International Law written by Mohammad Z. Sabuj and published by Springer Nature. This book was released on 2021-06-22 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the legitimacy deficits of two potentially conflicting legal systems, namely Public and Islamic international law. It discusses the challenges that Public international law is being presented within the context of its relationship with Islamic international law. It explores how best to overcome these challenges through a comparative examination of state practices on the use of force. It highlights the legal-political legacies that evolved surrounding the claims of the legitimacy of use of force by armed non-state actors, states, and regional organizations. This book offers a critical analysis of these legacies in line with the Islamic Shari‘a law, United Nations Charter, state practices, and customs. It concludes that the legitimacy question has reached a vantage point where it cannot be answered either by Islamic or Public international law as a mutually exclusive legal system. Instead, Public international law must take a coherent approach within the existing legal framework.