Download the inherent right of self defence in international law 19 ius gentium comparative perspectives on law and justice in pdf or read the inherent right of self defence in international law 19 ius gentium comparative perspectives on law and justice in pdf online books in PDF, EPUB and Mobi Format. Click Download or Read Online button to get the inherent right of self defence in international law 19 ius gentium comparative perspectives on law and justice in pdf book now. This site is like a library, Use search box in the widget to get ebook that you want.



The Inherent Right Of Self Defence In International Law

Author: Murray Colin Alder
Publisher: Springer Science & Business Media
ISBN: 9400748507
Size: 20.72 MB
Format: PDF, Kindle
View: 1736
Download and Read
Determining the earliest point in time at which international law authorises a state to exercise its inherent right of self-defence is an issue which has been debated, but unsatisfactorily reasoned, by scholars and states since the 1960’s. Yet it remains arguably the most pressing question of law that faces the international community. This book unravels the legal and factual complications which have obscured the answer to this question. In contrast to most other works, it takes an historic approach by tracing the evolution of the rights, rules and principles of international law which have governed the use of force by states since the 16th century. Its emphasis on self-defence provides the reader with a new and complete understanding of how and why the international legal framework limits defensive force to repelling an imminent threat or use of offensive force which is directed at the territory of a state. Taking an historic approach enables this book to resurrect an understanding of the human defensive instinct which has guided the formation of the international law of self-defence. It also explains the true legal nature and scope of the inherent right of self-defence, of anticipatory self-defence and provides a definition of the legal commencement of an armed attack for the purpose of Article 51 of the Charter. Finally, the reader will receive a unique source of research materials and analysis of state practice and of scholarly works concerning self-defence and the use of force since the 16th century, which is suitable for all readers of international law around the world.

Gezielte T Tung

Author: Frank Witzleben
Publisher: Logos Verlag Berlin GmbH
ISBN: 3832543457
Size: 54.13 MB
Format: PDF, Kindle
View: 7693
Download and Read
Diese Studie zur gezielten Tötung greift ein kontrovers diskutiertes Thema auf: Der Einsatz von Kampfdrohnen mit dem Ziel der Tötung von Individuen fernab eines Kriegsschauplatzes hat sich zu einer Staatenpraxis entwickelt, der von Seiten der politisch führenden europäischen Nationen kein Widerstand entgegengesetzt wird. Berichte und Diskussionen innerhalb der Organisationen der Vereinten Nationen lassen dagegen erkennen, dass diese Form geheimdienstlich gesteuerter Operationen sowohl das humanitäre Völkerrecht der Genfer Konventionen als auch die maßgeblichen Menschenrechtskonventionen verletzt. Innerhalb des Völkerrechts gibt es bis heute weder eine Legaldefinition des Begriffs gezielter Tötung noch eine einheitliche Rechtsprechung auf der Grundlage des humanitären Völkerrechts. Auch im Rahmen des Rechtsregimes der Menschenrechte sind bisher keine verbindlichen Urteile zur Legalität/Illegalität gezielter Tötungen im Grenzbereich von Kriegsführung, Strafverfolgung und präventiver Gefahrenabwehr ergangen. Die vorliegende Untersuchung diskutiert die Herausforderungen an das Völkerrecht und die UN vor dem Hintergrund der asymmetrischen Kriege und des transnationalen Terrorismus.

Anticipatory Action In Self Defence

Author: Kinga Tibori Szabó
Publisher: Springer Science & Business Media
ISBN: 9789067047968
Size: 34.70 MB
Format: PDF, Mobi
View: 6346
Download and Read
The legality of preemptive strikes is one of the most controversial questions of contemporary international law. At the core of this controversy stands the temporal dimension of self-defence: when and for how long can a state defend itself against an armed attack? Can it resort to armed force before such an attack occurs? Is anticipatory action covered by the rules of self-defence or should it be treated as a different concept? This book examines whether anticipatory action in self-defence is part of customary international law and, if so, under what conditions. The pre-Charter concept of anticipatory action is demarcated and then assessed against post-Charter state practice. Several instances of self-defence – both anticipatory and remedial – are examined to elucidate the rules governing the temporal dimension of the right. The Six-Day War (1967), the Israeli bombing of an Iraqi reactor (1981), the US invasion of Iraq (2003) and other instances of state practice are given thorough attention.

The Future Of Drone Use

Author: Bart Custers
Publisher: Springer
ISBN: 9462651329
Size: 14.54 MB
Format: PDF, Mobi
View: 1289
Download and Read
Given the popularity of drones and the fact that they are easy and cheap to buy, it is generally expected that the ubiquity of drones will significantly increase within the next few years. This raises questions as to what is technologically feasible (now and in the future), what is acceptable from an ethical point of view and what is allowed from a legal point of view. Drone technology is to some extent already available and to some extent still in development. The aim and scope of this book is to map the opportunities and threats associated with the use of drones and to discuss the ethical and legal issues of the use of drones. This book provides an overview of current drone technologies and applications and of what to expect in the next few years. The question of how to regulate the use of drones in the future is addressed, by considering conditions and contents of future drone legislation and by analyzing issues surrounding privacy and safeguards that can be taken. As such, this book is valuable to scholars in several disciplines, such as law, ethics, sociology, politics and public administration, as well as to practitioners and others who may be confronted with the use of drones in their work, such as professionals working in the military, law enforcement, disaster management and infrastructure management. Individuals and businesses with a specific interest in drone use may also find in the nineteen contributions contained in this volume unexpected perspectives on this new field of research and innovation. Bart Custers is Associate Professor and Head of Research at eLaw, the Center for Law and Digital Technologies at Leiden University, The Netherlands. He has presented his work at international conferences in the United States, China, Japan, the Middle East and throughout Europe and has published over 80 scientific, professional and popularizing publications, including three books.

International Law As A World Order In Late Imperial China

Author: Rune Svarverud
Publisher: BRILL
ISBN: 9004160191
Size: 20.50 MB
Format: PDF, Docs
View: 4438
Download and Read
The topic of this book is the early introduction and reception of international law in China. International law is studied as part of the introduction of the Western sciences and as a theoretical orientation in international affairs 1847-1911.

The Politics Of Adoption

Author: Kerry O'Halloran
Publisher: Springer
ISBN: 9401797773
Size: 55.62 MB
Format: PDF, Kindle
View: 1329
Download and Read
This book explains, compares and evaluates the social and legal functions of adoption within a range of selected jurisdictions and on an international basis. It updates and extends the second edition published by Springer in 2009. From a standpoint of the development of adoption in England & Wales and the changes currently taking place there, it considers the process as it has evolved in other countries. It identifies themes of commonality and difference in the experience of adoption in a common law context as compared and contrasted with that of other countries. It looks at adoption in France, Sweden and other civil law countries, as well as Japan and elsewhere in Asia, including a focus on Islamic adoption. It examines the experience of indigenous people in New Zealand and Australia, contrasting the highly regulated legal process of modern western society with the traditional practice of indigenous communities such as the Maori. A new chapter studies adoption in China. The book uses the international Conventions and associated ECtHR case law to benchmark developments in national law, policy and practice and to facilitate a cross-cultural comparative analysis.

Self Defence In International Law

Author: D. W. Bowett
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584778555
Size: 54.94 MB
Format: PDF, ePub
View: 5232
Download and Read
Bowett, D.W.Self-Defence in International Law. New York: Praeger, [1958]. xv, 294 pp. Reprinted 2009 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-855-4. ISBN-10: 1-58477-855-5. Cloth. $95.* 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 the 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. "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.

Public International Law

Author: Gideon Boas
Publisher: Edward Elgar Publishing
ISBN: 0857939564
Size: 80.22 MB
Format: PDF, Mobi
View: 5220
Download and Read
'Gideon Boas's experience as an international litigator and his renown as an academic practitioner means he was well-placed to write a book on international law that both covers this growing field and enters it at key moments to illustrate important themes. This book accomplishes the difficult task of offering a wide-ranging perspective on the whole field, as well as conveying the ferment that surrounds it. Students of international law will derive great benefit from it.' – Gerry Simpson, University of Melbourne, Australia Public International Law offers a comprehensive understanding of international law as well as a fresh and highly accessible approach. While explaining the theory and development of international law, this work also examines how it functions in practice. Case studies and recent examples are infused in the discussion on each topic, and critical perspectives on the principles are given prominence, building an understanding of how and why the international legal system operates in the way it does and where it is heading. For each principle, the book starts by explaining the theoretical foundations in detail before illustrating how these principles function in practice. Features include: • a focus on fundamental principles of international law rather than specialist sub-topics; • integrated and contextual explanation of political and extra-legal dimension of international legal system; • principles of international law placed within a contemporary real-life context; • traditional and contemporary case studies explained in the context of legal principles; and • uniform structure to facilitate understanding. With insight founded on the author's many years of experience as a practitioner and academic in the field of international law, this work will offer legal practitioners, policy makers and students, both undergraduate and postgraduate, an invaluable insight into the field of international law.

Brierly S Law Of Nations

Author: James Leslie Brierly
Publisher: Oxford University Press
ISBN: 0199657939
Size: 23.84 MB
Format: PDF
View: 5235
Download and Read
Work first published in 1928 under the title: Law of nations.

Courts And Comparative Law

Author: Mads Andenas
Publisher: Oxford University Press, USA
ISBN: 0198735332
Size: 18.47 MB
Format: PDF
View: 1221
Download and Read
While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.