Necessity and Proportionality and the Right of Self-Defence in International Law PDF Download
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Author: Chris O'Meara
Publisher: Oxford University Press, USA
ISBN: 0198863403
Category : Law
Languages : en
Pages : 289
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Book Description
The right of States to use force extraterritorially is conditioned by requirements of necessity and proportionality. This book provides a much-needed detailed analysis of those requirements, and a coherent and up-to-date account of the applicable contemporary international law in this field.
Author: Chris O'Meara
Publisher: Oxford University Press, USA
ISBN: 0198863403
Category : Law
Languages : en
Pages : 289
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Book Description
The right of States to use force extraterritorially is conditioned by requirements of necessity and proportionality. This book provides a much-needed detailed analysis of those requirements, and a coherent and up-to-date account of the applicable contemporary international law in this field.
Author:
Publisher:
ISBN:
Category : Courts-martial and courts of inquiry
Languages : en
Pages : 630
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Book Description
Author: Kenneth Anderson
Publisher: Hoover Institution Press
ISBN: 0817916563
Category : Political Science
Languages : en
Pages : 500
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Book Description
When Barack Obama came into office, the strategic landscape facing the United States in its overseas counterterrorism operations was undergoing a shift. Even before the rise of drones necessitated the articulation of legal doctrine, the Obama administration had to explain itself. In Speaking the Law, the authors offer a detailed examination of the speeches of the Obama administration on national security legal issues. Viewed together here for the first time, the authors lay out a broad array of legal and policy positions regarding a large number of principles currently contested at both the domestic and international levels. The book describes what the Obama administration has said about the legal framework in which it is operating with respect to such questions as the nature of the war on terrorism, the use of drones and targeted killings, detention, trial by military commission and in federal courts, and interrogation. The authors analyze this framework, examining the stresses on it and asking where the administration got matters right and where they were wrong. They conclude with suggestions for certain reforms to the framework for the administration and Congress to consider.
Author: Marie-Claire Cordonier Segger
Publisher: Kluwer Law International B.V.
ISBN: 9041131663
Category : Law
Languages : en
Pages : 978
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Book Description
Sustainable development, as defined by the World Commission on Environment and Development, is "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." More specifically, sustainable development is a process of change that seeks to improve the collective quality of life by focusing on economically, socially, and environmentally sound projects that are viable in the long-term. Sustainable development requires structural economic change and the foundation of that change is investment. In developing nations with low levels of domestic savings, investment predictably comes from abroad in the form of foreign direct investment. A large and ever expanding number of international investment agreements are in place to govern these transactions. While these accords seek to foster development while mitigating the risk involved in these types investments, many questions remain unresolved. This highly insightful book reflects the contributions of a variety of world renowned experts each of which is designed to provide the reader with valuable perspective on recent developments in investment law negotiations and jurisprudence from a sustainable development law perspective. It offers answers to pertinent questions concerning advancements in investment law, including the negotiation of numerous regional and bilateral agreements as well as the increasing number of disputes resolved in the World Bank's International Centre for the Settlement of Investment Disputes (ICSID), from different developed and developing country perspectives. It lays out future directions for new treaty negotiations and dispute settlement proceedings, as well as ongoing investment promotion efforts, against a background of rapidly evolving international relationships between economic, environment and development law. It focuses on key issues in investment laws which have emerged as priorities in the negotiation of bilateral and regional investment agreements, and have been clarified through recent decisions of the ICSID and other arbitral panel awards.
Author: Marc Weller
Publisher: OUP Oxford
ISBN: 0191653918
Category : Law
Languages : en
Pages : 1377
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Book Description
The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition ofThe prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.
Author: Andrew Clapham
Publisher: Oxford University Press
ISBN: 0192538446
Category : Law
Languages : en
Pages : 625
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Book Description
How relevant is the concept of war today? This book examines how notions about war continue to influence how we conceive rights and obligations in national and international law. It also considers the role international law plays in limiting what is forbidden and legitimated in times of war or armed conflict. The book highlights how, even though war has been outlawed and should be finished as an institution, states nevertheless continue to claim that they can wage necessary wars of self-defence, engage in lawful killings in war, imprison law-of-war detainees, and attack objects which are said to be part of a war-sustaining economy. The book includes an overall account of the contemporary laws of war and delves into whether states should be able to continue to claim so-called 'belligerent rights' over their enemies and those accused of breaching expectations of neutrality. A central claim in the book is as follows: while there is general agreement that war has been abolished as a legal institution for settling disputes, the time has come to admit that the belligerent rights that once accompanied states at war are no longer available. The conclusion is that claiming to be in a war or an armed conflict does not grant anyone a licence to kill people, destroy things, and acquire other people's property or territory.
Author: Hallie Ludsin
Publisher: Jacana Media
ISBN: 9781770090545
Category : Abused women
Languages : en
Pages : 222
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Book Description
Extrait de la couverture : "Debunking the myths about domestic violence - in defence of battered women who kill : *why do men abuse?, *why don't abused women leave them?, *why do some women kill?, *and why they qualify for legal defence? The Justice for Women Campaign was initiated in 1998 by the Centre for the Study of Violence and Reconciliation. As its name suggests, the campaign seeks to promote the just and equitable treatments of battered women who have killed their abusive partners. The Campaign has three main goals : reforming legal defences to murder and sentencing guidelines ; establishing a review mechanism to allow for the early release of women who have killed abusive partners ; and providing legal and support services to women assisted by the Campaign."
Author: Caroline E. Foster
Publisher: Cambridge University Press
ISBN: 1139500163
Category : Law
Languages : en
Pages : 401
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Book Description
By canvassing a range of international scientific disputes, including the EC-Biotech and EC-Hormones disputes in the WTO, the case concerning Pulp Mills and the Gabcíkovo–Nagymaros case in the International Court of Justice, and the Mox Plant and Land Reclamation cases dealt with under the United Nations Convention on the Law of the Sea, Caroline Foster examines how the precautionary principle can be accommodated within the rules about proof and evidence and advises on the boundary emerging between the roles of experts and tribunals. A new form of reassessment proceedings for use in exceptional cases is proposed. Breaking new ground, this book seeks to advance international adjudicatory practice by contextualising developments in the taking of expert evidence and analysing the justification of and potential techniques for a precautionary reversal of the burden of proof, as well as methods for dealing with important scientific discoveries subsequent to judgements and awards.
Author: Richard Suchy
Publisher: iUniverse
ISBN: 0595270980
Category : Religion
Languages : en
Pages : 164
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Book Description
A personal relationship with Jesus Christ and the leading of the Holy Spirit are required as first steps in understanding the Bible. God then requires that believers diligently study His Word with open hearts and minds as they seek His truth. This book is intended as a study aid in understanding Bible prophecy. Questions addressed include:How will victory over world terrorism lead to something even more horrifying? What can we deduce about the personality and cultural background of Antichrist? What part does the ancient Wailing Wall in Jerusalem play in prophecy? Why do so many people believe in a seven-year "Tribulation" when the Bible teaches that the first half of this period is a time of peace? How will religious freedom lead to the outlawing of true Christianity? Why will God allow His people to suffer at the hands of Antichrist? Why do so many people believe in the imminent return of Christ when the Bible clearly indicates that certain events must happen first? Why will most of the earth's population look to Satan as the world's hope of salvation and see Jesus Christ as the super villain of the universe?
Author: Erica Beecher-Monas
Publisher: Cambridge University Press
ISBN: 9780521676557
Category : Law
Languages : en
Pages : 276
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Book Description
This book examines scientific evidence in both civil and criminal contexts.
