Proportionality in International Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Proportionality in International Law PDF full book. Access full book title Proportionality in International Law by Michael A. Newton. Download full books in PDF and EPUB format.
Author: Michael A. Newton
Publisher: Oxford University Press, USA
ISBN: 0199355037
Category : Law
Languages : en
Pages : 354
Get Book Here
Book Description
1. Introduction 2. What is Proportionality? 3. Proportionality: A Multiplicity of Meanings 4. Proportionality in the Just War Tradition 5. Proportionality in International Humanitarian Law 6. Proportionality in Human Rights Law and Morality 7. The Uniqueness of Jus in Bello Proportionality 8. Countermeasures and Counterinsurgency 9. Human Shields and Risk 10. Targeted Killings and Proportionality in Law: Two Models 11. The Nature of War and the Idea of "Cyberwar" 12. Thresholds of Jus in Bello Proportionality Bibliography Index.
Author: Amichai Cohen
Publisher: Oxford University Press
ISBN: 0197556728
Category : Law
Languages : en
Pages : 281
Get Book Here
Book Description
In Proportionality in International Humanitarian Law, Amichai Cohen and David Zlotogorski offer a fresh and comprehensive look at the principle of proportionality. They discuss various areas in which there are disagreements over the way in which proportionality should be applied and offer original solutions to existing debates. Moreover, they suggest that when applying proportionality, the focus of the analysis should be on the procedures leading to the attack, and the precautions taken by the attacking force. They also discuss the course states should follow in investigating possible violations of the principle.
Author: Michael A. Newton
Publisher: Oxford University Press, USA
ISBN: 0199355037
Category : Law
Languages : en
Pages : 354
Get Book Here
Book Description
1. Introduction 2. What is Proportionality? 3. Proportionality: A Multiplicity of Meanings 4. Proportionality in the Just War Tradition 5. Proportionality in International Humanitarian Law 6. Proportionality in Human Rights Law and Morality 7. The Uniqueness of Jus in Bello Proportionality 8. Countermeasures and Counterinsurgency 9. Human Shields and Risk 10. Targeted Killings and Proportionality in Law: Two Models 11. The Nature of War and the Idea of "Cyberwar" 12. Thresholds of Jus in Bello Proportionality Bibliography Index.
Author: Ulf Linderfalk
Publisher: BRILL
ISBN: 9004448071
Category : Law
Languages : en
Pages : 230
Get Book Here
Book Description
This book casts new light on the application of the principle of proportionality in international law. Proportionality is claimed to play a central role in governing the exercise of public power in international law and has been presented as the ‘ultimate rule of law’. It has also been the subject of fierce criticism: it is argued that it leads to unreflexive and arbitrary application of the law and deprives rights of their role as a ’firewall’ protecting individuals. But the debate on proportionality has tended to focus on the question of ‘how’ proportionality should be carried out. Much less attention has been devoted to the question of ‘who’. This edited volume bring together scholars from a wide range of areas of international law to consider that question: whose interests are at stake when courts and other legal authorities apply the principle of proportionality? In so doing, this volume casts new light on the role which proportionality can play in international law, in shaping and modulating the power relations between the different entities governed by it.
Author: Chris O'Meara
Publisher: Oxford University Press
ISBN: 0192608568
Category : Law
Languages : en
Pages : 238
Get Book Here
Book Description
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: Claus Kreß
Publisher:
ISBN: 0197537375
Category : Law
Languages : en
Pages : 527
Get Book Here
Book Description
There are legal limits on the circumstances under which states may use military force to address a perceived or actual threat. The concepts of necessity and proportionality are central to these limitations imposed by the law. Necessity and Proportionality in International Peace and Security Law explores the many ways in which necessity and proportionality arise in the law on the modern battlefield, which is rapidly changing, complex, and ambiguous.
Author: Judith Gardam
Publisher: Cambridge University Press
ISBN: 1139456172
Category : Law
Languages : en
Pages : 288
Get Book Here
Book Description
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: Dr Kjetil Mujezinovic Larsen
Publisher: Cambridge University Press
ISBN: 1107021847
Category : Law
Languages : en
Pages : 379
Get Book Here
Book Description
This book provides an examination of whether there is a legally independent 'principle of humanity' in international humanitarian law.
Author: Nicholas Emiliou
Publisher: Springer
ISBN:
Category : Business & Economics
Languages : en
Pages : 332
Get Book Here
Book Description
The main objective of this study is to present a comparative legal analysis of proportionality. It provides a close examination of the key areas in which this principle has been applied, both at the national and supranational levels. The whole work is placed in the context of transformation of public law in the twentieth century. As many important general principles of law as applied by the Court of Justice have been borrowed from German and French law, a comparative study of the various forms which this principle has assumed in both German and French public law is presented. The book then offers an in-depth analysis of the application and impact of the principle of proportionality in EC law. The introduction and development of this principle by the Court of Justice represents one of the most striking examples of the interaction between the Community and national legal systems. It also illustrates the character of Community law as developed by the Court and the law-making function of the latter.
Author: Francisco J. Urbina
Publisher: Cambridge University Press
ISBN: 1107175062
Category : Law
Languages : en
Pages : 289
Get Book Here
Book Description
This book offers a comprehensive critique of the principle of proportionality and balancing as applied to human and constitutional rights.
Author: Frank J. Goodnow
Publisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 724
Get Book Here
Book Description
