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book (8)


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2013 (3)

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Book
"Armed attack" and Article 51 of the UN Charter : customary law and practice
Author:
ISBN: 1107217571 0511853211 1282918796 9786612918797 0511932030 0511928181 0511933398 0511925654 0511779526 0511930690 9780511933394 9780521766647 0521766648 1107685338 Year: 2010 Publisher: Cambridge ; New York : Cambridge University Press,

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Abstract

This book examines to what extent the right of self-defence, as laid down in Article 51 of the Charter of the United Nations, permits States to launch military operations against other States. In particular, it focuses on the occurrence of an 'armed attack' - the crucial trigger for the activation of this right. In light of the developments since 9/11, the author analyses relevant physical and verbal customary practice, ranging from the 1974 Definition of Aggression to recent incidents such as the 2001 US intervention in Afghanistan and the 2006 Israeli intervention in Lebanon. The notion of 'armed attack' is examined from a threefold perspective. What acts can be regarded as an 'armed attack'? When can an 'armed attack' be considered to take place? And from whom must an 'armed attack' emanate? By way of conclusion, the different findings are brought together in a draft 'Definition of Armed Attack'.


Book
The Six-Day War and Israeli self-defense
Author:
ISBN: 1139611194 1107237963 1139626078 1139616773 1139613057 113942453X 1107254973 1139622358 1283943573 9781139626071 9781139424530 9781139613057 9781139616775 9781107032064 1107032067 9781107610026 1107610028 Year: 2013 Publisher: Cambridge New York Cambridge University Press

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Abstract

The war of June 1967 between Israel and Arab states was widely perceived as being forced on Israel to prevent the annihilation of its people by Arab armies hovering on its borders. Documents now declassified by key governments question this view. The UK, USSR, France and the USA all knew that the Arab states were not in attack mode and tried to dissuade Israel from attacking. In later years, this war was held up as a precedent allowing an attack on a state that is expected to attack. It has even been used to justify a pre-emptive assault on a state expected to attack well in the future. Given the lack of evidence that it was waged by Israel in anticipation of an attack by Arab states, the 1967 war can no longer serve as such a precedent. This book seeks to provide a corrective on the June 1967 war.


Book
The ethics of preventive war
Author:
ISBN: 9780521154789 9780521765688 9781139023948 9781107347441 1107347440 9781107341197 1107341191 1139023942 1107344948 9781107344945 0521765684 0521154782 1107357063 9781107357068 1107233313 9781107233317 1107343690 9781107343696 1107253608 9781107253605 Year: 2013 Publisher: Cambridge Cambridge University Press

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Abstract

In this book, eleven leading theorists debate the normative challenges of preventive war through the lens of important public and political issues of war and peace in the twenty-first century. Their discussion covers complex and topical subjects including terrorism, the 'Bush doctrine' and the invasion of Iraq, Iran's nuclear capabilities, superpower unilateralism and international war tribunals. They examine the moral conundrum of preventive intervention and emphasize the need for a stronger and more effective international legal and political order and a corresponding re-evaluation of the normative status of international law. Together their essays form a challenging and timely volume that will be of interest to scholars in ethics and political philosophy, political theory, international relations, international law and peace studies and to general readers interested in the broader issues of peace and justice in the new world order.


Book
The 11th of September and the international law of military operations: inaugural lecture
Author:
ISBN: 1281979465 9786611979461 9048508967 9789048508969 9789056292560 9056292560 9781281979469 6611979468 Year: 2002 Publisher: Amsterdam Vossiuspers


Book
State responsibility for interferences with the freedom of navigation in public international law
Author:
ISBN: 1281108111 9786611108113 3540743332 3540743324 Year: 2007 Publisher: New York : Springer,

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Abstract

A multitude of conventions in the area of the Law of the Sea contains provisions on the issue of compensation for (wrongful) interferences with navigation. Even though interferences by warships and coast guard vessels, due to a perceived increased risk of international crimes at sea, seem to have become more frequent, the compensation provisions have hardly been applied. The book analyses all relevant compensation provisions and compares them to the general law of state responsibility. This necessarily includes a discussion of issues like the responsibility of international organizations, liability for lawful conduct and several and joint liability in public international law.

The changing postwar international legal regime
Author:
ISBN: 1280468149 9786610468140 1417551437 9047403150 9781417551439 9789047403159 9789041118479 9041118470 9041118470 Year: 2002 Publisher: The Hague Boston Kluwer

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Abstract

In view of the practices of the Second World War, international society could no longer be under the principles of traditional international law. The United Nations was conceived to preserve peace through the execution of "no use of force". To meet the reality of wartime collaboration in each region, it adopted self-defense as the basis for individual action. The postwar international legal order has been realized through self-defense as an intermediate function between the individual and collective, as provided under article 51 of the UN Charter. Japan recovered her independence by concluding a Security Treaty with the United States based on the right of self-defense. Even after the conclusion of the Cold War, they have chosen to strengthen the Treaty rather than give effect to Japan's "Peace Constitution". Other states are also caught up in the same current, taking actions not precluded by the UN Charter. Whatever regime should follow the present one, it will draw more on the humanity principle based on "freedom of conscience". This work should be read by anyone interested in the development of international law and its influence on international relations.


Book
Collective security : theory, law and practice
Authors: ---
ISBN: 9781107015401 9781139058506 9781461953739 1461953731 1139058509 1107015405 1107702577 1139890670 1316603466 110770362X 1107598028 1107688647 1107665701 1306212111 9781107702578 9781139890670 9781316603468 9781107598027 9781107688643 9781107665705 Year: 2013 Publisher: Cambridge: Cambridge university press,

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Abstract

This analysis of collective security covers its institutional, operational and legal parameters along with the United Nations system, presenting it as a global public order institution for maintaining peace. The authors study its constitutional premises as they are shaped by the forces of law and politics. After an historical account of initiatives and projects for global peace, the authors explain the morphology of collective security as a global public order institution and outline its triggers, institutions, actors, components and tools. They go on to analyse its legal properties and the processes of political, legal and criminal accountability. The analysis and assessment are informed throughout by practice drawn from examples including Korea, Iraq and Libya, and by a wealth of cases from national and international jurisdictions.

Keywords

Security, International --- Self-defense (International law) --- War --- International cooperation --- Prevention --- Political aspects --- United Nations --- International cooperation. --- Political aspects. --- United Nations. --- Self-defense (International law). --- Collective security --- International security --- International relations --- Disarmament --- International organization --- Peace --- Armed conflict (War) --- Conflict, Armed (War) --- Fighting --- Hostilities --- Wars --- Military art and science --- International law --- UNO --- Naciones Unidas --- Nations Unies --- ONU --- Organisation des Nations Unies --- Organizat︠s︡ii︠a︡ Obʺedinennykh Nat︠s︡iĭ --- OON --- Vereinigte Nationen --- Umot ha-meʼuḥadot --- Organizacja Narodów Zjednoczonych --- ONZ --- Forente nasjoner --- Forenede nationer --- FN --- Förenta nationerna --- Gaertʻianebuli erebi --- Organização das Nações Unidas --- PBB --- Perserikatan Bangsa-Bangsa --- Kokusai Rengō --- Kokuren --- ENSZ --- Egyesült Nemzetek Szövetsége --- Birleșmiș Milletler Teșkilâtı --- Birlăşmiş Millătăr Tăşkilatı --- Birlashgan Millatlar Tashkiloti --- BMT --- YK --- Yhdistyneet kansakunnat --- OUN --- Organizacija Ujedinjenih Nacija --- UN --- NU --- Nazioni Unite --- OSN --- Organizace spojených národů --- Sāzmān-i Milal-i Muttafiq --- Bangsa² Bersatu --- Organización de las Naciones Unidas --- Ühinenud Rahvaste Organisatsioon --- ÜRO --- Organismos tōn Hēnōmenōn Ethnōn --- Umoja wa Mataifa --- Vereinten Nationen --- Vereinte Nationen --- Hayʼat al-Umam al-Muttaḥidah --- Verenigde Naties --- VN --- Organizația Națiunilor Unite --- Um --- Lien ho kuo --- OKB --- Organizata e Kombeve të Bashkuara --- Lian he guo --- U.N. --- Umam al-Muttaḥidah --- OĒE --- Hēnōmena Ethnē --- Organizácia Spojených Národov --- Sahaprachāchāt --- Națiunile Unite --- Organizat︠s︡ii︠a︡ na obedinenite nat︠s︡ii --- Organismos Hēnōmenōn Ethnōn --- Manẓūmat al-Umam al-Muttaḥidah --- AAN --- Arhanizatsyi︠a︡ Ab'i︠a︡dnanykh Natsyĭ --- Nações Unidas --- Orhanizat︠s︡ii︠a︡ Ob'i︠e︡dnanykh Nat︠s︡iĭ --- O.Ē.E. --- ʻOngkān Sahaprachāchāt --- Sjuninejal Konob'laq --- Sāzmān-i Milal-i Muttaḥid --- Milal-i Muttaḥid --- Nėgdsėn U̇ndėstniĭ Baĭguullaga --- NUB --- Rāshṭrasaṃgha --- או״מ --- أمم المتحدة --- الأمم المتحدة --- سازمان ملل متحد --- 国際連合 --- 联合囯 --- 聯合國 --- United Nations Organization --- Liên Hiệp Quó̂c --- Liên Hợp Quó̂c --- LHQ --- Kula Samagga --- YūʼAṅʻnʻ --- 联合国 --- Организация на обединените нации --- Организация Объединённых Наций --- Security, International - International cooperation --- War - Prevention - International cooperation --- Security, International - Political aspects --- Law --- General and Others

Recourse to force
Author:
ISBN: 0521820138 0511020619 9780511020612 9780521820134 0511054637 9780511054631 0511177054 9780511177057 9780511494369 051149436X 9780521104203 0521104203 9786610430758 6610430756 1107126142 9781107126145 0511157959 9780511157950 0511309031 9780511309038 1280430753 9781280430756 Year: 2002 Volume: 15 Publisher: Cambridge Cambridge University Press

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Abstract

The nations that drafted the UN Charter in 1945 clearly were more concerned about peace than about justice. As a result, the Charter prohibits all use of force by states except in the event of an armed attack or when authorised by the Security Council. This arrangement has only very imperfectly withstood the test of time and changing world conditions. In requiring states not to use force in self-defence until after they had become the object of an actual armed attack, the Charter failed to address a growing phenomenon of clandestine subversion and of instantaneous nuclear threats. Fortunately although the Charter is very hard to amend, the drafters did agree that it should be interpreted flexibly by the United Nations' principal political institutions. In this way the norms governing use of force in international affairs have been adapted to meet changing circumstances and new challenges. The book also relates these changes in law and practice to changing public values pertaining to the balance between maintaining peace and promoting justice.

Keywords

Intervention (International law) --- Self-defense (International law) --- #SBIB:327.5H00 --- #SBIB:340H88 --- International law --- Military intervention --- Diplomacy --- Neutrality --- Strategie en vredesonderzoek: algemeen --- Internationaal recht: rechten van de mens --- United Nations --- UNO --- Naciones Unidas --- Nations Unies --- ONU --- Organisation des Nations Unies --- Organizat︠s︡ii︠a︡ Obʺedinennykh Nat︠s︡iĭ --- OON --- Vereinigte Nationen --- Umot ha-meʼuḥadot --- Organizacja Narodów Zjednoczonych --- ONZ --- Forente nasjoner --- Forenede nationer --- FN --- Förenta nationerna --- Gaertʻianebuli erebi --- Organização das Nações Unidas --- PBB --- Perserikatan Bangsa-Bangsa --- Kokusai Rengō --- Kokuren --- ENSZ --- Egyesült Nemzetek Szövetsége --- Birleșmiș Milletler Teșkilâtı --- Birlăşmiş Millătăr Tăşkilatı --- Birlashgan Millatlar Tashkiloti --- BMT --- YK --- Yhdistyneet kansakunnat --- OUN --- Organizacija Ujedinjenih Nacija --- UN --- NU --- Nazioni Unite --- OSN --- Organizace spojených národů --- Sāzmān-i Milal-i Muttafiq --- Bangsa² Bersatu --- Organización de las Naciones Unidas --- Ühinenud Rahvaste Organisatsioon --- ÜRO --- Organismos tōn Hēnōmenōn Ethnōn --- Umoja wa Mataifa --- Vereinten Nationen --- Vereinte Nationen --- Hayʼat al-Umam al-Muttaḥidah --- Verenigde Naties --- VN --- Organizația Națiunilor Unite --- Um --- Lien ho kuo --- OKB --- Organizata e Kombeve të Bashkuara --- Lian he guo --- U.N. --- Umam al-Muttaḥidah --- OĒE --- Hēnōmena Ethnē --- Organizácia Spojených Národov --- Sahaprachāchāt --- Națiunile Unite --- Organizat︠s︡ii︠a︡ na obedinenite nat︠s︡ii --- Organismos Hēnōmenōn Ethnōn --- Manẓūmat al-Umam al-Muttaḥidah --- AAN --- Arhanizatsyi︠a︡ Ab'i︠a︡dnanykh Natsyĭ --- Nações Unidas --- Orhanizat︠s︡ii︠a︡ Ob'i︠e︡dnanykh Nat︠s︡iĭ --- O.Ē.E. --- ʻOngkān Sahaprachāchāt --- Sjuninejal Konob'laq --- Sāzmān-i Milal-i Muttaḥid --- Milal-i Muttaḥid --- Nėgdsėn U̇ndėstniĭ Baĭguullaga --- NUB --- Rāshṭrasaṃgha --- או״מ --- أمم المتحدة --- الأمم المتحدة --- سازمان ملل متحد --- 国際連合 --- 联合囯 --- 聯合國 --- United Nations Organization --- Liên Hiệp Quó̂c --- Liên Hợp Quó̂c --- LHQ --- Kula Samagga --- YūʼAṅʻnʻ --- 联合国 --- Организация Объединённых Наций --- Armed Forces. --- Agression (Droit international) --- Légitime défense (Droit international) --- Armed Forces --- Intervention (International law). --- Self-defense (International law). --- Aggression (International law) --- Intervention (Droit international) --- Организация на обединените нации --- Law --- General and Others

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