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The Doctrine of Necessity in International Law

1928 Law
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Release : 1928
Genre : Law
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Book Synopsis The Doctrine of Necessity in International Law by : Burleigh Cushing Rodick

Download or read book The Doctrine of Necessity in International Law written by Burleigh Cushing Rodick. This book was released on 1928. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the extent to which the doctrine of necessity in international law possesses legal validity and also the extent to which lawful limitations may be imposed.

Military Necessity in International Cultural Heritage Law

2021-12-13 Law
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Release : 2021-12-13
Genre : Law
Kind : eBook
Book Rating : 566/5 ( reviews)

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Book Synopsis Military Necessity in International Cultural Heritage Law by : Berenika Drazewska

Download or read book Military Necessity in International Cultural Heritage Law written by Berenika Drazewska. This book was released on 2021-12-13. Available in PDF, EPUB and Kindle. Book excerpt: Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.

Necessity and Proportionality and the Right of Self-Defence in International Law

2021-03-11 Law
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Release : 2021-03-11
Genre : Law
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Book Rating : 568/5 ( reviews)

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Book Synopsis Necessity and Proportionality and the Right of Self-Defence in International Law by : Chris O'Meara

Download or read book Necessity and Proportionality and the Right of Self-Defence in International Law written by Chris O'Meara. This book was released on 2021-03-11. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Necessity in International Law

2016-09-08 Law
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Release : 2016-09-08
Genre : Law
Kind : eBook
Book Rating : 954/5 ( reviews)

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Book Synopsis Necessity in International Law by : Jens David Ohlin

Download or read book Necessity in International Law written by Jens David Ohlin. This book was released on 2016-09-08. Available in PDF, EPUB and Kindle. Book excerpt: Necessity is a notoriously dangerous and slippery concept-dangerous because it contemplates virtually unrestrained killing in warfare and slippery when used in conflicting ways in different areas of international law. Jens David Ohlin and Larry May untangle these confusing strands and perform a descriptive mapping of the ways that necessity operates in legal and philosophical arguments in jus ad bellum, jus in bello, human rights, and criminal law. Although the term "necessity" is ever-present in discussions regarding the law and ethics of killing, its meaning changes subtly depending on the context. It is sometimes an exception, at other times a constraint on government action, and most frequently a broad license in war that countenances the wholesale killing of enemy soldiers in battle. Is this legal status quo in war morally acceptable? Ohlin and May offer a normative and philosophical critique of international law's prevailing notion of jus in bello necessity and suggest ways that killing in warfare could be made more humane-not just against civilians but soldiers as well. Along the way, the authors apply their analysis to modern asymmetric conflicts with non-state actors and the military techniques most likely to be used against them. Presenting a rich tapestry of arguments from both contemporary and historical Just War theory, Necessity in International Law is the first full-length study of necessity as a legal and philosophical concept in international affairs.

Necessity and Proportionality in International Peace and Security Law

2020-11-30 Law
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Release : 2020-11-30
Genre : Law
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Book Rating : 375/5 ( reviews)

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Book Synopsis Necessity and Proportionality in International Peace and Security Law by : Claus Kreß

Download or read book Necessity and Proportionality in International Peace and Security Law written by Claus Kreß. This book was released on 2020-11-30. Available in PDF, EPUB and Kindle. Book excerpt: "Necessity and proportionality occupy a firm place in the international law governing the use of force by states. Perhaps most importantly for practical purposes, the exercise of the right of self-defense, as recognized in Article 51 of the United Nations Charter, is subject to the requirements of necessity and proportionality, as the International Court of Justice determined in the Nicaragua case. Necessity and proportionality are also firmly anchored in the international law governing armed conflicts. In its Nuclear Weapons Advisory Opinion, the International Court of Justice even referred to one articulation of the idea of necessity, that directed against the causing of unnecessary suffering, as one of two "cardinal principles" of this body of law. However, beyond statement in such general terms, the realms of uncertainty and controversy soon begin. It is far from clear, for example, how to distinguish with precision between necessity and proportionality in the international law on self-defense and, in immediate connection herewith, what it means precisely to say that forcible action taken in the exercise of self-defense must be proportionate. It is all the less clear what legal significance, if any, necessity and proportionality possess in other contexts of the international law governing the use of force"--

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