In: Jacques, J. (2016), Law, Decision, Necessity: Shifting the Burden of Responsibility, in The Contemporary Relevance of Carl Schmitt: Law, Politics, Theology, Abingdon, Oxon: Routledge: 107-119
In: Bulletin of peace proposals: to motivate research, to inspire future oriented thinking, to promote activities for peace, Band 19, Heft 1, S. 143-147
THE AUTHOR PRESENTS TWO REASONS FOR ECONOMIC CONVERSION PLANNING: FIRST, TO FACILITATE RECONSTRUCTION OF THE DAMAGE OWING TO A PERMANENT WAR ECONOMY; SECOND, TO RELIEVE DISARMAMENT REGUTIATORS OF THE FEAR THAT A REVERSAL OF THE ARMS RACE CARRIES UNACCEPTABLE ECONOMIC PENALTIES. TO THESE ENDS, ECONOMIC CONVERSION LAW IS REQUIRED BECAUSE MAJOR BARRIERS MUST BE OVERCOME TO SET IN MOTION THE NECESSARY PLANNING PROCESS FOR RELIABLE ECONOMIC PENALTIES. THE AUTHOR DESCRIBES TEN MAJOR COMPONENTS OF LAW FOR FACILITATING ECONOMIC CONVERSION PLANNING AND OPERATIONS.
In: Bulletin of peace proposals: to motivate research, to inspire future oriented thinking, to promote activities for peace, Band 19, Heft 1, S. 143-147
"This book asserts that, under international humanitarian law (IHL), military necessity neither obligates nor prohibits. Rather, it merely - and therefore indifferently - permits. This new theory challenges two influential views that currently exist on the subject. According to one, IHL bans unnecessary acts even if they do not violate any of its specific rules. Although IHL endeavours to accommodate war necessities, it does not make it its business to save incompetent belligerents from themselves. The other view holds that neither military necessity nor humanity justifies breaches of unqualified IHL rules. Military necessity clearly does not, but humanitarian imperatives may. Conversely, gross inhumanity may become unlawful even where no IHL rule specifically prohibits it"--
1State responsibility — Necessity — Whether part of customary international law — Effect of a declaration of necessity on private contracts — Economic necessity based on a State's inability to pay — Temporary suspension of payments on sovereign bonds — Effect in relations between a State and a private individual under private law — International Law Commission Articles on State Responsibility, Article 25 — Whether declaratory of customary international lawEconomics, trade and finance — Sovereign debt — Foreign currency bonds — State suspending payments in foreign currency due to economic crisis — Whether justified by defence of necessity — The law of the Federal Republic of Germany
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.
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