Suchergebnisse

"This is an interdisciplinary study of how power, security, polarity and the primacy of sovereign states play out in an international context that has witnessed the rise of non-state actors. It provides an updated analysis of the complex relationship of anarchy, power and politics by addressing issues of self-defense in a unipolar order"--Provided by publisher

Collective self-defence can be defined as the use of military force by one or more states to aid another state that is an innocent victim of armed attack. However, it is a legal justification that is open to abuse and its exercise risks escalating conflict. Recent years have seen an unprecedented increase in the number of collective self-defence claims. It has been the main basis for US-led action in Syria (2014-) and was advanced by Russia in relation to its full-scale invasion of Ukraine (2022-). Yet there still has been little analysis of collective self-defence in international law. This book crucially progresses the debate on various fundamental and under-explored questions about the conceptual nature of collective self-defence and the requirements for its operation. Green provides the most detailed and extensive account of collective self-defence to date, at a time when it is being invoked more than ever before

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.

While an abundance of literature covers the right of states to defend themselves against external aggression, this work is dedicated to the right to personal self-defense in international law. Drawing on his extensive experience as a human rights practitioner and scholar, Dr Hessbruegge sets out, in careful detail, the strict requirements that human rights impose on defensive force by law enforcement authorities, especially police killings in self-defense. The text also discusses the exceptional application of the right to personal self-defense in military-led operations, notably to contain violent civilians who do not directly participate in hostilities

While an abundance of literature covers the right of states to defend themselves against external aggression, this work is dedicated to the right to personal self-defense in international law. Drawing on his extensive experience as a human rights practitioner and scholar, Dr Hessbruegge sets out, in careful detail, the strict requirements that human rights impose on defensive force by law enforcement authorities, especially police killings in self-defense. The text also discusses the exceptional application of the right to personal self-defense in military-led operations, notably to contain violent civilians who do not directly participate in hostilities

Introduction --The criterion of an armed attack in the jurisprudence of the International Court of Justice --The criteria of necessity and proportionality --The trouble with armed attack and the merged conceptions of self-defence --A proposal for redefining armed attack --The ICJ : roles and restrictions --Conclusion.

1. The doctrine of self-defence and its limits in criminal law -- 2. The laws of war and the roots of international self-defence -- 3. From sovereignty to unilateralism : a critique of the preventive war doctrine -- 4. The role and rationale of the imminence requirement in national and international law -- 5. Conclusions.

Newly revised, this textbook provides an authoritative conceptual and practical overview of international law governing the resort to force. Following an introductory chapter, with a section on the key issues in identifying the law and actual and potential changes to it, the book addresses the breadth and scope of the prohibition of the threat or use of force and the meaning of 'force' as the focus of this. The book proceeds to address the use of force through the United Nations and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, the controversial right of humanitarian intervention, and forcible interventions in civil conflicts. Updated to include greater focus on aspects such as cyber operations, the threat of force, and the 'human element' to the use force, as well as the inclusion of recent developments such as the 2022 Russian invasion of Ukraine, it seeks to address the contemporary legal framework through the prism of contemporary challenges that it currently faces.

The "Caroline" incident – an 1837 raid by British Canadian militia across the Niagara River border to sink an American steamboat being used by Canadian insurgents – is well-known to many international lawyers. United States Secretary of State Daniel Webster's resulting correspondence with British representative Lord Ashburton is often cited today as a key authority on customary international self-defense standards. University of Ottawa professor Craig Forcese has produced a valuable new history and analysis of that event, its legal context, and its continuing influence: "Destroying the Caroline: The Frontier Raid that Reshaped the Right to War." As explained in this review, the book corrects some misunderstandings about the incident and shows its continuing relevance to contemporary international legal debates about military force. It also helps in understanding this period of U.S. foreign relations law, especially with regard to powers of war and peace.

This fully updated fourth edition clearly and comprehensively explains the law on the use of force in international law, including use of force by States, the role of the UN, and the role of regional organisations in the maintenance of international peace and security