Necessity, Proportionality and the Use of Force by States
  • Author : Judith Gardam
  • Release Date : 18 November 2004
  • Publisher : Cambridge University Press
  • Genre : Law
  • Pages :
  • ISBN 13 : 9781139456173

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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.

Necessity  Proportionality and the Use of Force by States

Necessity Proportionality and the Use of Force by States

Author : Judith Gardam
Publisher : Cambridge University Press
Genre : Law
Get Book

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 ...

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

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

Author : Chris O'Meara
Publisher : Oxford University Press
Genre : Law
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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 ...

Necessity and Proportionality in International Peace and Security Law

Necessity and Proportionality in International Peace and Security Law

Author : Claus Kreß,Robert Lawless
Publisher : Oxford University Press, USA
Genre : Law
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"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 ...

Necessity  Proportionality and the Use of Force by States

Necessity Proportionality and the Use of Force by States

Author : Judith Gardam
Publisher : Cambridge University Press
Genre : Law
Get Book

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 ...

Necessity and Proportionality in International Peace and Security Law

Necessity and Proportionality in International Peace and Security Law

Author : Claus Kreß,Robert Lawless
Publisher : Oxford University Press
Genre : Law
Get Book

Necessity and proportionality hold a firm place in the international law governing the use of force by states, as well as in the law of armed conflict. However, the precise contours of these two requirements are uncertain and controversial. The aim of Necessity and Proportionality in International Peace and Security ...

 Armed Attack  and Article 51 of the UN Charter

Armed Attack and Article 51 of the UN Charter

Author : Tom Ruys
Publisher : Cambridge University Press
Genre : Law
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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 ...

The Use of Force in International Law

The Use of Force in International Law

Author : Tom Ruys,Olivier Corten,Alexandra Hofer
Publisher : Oxford University Press
Genre : Law
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The international law on the use of force is one of the oldest branches of international law. It is an area twinned with the emergence of international law as a concept in itself, and which sees law and politics collide. The number of armed conflicts is equal only to the ...

War  Aggression and Self Defence

War Aggression and Self Defence

Author : Yoram Dinstein
Publisher : Cambridge University Press
Genre : Law
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Yoram Dinstein's influential textbook is an indispensable guide to the legal issues of war and peace, armed attack, self-defence and enforcement measures taken under the aegis of the Security Council. This fifth edition incorporates recent treaties such as the Kampala amendments of the Statute of the International Criminal Court, new ...

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Author : Mary Ellen O'Connell,Christian J. Tams,Dire Tladi
Publisher : Cambridge University Press
Genre : Law
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In this book, self-defence against non-state actors is examined by three scholars whose geographical, professional, theoretical, and methodological backgrounds and outlooks differ greatly. Their trialogue is framed by an introduction and a conclusion by the series editors. The novel scholarly format accommodates the pluralism and value changes of the current ...

The Inherent Right of Self Defence in International Law

The Inherent Right of Self Defence in International Law

Author : Murray Colin Alder
Publisher : Springer Science & Business Media
Genre : Law
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Determining the earliest point in time at which international law authorises a state to exercise its inherent right of self-defence is an issue which has been debated, but unsatisfactorily reasoned, by scholars and states since the 1960’s. Yet it remains arguably the most pressing question of law that faces the ...

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Author : Michael A. Newton,Larry May
Publisher : Oxford University Press, USA
Genre : Law
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Proportionality is intimately linked to the overarching concepts of self-defense, lawful force, and the controlled application of violence. It is one of the most visible facets of humanitarian law designed to reduce unnecessary human suffering and avoid excessive damage to property, and the natural environment. However, its application has come ...

The Law Against War

The Law Against War

Author : Olivier Corten
Publisher : Bloomsbury Publishing
Genre : Law
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Praise for previous edition: “...a comprehensive, meticulously-researched study of contemporary international law governing the use of armed force in international relations...' Andrew Garwood-Gowers, Queensland University of Technology Law Review, Volume 12(2) When this first English language edition of The Law Against War published it quickly established itself as a classic. ...