ISBN:
9789067047968
Language:
English
Pages:
Online-Ressource (XVIII, 348p. 1 illus, digital)
Series Statement:
SpringerLink
Series Statement:
Bücher
Parallel Title:
Buchausg. u.d.T. Szabó, Kinga Tibori Anticipatory action in self-defence
Keywords:
Public law
;
Law
;
Law
;
Public law
;
Internationales Recht
;
Öffentliches Recht
;
Selbstverteidigung
;
Prävention
;
Gewohnheitsrecht
;
Vereinte Nationen
;
Selbstverteidigung
Abstract:
Kinga Tibori Szabó
Abstract:
The legality of preemptive strikes is one of the most controversial questions of contemporary international law. At the core of this controversy stands the temporal dimension of self-defence: when and for how long can a state defend itself against an armed attack? Can it resort to armed force before such an attack occurs? And is anticipatory action covered by the rules of self-defence or should it be treated as a different concept? This book examines whether anticipatory action in self-defence is part of customary international law and, if so, under what conditions. The pre-Charter concept of
Description / Table of Contents:
Anticipatory Actionin Self-Defence; Foreword; Acknowledgments; Content; Abbreviations; 1 Introduction; 1.1…Anticipatory Action in Self-Defence: A Controversial Concept; 1.2…The Temporal Controversy of the Right of Self-Defence; 1.3…Structure and Methods of Research; 1.3.1 Explanation of Central Terms; 1.3.2 Methods of Research; 1.3.3 Pre-Charter Customary Law (Part I); 1.3.4 Post-Charter Customary Law (Part II); 1.3.5 Rationale of Part III; 1.3.6 Tracing the Evolution of Customary Law; 1.3.6.1 Main Controversies Regarding Custom-Formation; 1.3.6.2 Approach Adopted Regarding Custom-Formation
Description / Table of Contents:
1.4…Notes on Terminology1.5…Disclaimers; 1.6…Contribution; References; Part I Pre-Charter Customary Lawon Self-Defence; 2 Self-Defence in Ancient and Medieval Natural-Law; 2.1…War in Ancient Greece and Rome; 2.2…Early Christian Views on War and Self-Defence; 2.3…Medieval Christian Views on War and Self-Defence; 2.4…Christian Legalist Views on War and Self-Defence; 2.4.1 Probabilistic Arguments and the First Rejections of the Just War Theory; 2.4.2 Spanish Scholastics and their View on Self-Defence; 2.4.3 Protestant Legalist Views on War: Gentili and Grotius
Description / Table of Contents:
2.4.4 Self-Defence: As Seen by Gentili and by Grotius2.5…The Christian Normative Framework and Self-Defence; References; 3 Self-Defence as a Measure Short of War; 3.1…The Rise of Positive Law; 3.1.1 The Departure from the Christian Concept of Natural Law; 3.1.2 Positive Law and War in Due Form; 3.1.3 'Perfect' Wars; 3.1.4 'Imperfect' Wars; 3.2…War as an Instrument of Policy; 3.2.1 Positive Law and War as a Legal Institution; 3.2.2 State Practice and 'Measures Short of War'; 3.2.2.1 The Caroline Incident (1837); 3.2.2.2 The Virginius Affair (1873)
Description / Table of Contents:
3.3…The Positivist Normative Framework and Self-DefenceReferences; 4 Self-Defence as an Exception to the Prohibition of War; 4.1…Pacifist Trends of the Late Nineteenth and Early Twentieth Centuries; 4.2…War in the Regulatory System of the Covenant of the League of Nations; 4.3…Self-Defence in the League System; 4.4…The Kellogg-Briand Pact and the Right of Self-Defence; 4.5…State Practice in the 1930s and the Collapse of the League of Nations; 4.5.1 The Invasion of Manchuria by Japan (1931--1932); 4.5.2 The Italian Invasion of Ethiopia (1935--1936); 4.6…Operation Catapult (1940)
Description / Table of Contents:
4.7…The Emerging International Legal Framework and Self-DefenceReferences; 5 The Right of Self-Defence and the Drafting of the UN Charter; 5.1…Preliminaries and the Dumbarton Oaks Proposals; 5.2…The Drafting of the UN Charter at the San Francisco Conference; 5.2.1 Proposals Ahead of the Conference; 5.2.2 The Plenary Discussions of the San Francisco Conference; 5.2.3 The Work of Technical Committee 4 (Committee III/4); 5.3…The Final Provision on Self-Defence: Interpretation; 5.4…Concluding Remarks; References; 6 The Temporal Dimension of Self-Defence at the Time of the Charter
Description / Table of Contents:
6.1…Forms and Content of Self-Defence in the Three Identified Frameworks
Note:
Includes bibliographical references and index
DOI:
10.1007/978-90-6704-796-8
URL:
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