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Revisiting the concept of defence in the jus ad bellum : the dual face of defence /
A State should today have an explicitly recognized and undisputed right of delimited unilateral defense, not only in response to an occurring armed attack, but also in interception of an inevitable or imminent armed attack. This book, however, makes it evident that unilateral interception is not inc...
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Oxford [UK] ; Portland, Oregon :
Hart Publishing,
2017.
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| Colección: | Studies in international law ;
volume 66 |
| Temas: | |
| Acceso en línea: | Texto completo |
| Sumario: | A State should today have an explicitly recognized and undisputed right of delimited unilateral defense, not only in response to an occurring armed attack, but also in interception of an inevitable or imminent armed attack. This book, however, makes it evident that unilateral interception is not incontestably compatible with the modern right of self-defence in Article 51 of the UN Charter. Then again, unilateral defense need not forever be confined to self-defence only, wherefore the book proposes that the concept of defense may best be modernized by a clear legal division into responsive and interceptive defense. Since both threat and use of force are explicitly prohibited in Article 2(4) of the UN Charter, the book further recommends that both responsive and interceptive defense should be explicitly excepted from this prohibition in Article 51 of the UN Charter. The modern jus ad bellum should thus legally recognize a dual face of defense: responsive self-defense if an armed attack occurs, and interceptive necessity-defense if a grave and urgent threat of an armed attack occurs. Because without a clarifying and modernizing revision, the concept of defense will become irreparably blurred until ultimately completely dissolved into the ever shifting sands of war. |
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| Descripción Física: | 1 online resource |
| Bibliografía: | Includes bibliographical references and index. |
| ISBN: | 9781509906956 1509906959 9781509906987 1509906983 1509906975 9781509906970 |