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'Armed Attack' and Article 51 of the UN Charter
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 this right. In light of the developments since 9/11, the author analyses relevant physical and verbal customary practice, ranging from the 1974 Definition of Aggression to recent incidents such as the 2001 US intervention in Afghanistan and the 2006 Israeli intervention in Lebanon. The notion of 'armed attack' is examined from a threefold perspective. What acts can be regarded as an 'armed attack'? When can an 'armed attack' be considered to take place? And from whom must an 'armed attack' emanate? By way of conclusion, the different findings are brought together in a draft 'Definition of Armed Attack'.
The Use of Force in International Law
Since the adoption of the UN Charter in 1945, the use of cross-border force has been frequent. This volume invites a range of experts to examine over sixty conflicts, from military interventions to targeted killings and hostage rescue operations, and to ask how powerful precedent can be in determining hostile encounters in international law.
The Cambridge Handbook of Immunities and International Law
Few topics of international law speak to the imagination as much as international immunities. Questions pertaining to immunity from jurisdiction or execution under international law surface on a frequent basis before national courts, including at the highest levels of the judicial branch and before international courts or tribunals. Nevertheless, international immunity law is and remains a challenging field for practitioners and scholars alike. Challenges stem in part from the uncertainty pertaining to the customary content of some immunity regimes said to be in a 'state of flux', the divergent – and at times directly conflicting - approaches to immunity in different national and international jurisdictions, or the increasing intolerance towards impunity that has accompanied the advance of international criminal law and human rights law. Composed of thirty-four expertly written contributions, the present volume uniquely provides a comprehensive tour d'horizon of international immunity law, traversing a wealth of national and international practice.
International Law
This textbook offers for the first time a comprehensive analysis of the classic doctrines and main areas of international law from a European perspective, meeting the needs of the many European law schools teaching public international law in English. Special attention is devoted to the practice of the European Union, the Council of Europe and European States – both civil law and common law countries – with regard to international law. In particular the book analyses the interplay between international law, EU law and national law in the case law of the Court of Justice of the EU, the European Court of Human Rights and national jurisdictions in Europe. It provides the reader with insight...
Armed Intervention and Consent
Three experts address the law governing armed interventions based on real or alleged consent of states embroiled in military strife.
Politics and International Law
Teaches how and why states make, break, and uphold international law using accessible explanations and contemporary international issues.
Wither the West?
A collection of expert essays analyzing how American and European's views of international law are diverging as a reaction to globalization.
Collective Self-Defence in International Law
Examines the conceptual nature of collective self-defence in international law, the requirements for its operation, and how they apply.
The UN Security Council and the Maintenance of Peace in a Changing World
Three experts present their perspectives on the Security Council's role in maintaining peace in a changing international order.
Networks of Global Governance
Including several contributions from an international group of historians and experts of international relations, this book analyses the relationship between the United Nations and European integration. The book, which covers from 1945 to the present, is organised into three sections, each dedicated to a different phase of the integration process, during which EU-UN relations had a different character. The essays of the first section deal with the 1950s and 1960s and show the active part played by UN bodies in shaping the integration process. In the second part, covering the 1970s and 1980s, it is the European Community which is shown to have had a visible impact on the life and the decision...
