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Borderlines in Private Law

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Lord Denning: Life, Law and Legacy



  


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Recourse to Force: State Action against Threats and Armed Attacks


ISBN13: 9780521820134
ISBN: 0521820138
Published: December 2002
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £100.00
Paperback edition , ISBN13 9780521104203



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

The UN Charter in 1945 prohibits all use of force by states except in the event of an armed attack or when authorized by the Security Council. This arrangement has only very imperfectly withstood the test of time. It did not anticipate the cold war which incapacitated the Security Council through the permanent members' frequent recourse to the veto.

The Charter failed to address a growing phenomenon of clandestine subversion and of nuclear threats, nor did it make allowance for the rise in public support for human rights. Fortunately, although the Charter is very hard to amend, the drafters did agree that it should be interpreted flexibly by the UN's principal political institutions.

In nearly sixty years, the text has undergone extensive interpretation through this practice. This book relates these changes in law and practice to changing public values pertaining to the balance between maintaining peace and promoting justice.

Subjects:
Public International Law
Contents:
1. The UN's capacity for adapting to radical changes of circumstance; 2. Use of force by the United Nations; 3. The original parameters of self-defence; 4. Self-defence against state-sponsored terrorists and infiltrators; 5. Self-defence against ideological subversion; 6. Self-defence against attacks on citizens abroad; 7. Anticipatory self-defence; 8. Countermeasures and self-help; 9. The 'purely humanitarian' intervention; 10. What, eat the cabin boy? Uses of force that are illegal but justifiable.

Series: Hersch Lauterpacht Memorial Lectures

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