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Self-Defence as a Fundamental Principle

Edited by: Arthur Eyffinger, Sam Muller, Alan Stephens

ISBN13: 9789067042871
Published: August 2009
Publisher: T.M.C. Asser Press
Country of Publication: The Netherlands
Format: Hardback
Price: £44.99



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Self-defence may be used as a defence for the use of force in order to prevent crime against oneself, a fellow human-being or property. Although traditionally linked to the concept of armed attack, new forms of aggression, the concept of collective security and an increasing interaction between national and international law have forced a reassessment of self-defence. The first Hague Colloquium on the Fundamental Principles of Law on the topic of self-defence brought together experts from both academic and professional circles to debate the notion of self-defence. Both the Colloquium and this subsequent publication make a valuable contribution to the development of the law by recognising the sources of the principle of self-defence, and the theories behind it, by following its path of evolution and by reassessing its current status.

• Bibliography includes ancient sources and makes it easy to find relevant materials • Examines self-defence from many different angles, giving both a historical and theoretical overview of the topic

Subjects:
International Criminal Law, Jurisprudence
Contents:
Part I: 1. Self-defence as a general principle of law and its relation to war Peter Haggenmacher; 2. Self-defence and the non-use of force: some random thoughts Shabtai Rosenne; 3. Self-defence and terrorism Paul Cliteur; 4. Self-defence, or the meanderings of a protean principle Arthur Eyffinger
Part II: 5. Self-defence in historical context – a bibliography Arthur Eyffinger; 6. Just war; 7. Self-defence; 8. Criticism of necessity and proportionality; 9. Collective self-defence; 10. The role of the UN; 11. Non-state entities; 12. Anticipatory self-defence; 13. Deprisal/retaliation; 14. Humanitarian intervention; 15. Fundamentalism and clash of cultures
Part III: Documents and references.