Boekhandel Douwes Den Haag

Oxford Monographs in International Law

Necessity and Proportionality and the Right of Self-Defence in International Law

O'Meara, Chris (Lecturer in Law, Lecturer in Law, University of Exeter)

Necessity and Proportionality and the Right of Self-Defence in International Law

Oxford Monographs in International Law

Necessity and Proportionality and the Right of Self-Defence in International Law

Oxford Monographs in International Law: Necessity and Proportionality and the Right of Self-Defence in International Law

 

The right of States to use force extraterritorially is conditioned by requirements of necessity and proportionality. This book provides a much-needed detailed analysis of those requirements, and a coherent and up-to-date account of the applicable contemporary international law in this field.


Leverbaar

€ 108,00

Levertijd: 5 tot 10 werkdagen


Beschrijving Oxford Monographs in International Law: Necessity and Proportionality and the Right of Self-Defence in International Law

States invariably justify using force extraterritorially by reference to their right of self-defence. In doing so, they accept that the exercise of this right is conditioned by the customary international law requirements of necessity and proportionality. However, these requirements are notorious for being normatively indeterminate and operationally complex. As a breach of either requirement renders ostensibly defensive action unlawful, increased determinacy regarding their scope and substance is crucial to how international law constrains military force.

This book examines the conceptual meaning, content, and practical application of necessity and proportionality as they relate to the right of self-defence following the adoption of the UN Charter in 1945. It provides a coherent and up-to-date description of the applicable contemporary international law and proposes an analytical framework to guide its operation and appraisal. This book argues that necessity and proportionality are conceptually distinct and must be applied in the foregoing order to avoid an insufficient 'catch-all' description of legality or illegality. Necessity determines whether defensive force may be used to respond to an armed attack and where it must be directed. Proportionality governs how much total force is permissible and prohibits excessive responses. Both requirements are shown to apply on an ongoing basis throughout the duration of an armed conflict prompted by self-defence. Compliance with necessity and proportionality ensures that the purposes of self-defence are met, and nothing more, and that defensive force is not unduly disruptive to third party interests and to international peace and security.


ISBN
9780198863403
Pagina's
276
Verschenen
Serie
Oxford Monographs in International Law
NUR
828
Druk
1
Uitvoering
Hardback
Taal
Engels
Uitgever
OUP Oxford

Internationaal Recht