Borrow it
Coverart for item
The Resource Necessity and proportionality in international peace and security law, volume editors, Professor Claus Kress, Captain Robert Lawless

Necessity and proportionality in international peace and security law, volume editors, Professor Claus Kress, Captain Robert Lawless

Editor
Contributor
Summary
"Necessity and proportionality occupy a firm place in the international law governing the use of force by states. Perhaps most importantly for practical purposes, the exercise of the right of self-defense, as recognized in Article 51 of the United Nations Charter, is subject to the requirements of necessity and proportionality, as the International Court of Justice determined in the Nicaragua case. Necessity and proportionality are also firmly anchored in the international law governing armed conflicts. In its Nuclear Weapons Advisory Opinion, the International Court of Justice even referred to one articulation of the idea of necessity, that directed against the causing of unnecessary suffering, as one of two "cardinal principles" of this body of law. However, beyond statement in such general terms, the realms of uncertainty and controversy soon begin. It is far from clear, for example, how to distinguish with precision between necessity and proportionality in the international law on self-defense and, in immediate connection herewith, what it means precisely to say that forcible action taken in the exercise of self-defense must be proportionate. It is all the less clear what legal significance, if any, necessity and proportionality possess in other contexts of the international law governing the use of force"--
Language
eng
Work
Publication
Extent
1 online resource
Contents
  • Unwilling and unable test for extraterritorial defensive force : why force is permitted against the territorial state
  • Jens David Ohlin
  • Drones programs, the individualization of war, and the ad Bellum Principle of Proportionality
  • Rebecca Mignot-Mahdavi
  • The
  • Quest for an internal Jus ad Bellum : international law's missing link, mere distraction, or Pandora's Box?
  • Tom Ruys
  • Article 51's reporting requirement as a space for legal argument and factfulness
  • Larissa van den Herik
  • Sequences in military necessity for the Jus in Bello
  • Necessity and proportionality in morality and law
  • Dino Kritsiotis
  • Practical and conceptual challenges to doctrinal military necessity
  • Robert Lawless
  • Considerations of necessity under Article 57(2)(a)(ii), (c), and (3) and proportionality under Article 51(5)(b) and Article 57(2)(b) of additional Protocol I : is there room for an integrated approach?
  • Wolff Heintschel von Heinegg
  • Specifying the proportionality test and the standard of due precaution : problems of prognostic assessment in determining the meaning of "may be expected" and "anticipated"
  • Stefan Oeter
  • The
  • Proportionality rule and mental health harm in war
  • Sarah Knuckey, Alex Moorehead, Audrey McCalley, and Adam Brown
  • Jeff McMahan
  • Towards the special computer law of targeting : "fully autonomous" weapons systems and the proportionality test
  • Masahiro Kurosaki
  • The
  • Duty to pay reparations for the violation of the prohibition of the use of force in international relations and the Jus Post Bellum
  • Elisabeth Günnewig
  • On the continuous and concurrent application of ad Bellum and in Bello Proportionality
  • Eliav Lieblich
  • The
  • Essential link between proportionality and necessity in the exercise of self-defense
  • Geoffrey S. Corn
  • The
Isbn
9780197537398
Instance
Label
Necessity and proportionality in international peace and security law
Title
Necessity and proportionality in international peace and security law
Statement of responsibility
volume editors, Professor Claus Kress, Captain Robert Lawless
Contributor
Editor
Sponsoring body
Subject
Genre
Language
eng
Summary
"Necessity and proportionality occupy a firm place in the international law governing the use of force by states. Perhaps most importantly for practical purposes, the exercise of the right of self-defense, as recognized in Article 51 of the United Nations Charter, is subject to the requirements of necessity and proportionality, as the International Court of Justice determined in the Nicaragua case. Necessity and proportionality are also firmly anchored in the international law governing armed conflicts. In its Nuclear Weapons Advisory Opinion, the International Court of Justice even referred to one articulation of the idea of necessity, that directed against the causing of unnecessary suffering, as one of two "cardinal principles" of this body of law. However, beyond statement in such general terms, the realms of uncertainty and controversy soon begin. It is far from clear, for example, how to distinguish with precision between necessity and proportionality in the international law on self-defense and, in immediate connection herewith, what it means precisely to say that forcible action taken in the exercise of self-defense must be proportionate. It is all the less clear what legal significance, if any, necessity and proportionality possess in other contexts of the international law governing the use of force"--
Member of
Assigning source
Provided by publisher
Cataloging source
DLC
http://bibfra.me/vocab/lite/collectionName
Oxford scholarship online
Index
index present
LC call number
KZ6368
LC item number
.N43 2020 ONLINE
Literary form
non fiction
Nature of contents
  • dictionaries
  • bibliography
http://library.link/vocab/relatedWorkOrContributorName
  • Kress, Claus,
  • Lawless, Robert
  • Lieber Institute for Law and Land Warfare (United States Military Academy),
http://library.link/vocab/subjectName
  • Intervention (International law)
  • Necessity (International law)
  • Proportionality in law
  • Intervention (International law)
  • Necessity (International law)
Label
Necessity and proportionality in international peace and security law, volume editors, Professor Claus Kress, Captain Robert Lawless
Instantiates
Publication
Antecedent source
unknown
Bibliography note
Includes bibliographical references and index
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Color
multicolored
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • Unwilling and unable test for extraterritorial defensive force : why force is permitted against the territorial state
  • Jens David Ohlin
  • Drones programs, the individualization of war, and the ad Bellum Principle of Proportionality
  • Rebecca Mignot-Mahdavi
  • The
  • Quest for an internal Jus ad Bellum : international law's missing link, mere distraction, or Pandora's Box?
  • Tom Ruys
  • Article 51's reporting requirement as a space for legal argument and factfulness
  • Larissa van den Herik
  • Sequences in military necessity for the Jus in Bello
  • Necessity and proportionality in morality and law
  • Dino Kritsiotis
  • Practical and conceptual challenges to doctrinal military necessity
  • Robert Lawless
  • Considerations of necessity under Article 57(2)(a)(ii), (c), and (3) and proportionality under Article 51(5)(b) and Article 57(2)(b) of additional Protocol I : is there room for an integrated approach?
  • Wolff Heintschel von Heinegg
  • Specifying the proportionality test and the standard of due precaution : problems of prognostic assessment in determining the meaning of "may be expected" and "anticipated"
  • Stefan Oeter
  • The
  • Proportionality rule and mental health harm in war
  • Sarah Knuckey, Alex Moorehead, Audrey McCalley, and Adam Brown
  • Jeff McMahan
  • Towards the special computer law of targeting : "fully autonomous" weapons systems and the proportionality test
  • Masahiro Kurosaki
  • The
  • Duty to pay reparations for the violation of the prohibition of the use of force in international relations and the Jus Post Bellum
  • Elisabeth Günnewig
  • On the continuous and concurrent application of ad Bellum and in Bello Proportionality
  • Eliav Lieblich
  • The
  • Essential link between proportionality and necessity in the exercise of self-defense
  • Geoffrey S. Corn
  • The
Control code
1150813989
Dimensions
unknown
Extent
1 online resource
File format
unknown
Form of item
online
Isbn
9780197537398
Lccn
2020014822
Level of compression
unknown
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Quality assurance targets
not applicable
Reformatting quality
unknown
Sound
unknown sound
Specific material designation
remote
System control number
(OCoLC)1150813989
Label
Necessity and proportionality in international peace and security law, volume editors, Professor Claus Kress, Captain Robert Lawless
Publication
Antecedent source
unknown
Bibliography note
Includes bibliographical references and index
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Color
multicolored
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • Unwilling and unable test for extraterritorial defensive force : why force is permitted against the territorial state
  • Jens David Ohlin
  • Drones programs, the individualization of war, and the ad Bellum Principle of Proportionality
  • Rebecca Mignot-Mahdavi
  • The
  • Quest for an internal Jus ad Bellum : international law's missing link, mere distraction, or Pandora's Box?
  • Tom Ruys
  • Article 51's reporting requirement as a space for legal argument and factfulness
  • Larissa van den Herik
  • Sequences in military necessity for the Jus in Bello
  • Necessity and proportionality in morality and law
  • Dino Kritsiotis
  • Practical and conceptual challenges to doctrinal military necessity
  • Robert Lawless
  • Considerations of necessity under Article 57(2)(a)(ii), (c), and (3) and proportionality under Article 51(5)(b) and Article 57(2)(b) of additional Protocol I : is there room for an integrated approach?
  • Wolff Heintschel von Heinegg
  • Specifying the proportionality test and the standard of due precaution : problems of prognostic assessment in determining the meaning of "may be expected" and "anticipated"
  • Stefan Oeter
  • The
  • Proportionality rule and mental health harm in war
  • Sarah Knuckey, Alex Moorehead, Audrey McCalley, and Adam Brown
  • Jeff McMahan
  • Towards the special computer law of targeting : "fully autonomous" weapons systems and the proportionality test
  • Masahiro Kurosaki
  • The
  • Duty to pay reparations for the violation of the prohibition of the use of force in international relations and the Jus Post Bellum
  • Elisabeth Günnewig
  • On the continuous and concurrent application of ad Bellum and in Bello Proportionality
  • Eliav Lieblich
  • The
  • Essential link between proportionality and necessity in the exercise of self-defense
  • Geoffrey S. Corn
  • The
Control code
1150813989
Dimensions
unknown
Extent
1 online resource
File format
unknown
Form of item
online
Isbn
9780197537398
Lccn
2020014822
Level of compression
unknown
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Quality assurance targets
not applicable
Reformatting quality
unknown
Sound
unknown sound
Specific material designation
remote
System control number
(OCoLC)1150813989

Subject

Genre

Member of

Library Locations

    • Pardee Legal Research CenterBorrow it
      5998 Alcalá Park, San Diego, CA, 92110-2492, US
      32.771471 -117.187496

Library Links

Structured data from the Bibframe namespace is licensed under the Creative Commons Attribution 4.0 International License by University of San Diego Libraries. Additional terms may apply to data associated with third party namespaces.
Processing Feedback ...