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020 _a9789400748514
_9978-94-007-4851-4
024 7 _a10.1007/978-94-007-4851-4
_2doi
050 4 _aK7000-7720.22
050 4 _aK7073-7078
072 7 _aLB
_2bicssc
072 7 _aLAM
_2bicssc
072 7 _aLAW051000
_2bisacsh
072 7 _aLAW016000
_2bisacsh
082 0 4 _a340.9
_223
082 0 4 _a340.2
_223
100 1 _aAlder, Murray Colin.
_eauthor.
245 1 4 _aThe Inherent Right of Self-Defence in International Law
_h[electronic resource] /
_cby Murray Colin Alder.
264 1 _aDordrecht :
_bSpringer Netherlands :
_bImprint: Springer,
_c2013.
300 _aXVIII, 222 p.
_bonline resource.
336 _atext
_btxt
_2rdacontent
337 _acomputer
_bc
_2rdamedia
338 _aonline resource
_bcr
_2rdacarrier
347 _atext file
_bPDF
_2rda
490 1 _aIus Gentium: Comparative Perspectives on Law and Justice ;
_v19
505 0 _aChapter 1 The use of force between states before 1815 – the sovereign right to use war --  Chapter 2 The use of force between states – 1815 to 1914 -- Chapter 3 The use force between states – 1919 to 1939 -- Chapter 4 Charter of the United Nations 1945 -- Chapter 5 The existing scholarly debate and judicial developments in self-defence -- Chapter 6 State practice in self-defence since 1945 -- Chapter 7 Conclusion -- Documents -- Bibliography -- Books and Texts -- Articles -- Index.
520 _aDetermining the earliest point in time at which international law authorises a state to exercise its inherent right of self-defence is an issue which has been debated, but unsatisfactorily reasoned, by scholars and states since the 1960’s. Yet it remains arguably the most pressing question of law that faces the international community. This book unravels the legal and factual complications which have obscured the answer to this question. In contrast to most other works, it takes an historic approach by tracing the evolution of the rights, rules and principles of international law which have governed the use of force by states since the 16th century. Its emphasis on self-defence provides the reader with a new and complete understanding of how and why the international legal framework limits defensive force to repelling an imminent threat or use of offensive force which is directed at the territory of a state.  Taking an historic approach enables this book to resurrect an understanding of the human defensive instinct which has guided the formation of the international law of self-defence. It also explains the true legal nature and scope of the inherent right of self-defence, of anticipatory self-defence and provides a definition of the legal commencement of an armed attack for the purpose of Article 51 of the Charter. Finally, the reader will receive a unique source of research materials and analysis of state practice and of scholarly works concerning self-defence and the use of force since the 16th century, which is suitable for all readers of international law around the world.
650 0 _aLaw.
650 0 _aPolitical science.
650 0 _aLaw
_xPhilosophy.
650 0 _aPrivate international law.
650 0 _aConflict of laws.
650 0 _aInternational law.
650 0 _aComparative law.
650 1 4 _aLaw.
650 2 4 _aPrivate International Law, International & Foreign Law, Comparative Law.
650 2 4 _aPhilosophy of Law.
650 2 4 _aTheories of Law, Philosophy of Law, Legal History.
710 2 _aSpringerLink (Online service)
773 0 _tSpringer eBooks
776 0 8 _iPrinted edition:
_z9789400748507
830 0 _aIus Gentium: Comparative Perspectives on Law and Justice ;
_v19
856 4 0 _uhttp://dx.doi.org/10.1007/978-94-007-4851-4
912 _aZDB-2-SHU
942 _2Dewey Decimal Classification
_ceBooks
999 _c48448
_d48448