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Books > Law > International law > Public international law > International law of territories
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State Territory and International Law (Hardcover)
Loot Price: R4,557
Discovery Miles 45 570
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State Territory and International Law (Hardcover)
Series: Routledge Research in International Law
Expected to ship within 12 - 17 working days
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This book proposes a re-interpretation of Article 2(4) of the
Charter of the United Nations to read, or at least include, respect
for the inviolability of State territory. While States purport to
obey the prohibition of the Use of Force, they frequently engage in
activities that could undermine international peace and security.
In this book the author argues that State practice, opinio juris,
as well as contentious and advisory opinions of the International
Court of Justice, have promoted the first limb of Article 2(4).
Although wars between States have decreased, the maintenance of
international peace and security remains a mirage, as shown by the
increase in intra- and inter-State conflicts across the world. The
author seeks to initiate a rethinking of the provision of Article
2(4), which the International Court of Justice has described as the
cornerstone of the United Nations. The author argues that the time
is ripe for States to embrace an evolutive interpretation of
Article 2(4) to mean respect, as opposed to the traditional view of
the threat, or the use, of force. He also evaluates the discourse
regarding territorial jurisdiction in cyberspace and argues that
the efforts made by the international community to apply Article
2(4) to cyberspace suggest that the article is a flexible and live
instrument that should be adjusted to address the circumstances
that endanger international peace and security. This book will
engineer a serious debate regarding the scope of Article 2(4),
which before now has always been limited to the threat or use of
force. As a result, it will be of interest to academics and
students of public international law, as well as diplomats and
policymakers.
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