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The Inherent Right of Self-Defence in International Law (Paperback)
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The Inherent Right of Self-Defence in International Law (Paperback)
Series: Ius Gentium: Comparative Perspectives on Law and Justice, 19
Expected to ship within 10 - 15 working days
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Determining 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.
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