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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