"Armed attack" and Article 51 of the UN Charter

customary law and practice

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Last edited by ImportBot
August 20, 2020 | History

"Armed attack" and Article 51 of the UN Charter

customary law and practice

  • 0 Ratings
  • 1 Want to read
  • 0 Currently reading
  • 0 Have read

"This book examines to what extent the right of self-defence, as laid down in Article 51 of the Charter of the United Nations, permits States to launch military operations against other States. In particular, it focuses on the occurrence of an 'armed attack' - the crucial trigger for the activation of this right. In light of the developments since 9/11, the author analyses relevant physical and verbal customary practice, ranging from the 1974 Definition of Aggression to recent incidents such as the 2001 US intervention in Afghanistan and the 2006 Israeli intervention in Lebanon. The notion of 'armed attack' is examined from a threefold perspective. What acts can be regarded as an 'armed attack'? When can an 'armed attack' be considered to take place? And from whom must an 'armed attack' emanate? By way of conclusion, the different findings are brought together in a draft 'Definition of Armed Attack'"--

"On June 27, 1986, the International Court of Justice pronounced its much-anticipated judgment in the Nicaragua case. For the first time in its history, it gave a direct and elaborate ruling on issues pertaining to the international law on the use of force (Ius ad Bellum), including on the conditions for the exercise of States' right of self-defence. If the Court's approach merits praise for unequivocally affirming that disputes involving the recourse to force are inherently justiciable, it is somewhat puzzling what led the Hague Judges to conclude that "[t]here appears now to be general agreement on the nature of the acts which can be treated as constituting armed attacks", triggering the right of self-defence. Whether it was naivety, overconfidence or bluff on their part is open to speculation, yet one need not possess the combined legal skills of Grotius and Vattel to understand that it did not completely reflect normative reality"--

Publish Date
Language
English
Pages
585

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Previews available in: English

Edition Availability
Cover of: "Armed attack" and Article 51 of the UN Charter
"Armed attack" and Article 51 of the UN Charter: customary law and practice
2010, Cambridge University Press
in English

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Book Details


Table of Contents

The methodological debate and the quest for custom
'Armed attack' and other conditions of self-defence
The 'armed attack' requirement ratione materiae
The 'armed attack' requirement ratione temporis
The 'armed attack' requirement ratione personae
What future for the 'armed attack' criterion?
Machine generated contents note: Introduction; 1. The methodological debate and the quest for custom; 2. Conditions of self-defence; 3. The Armed Attack Requirement Ratione Materiae; 4. The Armed Attack Requirement Ratione Temporis; 5. The Armed Attack Requirement Ratione Personae; 6. What future for the armed attack criterion?

Edition Notes

Includes bibliographical references and index.

Published in
New York

Classifications

Dewey Decimal Class
341.6/2
Library of Congress
KZ6374 .R89 2010

The Physical Object

Pagination
xxx, 585 p. ;
Number of pages
585

ID Numbers

Open Library
OL24991041M
Internet Archive
armedattackartic00ruys
ISBN 13
9780521766647
LCCN
2010019534
OCLC/WorldCat
614397226, 695537931

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August 20, 2020 Edited by ImportBot import existing book
June 28, 2019 Edited by MARC Bot import existing book
September 20, 2011 Created by LC Bot import new book