首页 >
法律 >
国际公法 >
Origins of the Right of Self-Defence in International Law: From the Caroline Incident to the United Nations Charter

Origins of the Right of Self-Defence in International Law: From the Caroline Incident to the United Nations Charter

作者： Tadashi Mori
出版商： Brill Nijhoff
ISBN: 9789004354975
出版时间 January 2018
规格： Hardback
适应领域： Netherlands ? 免责申明：
Countri(es) stated herein are used as reference only

￥1,949.56

或

下载订单表

加入收藏
| 加入比较

描述
大纲

详细

This book examines a long-standing dispute regarding the prerequisite for the exercise of the right to self-defence and aims to offer a possible better alternatives for interpreting the significance of the precondition provided for in the Article 51 of the United Nations Charter, by taking a historical perspective on the development of that concept from the mid-19th century to 1945.

The book defines the right of self-defence as understood in and before 1945, suggesting the typology which represents the strata of the concept. It will contribute to the current debate regarding the right of self-defence in contemporary international law, including that against terrorism, by providing a framework to analyse the state practice since 1945.
Preface
List of Abbreviations
Introduction
Part 1: Re-formation of Perspectives
1.
Framework of the Conventional Debate
Bowett and Brownlie
Interpretation of the Text of the United Nations Charter
Right of Self-defence in Pre-1945 Customary International Law and the un Charter
A Bowett: Three Issues and One General Statement
Three Issues
Rechtsgüter and Prior Conduct
General Statement
B Brownlie: Re-formulation of Bowett’s General Statement
Counter-argument to Bowett
Prior Conduct
Rechtsgüter
i>Counter-argument to Bowett’s General Statement
C Beyond the Framework of Debate Set by Brownlie
1 Influence of this Framework over Current Arguments
2 Beyond the Consensus Framework
2.
Great Confusion over the Right of Self-defence: The Caroline Incident Revisited
Why the Caroline Incident?
A Divisions over the Caroline Incident
The Caroline Incident
Divisions
Conflict over the Right of Self-defence and the Caroline Incident
B Background to the Divisions: The Necessity Doctrine and the Self-defence Doctrine
1 Necessity Doctrine
2 Self-defence Doctrine
3 Difference in the Function of the Right of Self-defence
C Differences in the Concepts: Self-preservation Doctrine
1 Self-preservation Doctrine
2 Limits of the Self-preservation Doctrine
D Perspectives
Part 2: Two Distinct Concepts
3.
The Right of Self-defence before World War i
A State Practice
Incidents and Cases to be Examined
Viewpoints to Examine
B Doctrine
Relationship to the Concept of War
Relationship to the Concept of the Right of Self-preservation
C Policing Concept of the Right of Self-defence
The Policing Concept of the Right of Self-defence
Pre-World War i Self-defence and the Doctrine
Differences in Context
4.
The Right of Self-defence as it Developed in the Inter-war Period
The Restrictive Interpretation and Its Reading of the Inter-war Period
‘Resort to Force’ and ‘Armed Attack’
Relationship between the Right of Self-defence as Developed in the Inter-war Period and the Pre-World War i Right
A The Basic Function of Self-defence: Resistance to Acts of Aggression
Development of the Outlawry of War
B Scope of the Inter-war Right
Structure of this Section
C Significance of the Inter-war Period’s Conception of Self-defence: Self-defence as Defensive War
The Policing Conception of Self-defence and the Defensive War Conception of Self-defence
Legal Status of Policing and Defensive War Conceptions
The Right of Defensive War and the Definition of Aggression
Part 3: The Pre-1945 Right of Self-defence
5.
The Relationship between the Two Conceptions of Self-defence Alive in 1945
Existing Views of this Relationship
Structure of this Chapter
A Coexistence of the Two Conceptions of the Right of Self-defence
1 The Pact of Paris and Protection of Nationals Abroad
2 The League of Nations Codification Conference
3 The United States-Mexico Mixed Claims Commission
B The Relationship between the Two Conceptions of Self-defence
The Normative Relation
The Structure of this Section
1 The Right of Self-defence in Customary International Law and Treaty Law
2 Violations of Territory and Resort to War
3 From Outlawry of War to Prohibition of the Use of Force
C ‘Outlawry of War’ and the Two Conceptions of the Right of Self-defence
6.
The Right of Self-defence in the Travaux Préparatoires of the United Nations Charter
Past Enquiries and Newly Released Documents
Structure of this Chapter
A Formulation of the Non-use of Force Principle
1 The Formulation Process
2 From the Moscow Declaration to the Dumbarton Oaks Proposals
3 Deliberations at the San Francisco Conference
4 Conclusions of Section A
B The Perception of the Right of Self-defence as Policing Measures
The un Charter and the Right of Self-defence as Policing Measures
1 Internal Discussions of the us Department of State
2 From Dumbarton Oaks to San Francisco
3 Theoretical Status of the Policing Conception of Self-defence
C ‘Insertion’ of the Right of Self-defence as Defensive War
The Process by Which Article 51 was Inserted
The Process of Article 51’s Formulation
1 From Dumbarton Oaks to San Francisco: The Two Contexts in Which the Right of Self-defence was Discussed
2 The Birth of Article 51
3 Collective Self-defence against Armed Attack and Individual Self-defence against Aggression
D The Meaning of the Right of Self-defence in the Drafting Process of the un Charter
Right of Self-defence in Terms of Policing Measures
Self-defence in Terms of Defensive War
The Rechtsgüter and Legal Status of the Right(s) of the Self-defence
Conclusion
Bibliography
Index

你可能需要


The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition): List Price: ￥517.94

￥502.40 Save ￥15.54 (3%)


Hong Kong Tax & Accounting Practical Toolkit (Basic Package): ￥3,420.66


Hong Kong Company Secretary Checklist, 2nd Edition: List Price: ￥1,297.20

￥1,258.28 Save ￥38.92 (3%)


Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book): List Price: ￥3,290.00

￥3,191.30 Save ￥98.70 (3%)


Butterworths Hong Kong Discrimination Law Handbook, 4th Edition: List Price: ￥1,410.00

￥1,367.70 Save ￥42.30 (3%)


Sentencing in Hong Kong, 11th Edition: List Price: ￥3,365.20

￥3,264.24 Save ￥100.96 (3%)


Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition: List Price: ￥2,143.20

￥2,078.90 Save ￥64.30 (3%)


Butterworths Hong Kong Company Law Handbook, 26th Edition: List Price: ￥4,136.00

￥4,011.92 Save ￥124.08 (3%)


Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition: List Price: ￥1,955.20

￥1,896.54 Save ￥58.66 (3%)


Clough & Clough on Personal Injuries: List Price: ￥1,410.00

￥1,367.70 Save ￥42.30 (3%)


Hong Kong Personal Insolvency Manual, 3rd Edition: List Price: ￥1,880.00

￥1,823.60 Save ￥56.40 (3%)


Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition: List Price: ￥1,692.00

￥1,641.24 Save ￥50.76 (3%)


A Practical Guide to Resolving Shareholder Disputes, 2nd Edition: List Price: ￥1,692.00

￥1,641.24 Save ￥50.76 (3%)


Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook): List Price: ￥2,350.00

￥2,279.50 Save ￥70.50 (3%)


Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book): List Price: ￥3,006.12

￥2,915.94 Save ￥90.18 (3%)


Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book): List Price: ￥2,672.42

￥2,592.25 Save ￥80.17 (3%)


Hong Kong Company Law, 15th Edition: List Price: ￥462.48

￥448.61 Save ￥13.87 (3%)


Private Equity in Hong Kong and China, 4th Edition: List Price: ￥1,880.00

￥1,823.60 Save ￥56.40 (3%)


Brooke's Notary Hong Kong, 3rd Edition: List Price: ￥1,598.00

￥1,550.06 Save ￥47.94 (3%)


Butterworths Hong Kong Employees' Compensation Handbook, 7th Edition: List Price: ￥1,974.00

￥1,914.78 Save ￥59.22 (3%)

“

Ordering from Professional Bookshop is fantastic, quick delivery great products, great customer service Siti L.
This is a great bookstore and have had no problems with them and all my orders have come on time and in good condition. Yang X.
Everything is perfect. Fast delivery. I highly recommend this website to all my friends and colleagues. Thanks Hoi Man L.
So thankful I am receiving all my books, thank you to all for a great service and excellent products Clinton K.
Professional Bookshop is amazing! I've been a loyal customer for over 5 years. Returns are easy to request, book or delivery complaints are taken seriously and the customer service team is friendly and patient. Mick D.
I wanted to informed you that the customer service is excellent. They were so polite and nice. I would continue to buy books from Professional Bookshop. Jingsong C.
Fast and quick service. Easy transaction method, arrived sooner than expected. Excellent packaging and the books received are in perfect condition! Thank you very much! I love the book and its quality. Saori B.
I can order any accounting books from worldwide from Professional Bookshop. Love this website and save my time to search from internet. Lingxiao R.
It is just so easy to find what you are always looking for and sometimes you can even find it up to 80% off what you would in the normal store. Graeme R.
I love shopping on Professional Bookshop! They have a wide range of accounting book with competent prices. Free shipping in Hong Kong is also really handy! Fergus Y.
Professional Bookshop is a great bookstore, I must say. Buying books in Professional Bookshop is so easy, great and reliable. It is highly recommendable. Deborah D.
A great site to shop accounting books and everything and with discountable prices. It’s my first choice whenever i want to shop something. Most trusted site. Zeng Z.
I found the books I needed and at a very low price. I am very happy and will definitely use it in the future Brian W.
I have been using Professional Bookshop for a while now. I am very impressed with customer service and delivery. When I need to have a return it is done very diligently. Olivia L.
Professional Bookshop is my default go to for finding the best prices and reading details of law books before buying. Detailed book description is very helpful. Tracy W.
I've been using Professional Bookshop since 2011 and they actually great, I always received great service and my book arrives on time. Lisa C.

所有书籍

Origins of the Right of Self-Defence in International Law: From the Caroline Incident to the United Nations Charter

Free delivery Hong Kong?

详细

你可能需要

What Our Customers Say?

所有书籍

Origins of the Right of Self-Defence in International Law: From the Caroline Incident to the United Nations Charter

Free delivery Hong Kong?

详细

你可能需要

What Our Customers Say?

video title