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Proportionality in International Law

Proportionality in International Law

作者： Michael Newton; Larry May
出版商： Oxford University Press USA
ISBN: 9780199355037
出版时间 April 2014
规格： Hardback , 352 pages
适应领域： U.S. ? 免责申明：
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- The first comprehensive treatment of proportionality to combine abstract philosophical and legal analysis with highly emotive contemporary combat cases
- Discusses how proportionality applies to the history of the Just War tradition, and emerging human rights issues
- Offers a unique interdisciplinary approach to solving the difficult problem of human shields, use of drones, cyber war techniques, and counterinsurgency tactics
- Provides practical advice to practitioners, and military officials faced with proportionality concerns
- Includes case studies from the perspective of those who make decisions in the midst of armed conflict, bringing analytic rigor as well as sensitivity to the debate
- Contrasts the applications of proportionality in both jus ad bellum and within jus in bello
Proportionality is intimately linked to the overarching concepts of self-defense, lawful force, and the controlled application of violence. It is one of the most visible facets of humanitarian law designed to reduce unnecessary human suffering and avoid excessive damage to property, and the natural environment. However, its application has come under renewed scrutiny and sustained controversy as a result of wars against non-state actors and from the extensive use of drones, human shields, cyber war techniques, and counterinsurgency tactics.

Proportionality in International Law critically assesses the law of proportionality in normative terms combining abstract philosophical and legal analysis with highly emotive contemporary combat cases. The principle of proportionality permits actions that are logically linked to the intended goal, and thus defines the permissible boundaries for the initiation and conduct of modern wars. The case studies discussed in this book are predominantly from the perspective of those who make decisions in the midst of armed conflict, bringing analytic rigor to the debates as well as sensitivity to facts on the ground. The authors analyze modern usages of proportionality across a wide range of contexts enabling a more complete comprehension of the values that it preserves. This book contrasts the applications of proportionality in both jus ad bellum (the law and morality of resort to force) and within jus in bello (the doctrines applicable for using force in the midst of conflicts).Proportionality in International Law provides the reader with a unique interdisciplinary approach, offering practitioners and policymakers alike greater clarity over how proportionality should be understood in theory and in practice.

Readership: Practicing lawyers, academics and students of international law, political philosophy, political science, and social theory. Military forces and armed service schools around the world.
1. Introduction
2. What is Proportionality?
3. Proportionality: A Multiplicity of Meanings
4. Proportionality in the Just War Tradition
5. Proportionality in International Humanitarian Law
6. Proportionality in Human Rights Law and Morality
7. The Uniqueness of Jus in Bello Proportionality
8. Countermeasures and Counterinsurgency
9. Human Shields and Risk
10. Targeted Killings and Proportionality in Law: Two Models
11. The Nature of War and the Idea of "Cyberwar"
12. Thresholds of Jus in Bello Proportionality
Bibliography
Index
Michael Newton is Professor of the Practice of Law at Vanderbilt University Law School. He formerly taught at the United States Military Academy at West Point and at the Judge Advocate General's School and Center. Professor Newton has written extensively about use of force issues, international jurisprudence, and the enforcement of international law. His co-authored work, Enemy of the State: The Trial and Execution of Saddam Hussein (with Michael Scharf) won book-of-the-year honors from the American Section of International Association of Penal Law. He also won Article of Year honors in 2011 for his article entitled Evolving Equality: The Development of the International Defense Bar, published in the Stanford Journal of International Law.

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