Download or read book Necessity and National Emergency Clauses written by Diane A. Desierto and published by Martinus Nijhoff Publishers. This book was released on 2012-01-05 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unveiling the complex dynamic between State sovereignty and necessity doctrine as historically practiced in international political relations, this book proposes analytical criteria to assess the lawfulness and legitimacy of interpretations of necessity and national emergency clauses in specialized treaty regimes.

Download or read book The Right of Necessity written by Alejandra Mancilla and published by Rowman & Littlefield. This book was released on 2016-08-19 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does the basic right to subsistence allow its holders to do for themselves when it goes unfulfilled? This book guides the reader through the morality of infringing property rights for subsistence, in a global context.

Download or read book Military Necessity in International Cultural Heritage Law written by Berenika Drazewska and published by BRILL. This book was released on 2021-12-13 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.

Download or read book Necessity and Proportionality in International Peace and Security Law written by Claus Kreß and published by Oxford University Press, USA. This book was released on 2020-11-30 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Necessity and proportionality occupy a firm place in the international law governing the use of force by states. Perhaps most importantly for practical purposes, the exercise of the right of self-defense, as recognized in Article 51 of the United Nations Charter, is subject to the requirements of necessity and proportionality, as the International Court of Justice determined in the Nicaragua case. Necessity and proportionality are also firmly anchored in the international law governing armed conflicts. In its Nuclear Weapons Advisory Opinion, the International Court of Justice even referred to one articulation of the idea of necessity, that directed against the causing of unnecessary suffering, as one of two "cardinal principles" of this body of law. However, beyond statement in such general terms, the realms of uncertainty and controversy soon begin. It is far from clear, for example, how to distinguish with precision between necessity and proportionality in the international law on self-defense and, in immediate connection herewith, what it means precisely to say that forcible action taken in the exercise of self-defense must be proportionate. It is all the less clear what legal significance, if any, necessity and proportionality possess in other contexts of the international law governing the use of force"--

Download or read book Necessity and Proportionality and the Right of Self Defence in International Law written by Chris O'Meara and published by Oxford University Press. This book was released on 2021-03-11 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: States invariably justify using force extraterritorially by reference to their right of self-defence. In doing so, they accept that the exercise of this right is conditioned by the customary international law requirements of necessity and proportionality. However, these requirements are notorious for being normatively indeterminate and operationally complex. As a breach of either requirement renders ostensibly defensive action unlawful, increased determinacy regarding their scope and substance is crucial to how international law constrains military force. This book examines the conceptual meaning, content, and practical application of necessity and proportionality as they relate to the right of self-defence following the adoption of the UN Charter in 1945. It provides a coherent and up-to-date description of the applicable contemporary international law and proposes an analytical framework to guide its operation and appraisal. This book argues that necessity and proportionality are conceptually distinct and must be applied in the foregoing order to avoid an insufficient 'catch-all' description of legality or illegality. Necessity determines whether defensive force may be used to respond to an armed attack and where it must be directed. Proportionality governs how much total force is permissible and prohibits excessive responses. Both requirements are shown to apply on an ongoing basis throughout the duration of an armed conflict prompted by self-defence. Compliance with necessity and proportionality ensures that the purposes of self-defence are met, and nothing more, and that defensive force is not unduly disruptive to third party interests and to international peace and security.

Download or read book Necessity Proportionality and the Use of Force by States written by Judith Gardam and published by Cambridge University Press. This book was released on 2004-11-18 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.

Download or read book Necessity in International Law written by Jens David Ohlin and published by Oxford University Press. This book was released on 2016-09-08 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Necessity is a notoriously dangerous and slippery concept-dangerous because it contemplates virtually unrestrained killing in warfare and slippery when used in conflicting ways in different areas of international law. Jens David Ohlin and Larry May untangle these confusing strands and perform a descriptive mapping of the ways that necessity operates in legal and philosophical arguments in jus ad bellum, jus in bello, human rights, and criminal law. Although the term "necessity" is ever-present in discussions regarding the law and ethics of killing, its meaning changes subtly depending on the context. It is sometimes an exception, at other times a constraint on government action, and most frequently a broad license in war that countenances the wholesale killing of enemy soldiers in battle. Is this legal status quo in war morally acceptable? Ohlin and May offer a normative and philosophical critique of international law's prevailing notion of jus in bello necessity and suggest ways that killing in warfare could be made more humane-not just against civilians but soldiers as well. Along the way, the authors apply their analysis to modern asymmetric conflicts with non-state actors and the military techniques most likely to be used against them. Presenting a rich tapestry of arguments from both contemporary and historical Just War theory, Necessity in International Law is the first full-length study of necessity as a legal and philosophical concept in international affairs.

Download or read book Land of Necessity written by Alexis McCrossen and published by Duke University Press. This book was released on 2009-06-19 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published in cooperation with the William P. Clements Center for Southwest Studies, Southern Methodist University. In Land of Necessity, historians and anthropologists unravel the interplay of the national and transnational and of scarcity and abundance in the region split by the 1,969-mile boundary line dividing Mexico and the United States. This richly illustrated volume, with more than 100 images including maps, photographs, and advertisements, explores the convergence of broad demographic, economic, political, cultural, and transnational developments resulting in various forms of consumer culture in the borderlands. Though its importance is uncontestable, the role of necessity in consumer culture has rarely been explored. Indeed, it has been argued that where necessity reigns, consumer culture is anemic. This volume demonstrates otherwise. In doing so, it sheds new light on the history of the U.S.-Mexico borderlands, while also opening up similar terrain for scholarly inquiry into consumer culture. The volume opens with two chapters that detail the historical trajectories of consumer culture and the borderlands. In the subsequent chapters, contributors take up subjects including smuggling, tourist districts and resorts, purchasing power, and living standards. Others address home décor, housing, urban development, and commercial real estate, while still others consider the circulation of cinematic images, contraband, used cars, and clothing. Several contributors discuss the movement of people across borders, within cities, and in retail spaces. In the two afterwords, scholars reflect on the U.S.-Mexico borderlands as a particular site of trade in labor, land, leisure, and commodities, while also musing about consumer culture as a place of complex political and economic negotiations. Through its focus on the borderlands, this volume provides valuable insight into the historical and contemporary aspects of the big “isms” shaping modern life: capitalism, nationalism, transnationalism, globalism, and, without a doubt, consumerism. Contributors. Josef Barton, Peter S. Cahn, Howard Campbell, Lawrence Culver, Amy S. Greenberg, Josiah McC. Heyman, Sarah Hill, Alexis McCrossen, Robert Perez, Laura Isabel Serna, Rachel St. John, Mauricio Tenorio-Trillo, Evan R. Ward

Download or read book The Nature of Necessity written by Alvin Plantinga and published by Clarendon Press. This book was released on 1978-02-01 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a reissue of a book which is an exploration and defence of the notion of modality 'de re', the idea that objects have both essential and accidental properties. It is one of the first full-length studies of the modalities to emerge from the debate to which Saul Kripke, David Lewis, Ruth Marcus and others have contributed. The argument is developed by means of the notion of possible worlds, and ranges over key problems including the nature of essence, trans-world identity, negative existential propositions, and the existence of unactual objects in other possible worlds. In the final chapters Professor Plantinga applies his logical theories to the clarification of two problems in the philosophy of religion - the Problem of Evil and the Ontological Argument.

Download or read book The Reform of International Economic Governance written by Antonio Segura Serrano and published by Routledge. This book was released on 2016-05-05 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second half of the twentieth century saw the emergence of international economic law as a major force in the international legal system. This force has been severely tested by the economic crisis of 2008. Unable to prevent the crisis, the existing legal mechanisms have struggled to react against its direst consequences. This book brings together leading experts to analyse the main causes of the crisis and the role that international economic law has played in trying to prevent it, on the one hand, and worsening it, on the other. The work highlights the reaction and examines the tools that have been created by the international legal field to implement international cooperation in an effort to help put an end to the crisis and avoid similar events in the future. The volume brings together eminent legal academics and economists to examine key issues from the perspectives of trade law, financial law, and investment law with the collective aim of reform of international economic governance.

Download or read book The Military Commander s Necessity written by Sigrid Redse Johansen and published by Cambridge University Press. This book was released on 2019-10-03 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive examination of the legal limits to the military commander's assessment of military necessity during armed conflict.

Download or read book Evolution in Investment Treaty Law and Arbitration written by Chester Brown and published by Cambridge University Press. This book was released on 2011-11-17 with total page 747 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues. Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.

Download or read book Meaning and Necessity A Study in Semantics and Modal Logic written by Rudolf Carnap and published by Read Books Ltd. This book was released on 2011-03-23 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main purpose of this book is the development of a new method for the semantical analysis of meaning, that is, a new method for analyzing and describing the meanings of linguistic expressions. This method, called the method of extension and intension, is developed by modifying and extending certain customary concepts, especially those of class and property. The method will be contrasted with various other semantical methods used in traditional philosophy or by contemporary authors. These other methods have one characteristic in common. They all regard an expression in a language as a name of a concrete or abstract entity. In contradistinction, the method here proposed takes an expression, not as naming anything, but as possessing an intension and an extension. Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce and increasingly expensive. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.

Download or read book The Empire of Necessity written by Greg Grandin and published by Metropolitan Books. This book was released on 2014-01-14 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the acclaimed author of Fordlandia, the story of a remarkable slave rebellion that illuminates America's struggle with slavery and freedom during the Age of Revolution and beyond One morning in 1805, off a remote island in the South Pacific, Captain Amasa Delano, a New England seal hunter, climbed aboard a distressed Spanish ship carrying scores of West Africans he thought were slaves. They weren't. Having earlier seized control of the vessel and slaughtered most of the crew, they were staging an elaborate ruse, acting as if they were humble servants. When Delano, an idealistic, anti-slavery republican, finally realized the deception, he responded with explosive violence. Drawing on research on four continents, The Empire of Necessity explores the multiple forces that culminated in this extraordinary event—an event that already inspired Herman Melville's masterpiece Benito Cereno. Now historian Greg Grandin, with the gripping storytelling that was praised in Fordlandia, uses the dramatic happenings of that day to map a new transnational history of slavery in the Americas, capturing the clash of peoples, economies, and faiths that was the New World in the early 1800s.

Download or read book Self Defense Necessity and Punishment written by Uwe Steinhoff and published by Routledge. This book was released on 2019-10-08 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a philosophical analysis of the moral and legal justifications for the use of force. While the book focuses on the ethics self-defense, it also explores its relation to lesser evil justifications, public authority, the justification of punishment, and the ethics of war. Steinhoff’s account of the moral use of force covers a wide range of topics, including the nature of justification in general, the precise elements of different justifications, the logic of claim- and liberty-rights and of rights forfeiture, the value of human life and its limits, and the principles of reciprocity and precaution. While the author’s analysis is primarily philosophical, it is informed by a metaethical stance that also places heavy emphasis on existing law and legal scholarship. In doing so, the book appeals to widely shared moral intuitions, precepts, and concepts grounded in criminal law. Self-Defense, Necessity, and Punishment offers the most comprehensive and systematic account of the ethics of self-defense. It will be of interest to scholars and graduate students working in applied ethics and moral philosophy, philosophy of law, and political philosophy.

Download or read book I Citizen written by Tony Woodlief and published by Encounter Books. This book was released on 2021-12-07 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a story of hope, but also of peril. It began when our nation’s polarized political class started conscripting everyday citizens into its culture war. From their commanding heights in political parties, media, academia, and government, these partisans have attacked one another for years, but increasingly they’ve convinced everyday Americans to join the fray. Why should we feel such animosity toward our fellow citizens, our neighbors, even our own kin? Because we’ve fallen for the false narrative, eagerly promoted by pundits on the Left and the Right, that citizens who happen to vote Democrat or Republican are enthusiastic supporters of Team Blue or Team Red. Aside from a minority of party activists and partisans, however, most voters are simply trying to choose the lesser of two evils. The real threat to our union isn’t Red vs. Blue America, it’s the quiet collusion within our nation’s political class to take away that most American of freedoms: our right to self-governance. Even as partisans work overtime to divide Americans against one another, they’ve erected a system under which we ordinary citizens don’t have a voice in the decisions that affect our lives. From foreign wars to how local libraries are run, authority no longer resides with We the People, but amongst unaccountable officials. The political class has stolen our birthright and set us at one another’s throats. This is the story of how that happened and what we can do about it. America stands at a precipice, but there’s still time to reclaim authority over our lives and communities.

Download or read book Machiavelli and the Modern State written by Alissa M. Ardito and published by Cambridge University Press. This book was released on 2021-02-11 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a significant reinterpretation of the history of republican political thought and of Niccol- Machiavelli's place within it. It locates Machiavelli's political thought within enduring debates about the proper size of republics. From the sixteenth century onward, as states grew larger, it was believed only monarchies could govern large territories effectively. Republicanism was a form of government relegated to urban city-states, anachronisms in the new age of the territorial state. For centuries, history and theory were in agreement: constructing an extended republic was as futile as trying to square the circle; but then James Madison devised a compound representative republic that enabled popular government to take on renewed life in the modern era. This work argues that Machiavelli had his own Madisonian impulse and deserves to be recognized as the first modern political theorist to envision the possibility of a republic with a large population extending over a broad territory.