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 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 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 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 Overcoming Necessity written by Thomas P. Crocker and published by Yale University Press. This book was released on 2020-07-14 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: An argument for why emergencies are no excuse for extralegal action by presidents Using emergency as a cause for action ultimately leads to an almost unnoticed evolution in the political understanding of presidential powers. The Constitution, however, was designed to function under "states of exception," most notably through the separation of powers, and provides ample internal checks on emergency actions taken under claims of necessity. Thomas Crocker urges Congress, the courts, and other bodies to put those checks into practice.
Download or read book Freedom and Necessity written by Steven Brust and published by Macmillan. This book was released on 2007-04-17 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: If you liked Susanna Clarke's Jonathan Strange & Mr Norrell-or Christopher Priest's The Prestige-or Iain Pears' An Instance of the Fingerpost-here is a classic of magic-tinged adventure you may have missed.
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 The Politics of Necessity written by Elke Zuern and published by Univ of Wisconsin Press. This book was released on 2011-02-12 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The end of apartheid in South Africa broke down political barriers, extending to all races the formal rights of citizenship, including the right to participate in free elections and parliamentary democracy. But South Africa remains one of the most economically polarized nations in the world. In The Politics of Necessity Elke Zuern forcefully argues that working toward greater socio-economic equality—access to food, housing, land, jobs—is crucial to achieving a successful and sustainable democracy. Drawing on interviews with local residents and activists in South Africa’s impoverished townships during more than a decade of dramatic political change, Zuern tracks the development of community organizing and reveals the shifting challenges faced by poor citizens. Under apartheid, township residents began organizing to press the government to address the basic material necessities of the poor and expanded their demands to include full civil and political rights. While the movement succeeded in gaining formal political rights, democratization led to a new government that instituted neo-liberal economic reforms and sought to minimize protest. In discouraging dissent and failing to reduce economic inequality, South Africa’s new democracy has continued to disempower the poor. By comparing movements in South Africa to those in other African and Latin American states, this book identifies profound challenges to democratization. Zuern asserts the fundamental indivisibility of all human rights, showing how protest movements that call attention to socio-economic demands, though often labeled a threat to democracy, offer significant opportunities for modern democracies to evolve into systems of rule that empower all citizens.
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 Ways of Necessity written by Kenneth Evan Schwinn and published by . This book was released on 1921 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 Philosophical Foundations of Property Law written by James Penner and published by OUP Oxford. This book was released on 2013-11-28 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property has long played a central role in political and moral philosophy. Philosophers dealing with property have tended to follow the consensus that property has no special content but is a protean construct - a mere placeholder for theories aimed at questions of distributive justice and efficiency. Until recently there has been a relative absence of serious philosophical attention paid to the various doctrines that shape the actual law of property. If the philosophy of property is to be more attentive to concepts lying between broad considerations of political philosophy and distributive justice on the one hand and individual rules on the other, what in this broad space needs explaining, and how might we justify what we find? The papers in this volume are a first step towards filling this gap in the philosophical analysis of private law. This is achieved here by revisiting the contributions of philosophers such as Hume, Locke, Kant, and Grotius and revealing how particular doctrines illuminate the way in which property law respects the equality and autonomy of its subjects. Secondly, by exploring the central notions of possession, ownership, and title and finally by considering the very foundations of conceptualism in property.
Download or read book War Crimes and Just War written by Larry May and published by Cambridge University Press. This book was released on 2007-02-12 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of humanness is the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross.
Download or read book The Necessity of Politics written by Christopher Beem and published by University of Chicago Press. This book was released on 2000-09 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even in the midst of an economic boom, most Americans would agree that our civic institutions are hard pressed and that we are growing ever more cynical and disconnected from one another. In response to this bleak assessment, advocates of "civil society" argue that rejuvenating our neighborhoods, churches, and community associations will lead to a more moral, civic-minded polity. Christopher Beem argues that while the movement's goals are laudable, simply restoring local institutions will not solve the problem; a civil society also needs politics and government to provide a sense of shared values and ideas. Tracing the concept back to Tocqueville and Hegel, Beem shows that both thinkers faced similar problems and both rejected civil society as the sole solution. He then shows how, in the case of the Civil Rights movement, both political groups and the federal government were necessary to effect a new consensus on race. Taking up the arguments of Robert Putnam, Michael Sandel, and others, this timely book calls for a more developed sense of what the state is for and what our politics ought to be about. "This book is bound to incite controversy and to contribute to our ongoing grappling with where our own democratic political culture is going. . . . Beem helps us to get things right by offering a corrective to any and all visions of civil society sanitized from politics."—Jean Bethke Elshtain, from the Foreword "[Beem] makes an impressive case. At the end of the day, there really is no substitute for governmental authority in fostering the moral identity of the body politic."—Robert P. George, Times Literary Supplement
Download or read book Military Necessity written by Nobuo Hayashi and published by Cambridge University Press. This book was released on 2020-03-26 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the normative foundation of international humanitarian law by developing and defending a new theory of military necessity.
Download or read book Rousseau and German Idealism written by David James and published by Cambridge University Press. This book was released on 2013-08-08 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: A systematic account of Rousseau's significance in relation to Kant's, Fichte's and Hegel's views on freedom, dependence and necessity.
