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Revisiting the Concept of Defence in the Jus ad Bellum: The Dual Face of Defence

Revisiting the Concept of Defence in the Jus ad Bellum: The Dual Face of Defence
  

The purpose of the jus ad bellum is to draw a line in the sand: thus far, but no further. In the light of modern warfare, a state should today have an explicitly recognised and undisputed right of delimited unilateral defence not only in response to an occurring armed attack, but... read full description below.

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Quick Reference

ISBN 9781509931286
Barcode 9781509931286
Release Date 22 August 2019 by Bloomsbury Publishing PLC
Format Paperback
Alternate Format(s) View All (1 other possible title(s) available)
Author(s) By Friman, Johanna
Series Studies in International Law
Availability Indent title (sourced internationally), usually ships 4-6 weeks post release/order

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  • $66.00 Wheelers price

Full details for this title

ISBN-13 9781509931286
ISBN-10 1509931287
Stock Release date is 22 August 2019
Status Indent title (sourced internationally), usually ships 4-6 weeks post release/order
Publisher Bloomsbury Publishing PLC
Imprint Hart Publishing
Release Date 22 August 2019
Publication Country United Kingdom United Kingdom
Format Paperback
Author(s) By Friman, Johanna
Series Studies in International Law
Category International Law
Number of Pages 264
Dimensions Width: 156mm
Height: 234mm
Weight Not specified - defaults to 600g
Interest Age 16+ years
Reading Age 16+ years
ONIX Text College/higher education;Professional and scholarly
Dewey Code Not specified
Catalogue Code Not specified

Description of this Book

The purpose of the jus ad bellum is to draw a line in the sand: thus far, but no further. In the light of modern warfare, a state should today have an explicitly recognised and undisputed right of delimited unilateral defence not only in response to an occurring armed attack, but also in interception of an inevitable or imminent armed attack. This book, however, makes it evident that unilateral interception is not incontestably compatible with the modern right of self-defence in Article 51 of the UN Charter. Then again, unilateral defence need not forever be confined to self-defence only, wherefore the book proposes that the concept of defence may best be modernised by a clear legal division into responsive and interceptive defence. Since both threat and use of force are explicitly prohibited in Article 2(4) of the UN Charter, this book further recommends that both responsive and interceptive defence should be explicitly excepted from this prohibition in Article 51 of the UN Charter. The modern jus ad bellum should thus legally recognise a dual face of defence: responsive self-defence if an armed attack occurs, and interceptive necessity-defence if a grave and urgent threat of an armed attack occurs. For without a clarifying and modernising revision, the concept of defence will become irreparably blurred until it is completely dissolved into the ever-shifting sands of war.

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Awards, Reviews & Star Ratings

UK Review Bertrams Star Rating: 1 stars (out of 5)

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Author's Bio

Johanna Friman is a postdoctoral researcher in law at the University of Turku.

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