Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 21 No 11 Nov/Dec 2016

Book of the Month

Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

Price: £99.95

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


The International Court of Justice and Self-Defence in International Law


ISBN13: 9781841138763
Published: July 2009
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £58.00



Despatched in 4 to 6 days.

The legal rules governing the use of force between States is one of the most fundamental, and the most controversial, aspects of international law. An essential part of this subject is the question of when, and to what extent, a State may lawfully use force against another in self-defence. However, the parameters of this inherent right remain obscure, despite the best efforts of scholars and, notably, the International Court of Justice.

This book examines the burgeoning relationship between the ICJ and the right of self-defence. Since 2003 there have been three major decisions of the ICJ that have dealt directly with the law governing self-defence actions, in contrast to only two such cases in the preceding fifty years. This, then, is an opportune moment to reconsider the jurisprudence of the Court on this issue.

This book is the first of its kind to comprehensively draw together and then assess the merits of this jurisprudence. It argues that the contribution of the ICJ has been confused and unhelpful, and compounds inadequacies in existing customary international law. The ICJ’s fundamental conception of a primary criterion of ‘armed attack’ as constituting a qualitatively grave use of force is brought into question. The book then goes on to examine the underlying causes of the problems that have emerged in the jurisprudence on this crucial issue.

Subjects:
Public International Law
Contents:
INTRODUCTION I. The International Court of Justice and Self-Defence II. Facts and Rulings of the Primary Cases A. The Nicaragua Case B. The Oil Platforms Case C. DRC v Uganda D. The Nuclear Weapons Advisory Opinion E. The Israeli Wall Advisory Opinion 1 THE CRITERION OF AN ARMED ATTACK IN THE JURISPRUDENCE OF THE INTERNATIONAL COURT OF JUSTICE I. Assessing the Jurisprudence of the Court II. Armed Attack as the Condition Sine Qua Non for Self-Defence A. The Requirement of an Armed Attack B. Armed Attack in the Context of Preventative Action III. Identifying an Armed Attack: A Question of Gravity A. Relating Armed Attack, Use of Force and Non-intervention B. Specific Actions C. A Variable Standard IV. Armed Attack as an Accumulation of Events V. The Level of State Involvement in an Attack VI. Armed Attack in Collective Self-Defence VII. The Concept of Forcible Countermeasures VIII. Conclusion 2 THE CRITERIA OF NECESSITY AND PROPORTIONALITY I. The Caroline Incident: Facts and Legal Claims II. The Applicability of the Caroline Formula A. A Mythical Authority B. Limited Applicability to Certain Types of Self-Defence C. Customary International Law in 1837 D. Adoption of the Caroline Formula since 1842 72 E. Aspects of the Caroline Formula within Customary International Law III. The Contemporary Content of the Caroline Criteria IV. Necessity A. Necessity as 'Last Resort' B. Procedural Exhaustion of Non-forcible Measures C. A 'Reasonableness' Test for Assessing Last Resort V. Proportionality VI. Temporal Aspects of Self-Defence A. Imminence B. Immediacy C. Temporal Aspects of Self-Defence in the Modern World VII. The Marginalisation of Necessity and Proportionality by the ICJ VIII. Conclusion 3 THE TROUBLE WITH ARMED ATTACK AND THE MERGED CONCEPTIONS OF SELF-DEFENCE I. 'Armed Attack as a Grave Use of Force': An Accurate Reflection of the Law? II. Armed Attack as a Self-Fulfilling Prophesy? III. The Merged Conceptions of Self-Defence IV. The Overlapping Functions of the Merged Conceptions V. The Different Functions of the Merged Conceptions VI. The Gap between a Use of Force Simpliciter and an Armed Attack VII. The Overall Indeterminacy of Self-Defence VIII. Conclusion 4 A PROPOSAL FOR REDEFINING ARMED ATTACK I. Defining Armed Attack Differently: Proposals Old and New II. The General Suitability of Necessity and Proportionality III. Implications for the 'Accumulation of Events' Problem IV. Implications for the 'Level of State Involvement' Problem V. Pre-empting the Issue of Preventative Self-Defence VI. Additional Support for a Different Interpretation of Armed Attack VII. Conclusion 5 THE ICJ: ROLES AND RESTRICTIONS I. Non-appearance A. Non-appearance in Nicaragua B. Non-appearance in Use of Force Disputes Generally II. The Underlying Roles of the ICJ A. The Settlement of Disputes through the Application of Existing Law B. The Development of International Law C. Is the Development of the Law Desirable? III. Politicisation and Decision-Making A. The Hive Mind Fallacy B. Judicial Bias and Politicisation C. Dworkinian 'Principles' and Decision-Making IV. The Suitability of the ICJ for Dealing with Use of Force Issues A. The Justiciability of 'Political' Disputes and the Separation of Powers B. The Need for a Legal Approach C. Evidence-Gathering V. Consent and the Limited Number of Self-Defence Cases VI. Consent and Partial Jurisdiction VII. Conclusion CONCLUSION

Series: Hart Studies in International Law

The Impact of Investment Treaty Law on Host States: Enabling Good Governance ISBN 9781849465854
To be published March 2018
Hart Publishing
£60.00
Revisiting the Concept of Defence in the Jus Ad Bellum: The Dual Face of Defence ISBN 9781509906970
To be published February 2017
Hart Publishing
£55.00
Arctic Law and Governance: The Role of China and Finland ISBN 9781849467025
To be published December 2016
Hart Publishing
£60.00
£58.33 + £11.66 VAT
(ePub)
Buy
£70.00
Human Rights and Drug Control: The False Dichotomy ISBN 9781849467063
Published June 2016
Hart Publishing
£55.00
Security and International Law ISBN 9781849466349
Published April 2016
Hart Publishing
£65.00
Security and International Law (eBook) ISBN 9781782255895
Published April 2016
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
Buy
Human Rights Obligations of Non-State Armed Groups ISBN 9781509901630
Published March 2016
Hart Publishing
£60.00
Human Rights Obligations of Non-State Armed Groups (eBook) ISBN 9781509901654
Published March 2016
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
Diplomatic Interference and the Law (eBook) ISBN 9781509902781
Published February 2016
Hart Publishing
£58.33 + £11.66 VAT
(ePub)
Buy
Diplomatic Interference and the Law ISBN 9781849464369
Published February 2016
Hart Publishing
£70.00
£54.16 + £10.83 VAT
(ePub)
Buy
Statelessness: The Enigma of the International Community ISBN 9781849469692
Published August 2015
Hart Publishing
£24.99
Non-State Actors in International Law (eBook) ISBN 9781509901869
Published August 2015
Hart Publishing
£79.16 + £15.83 VAT
(ePub)
Buy
Non-State Actors in International Law ISBN 9781849465113
Published August 2015
Hart Publishing
£95.00
The Contractual Nature of the Optional Clause ISBN 9781849468664
Published July 2015
Hart Publishing
£63.00
The Contractual Nature of the Optional Clause (eBook) ISBN 9781509901449
Published July 2015
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
£62.49 + £12.50 VAT
(ePub)
Buy
An Equitable Framework for Humanitarian Intervention ISBN 9781849464048
Published May 2013
Hart Publishing
£63.00
An Equitable Framework for Humanitarian Intervention (eBook) ISBN 9781782251279
Published May 2013
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
£29.16 + £5.83 VAT
(ePub)
Buy
£35.00
Europe and Extraterritorial Asylum (eBook) ISBN 9781847319074
Published March 2012
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
Buy
Europe and Extraterritorial Asylum ISBN 9781849462709
Published March 2012
Hart Publishing
£65.00
Promises of States under International Law (eBook) ISBN 9781847318787
Published January 2012
Hart Publishing
£66.66 + £13.33 VAT
(ePub)
Buy
Promises of States under International Law ISBN 9781849462327
Published January 2012
Hart Publishing
£80.00
Accounting for Hunger: The Right to Food in the Era of Globalization ISBN 9781849462266
Published November 2011
Hart Publishing
£58.00
£45.82 + £9.17 VAT
(ePub)
Buy
The Militarisation of Peacekeeping in the Twenty-First Century (eBook) ISBN 9781847318183
Published November 2011
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
Buy
The Militarisation of Peacekeeping in the Twenty-First Century ISBN 9781849461146
Published November 2011
Hart Publishing
£68.00
International Humanitarian Law and Terrorism ISBN 9781849461375
Published July 2011
Hart Publishing
£85.00
£63.00
Multi-Sourced Equivalent Norms in International Law ISBN 9781849461450
Published March 2011
Hart Publishing
£70.00
Multi-Sourced Equivalent Norms in International Law (eBook) ISBN 9781847317827
Published March 2011
Hart Publishing
£58.33 + £11.66 VAT
(ePub)
Buy
Contracting with Sovereignty: State Contracts and International Arbitration ISBN 9781841136578
Published January 2011
Hart Publishing
£65.00
Reflections on the UN Declaration on the Rights of Indigenous Peoples ISBN 9781841138787
Published January 2011
Hart Publishing
£50.00
Human Dignity and the Foundations of International Law (eBook) ISBN 9781847318060
Published June 2010
Hart Publishing
£23.32 + £4.67 VAT
(ePub)
Buy
Human Dignity and the Foundations of International Law ISBN 9781849460897
Published June 2010
Hart Publishing
£27.99
Africa: Mapping New Boundaries in International Law
Edited by: Jeremy Levitt
ISBN 9781849461177
Published June 2010
Hart Publishing
£29.99
The Democratic Legitimacy of International Law ISBN 9781841138176
Published June 2010
Hart Publishing
£73.00
£80.00
£75.00
Human Dignity and the Foundations of International Law ISBN 9781841133577
Published June 2009
Hart Publishing
£50.00
Counterterrorism: Democracy’s Challenge ISBN 9781841138183
Published July 2008
Hart Publishing
£70.00
Africa: Mapping New Boundaries in International Law
Edited by: Jeremy Levitt
ISBN 9781841136189
Published March 2008
Hart Publishing
Price on Application
Forced Migration, Human Rights and Security
Edited by: Jane McAdam
ISBN 9781841137704
Published March 2008
Hart Publishing
£45.00
Human Security and International Law: Prospects and Problems ISBN 9781841136103
Published December 2007
Hart Publishing
£50.00
Biotechnologies and International Human Rights ISBN 9781841137032
Published February 2007
Hart Publishing
£74.00
Transnational Corporations and Human Rights ISBN 9781841136530
Published September 2006
Hart Publishing
£80.00
Biotechnology and International Law ISBN 9781841136318
Published June 2006
Hart Publishing
£79.00
£113.00
£35.00
Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
ISBN 9781841135663
Published November 2005
Hart Publishing
£40.00
Regional Organisations and Development of Collective Security ISBN 9781841134802
Published November 2004
Hart Publishing
£63.00
Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
ISBN 9781841134307
Published July 2004
Hart Publishing
£88.00
The Permanent International Criminal Court ISBN 9781841132815
Published March 2004
Hart Publishing
£48.00
The Chapter VII Powers of the United Nations Security Council ISBN 9781841134222
Published January 2004
Hart Publishing
£78.00
Toxics and Transnational Law: International and European Regulation of Toxic Substances as Legal Symbolism
Marc PallemaertsVrije Universiteit Brussel, Brussels and Universite Libre de Bruxelles, Brussels
ISBN 9781841131290
Published June 2003
Hart Publishing
£120.00
Between Light and Shadow ISBN 9781841133904
Published March 2003
Hart Publishing
£63.00