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Vol 25 No 2 Feb/March 2020

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Lewin on Trusts

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State Territory and International Law


ISBN13: 9780367353988
To be Published: July 2020
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £120.00



This book proposes a re-interpretation of Article 2(4) of the Charter of the United Nations to read, or at least include, respect for the inviolability of State Territory.

While States purport to obey the prohibition of the Use of Force, they frequently engage in activities that could undermine international peace and security. In this book the author argues that State practice, opinio juris, as well as contentious and advisory opinions of the International Court of Justice, have promoted the first limb of Article 2(4). Although, wars between States have reduced, the maintenance of international peace and security remains a mirage, as shown by the increase in intra-State and inter-State conflicts across the world. The author seeks to initiate a rethinking of the provision of Article 2(4), which the International Court of Justice has described as the cornerstone of the United Nations. The author argues that the time is ripe for States to embrace an evolutive interpretation of Article 2(4) to mean respect, as opposed to the traditional view of threatening or using of force. He also evaluates the discourse regarding territorial jurisdiction in cyberspace and argues that the efforts made by the international community to apply Article 2(4) to cyberspace suggests that Article 2(4) is a flexible and living instrument that should be adjusted to address the circumstances that endanger international peace and security.

This book will engineer a serious debate regarding the scope of Article 2(4), which before now has always been limited to the threat or use of force. As a result, it will be of interest to academics and students of public international law, as well as diplomats and policymakers.

Subjects:
Public International Law
Contents:
Table of cases
Abbreviations
Foreword
Acknowledgment
Chapter One. General Introduction
Chapter Two. Setting Out the Theoretical Framework
Chapter Three. Inviolability of State Territory and Article 2(4) of the UN Charter
Chapter Four. Expanding the Frontiers of Article 2(4) to Cyberspace
Chapter Five. Breaches of State Territory
Chapter Six. Non-State Actors, Article 2(4) and the Sanctity of State Territory
Chapter Seven. Attempt to Formulate a theory of Respect for the Inviolability of State Territory
Bibliography
Index

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