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Revisiting the concept of defence in the jus ad bellum : the dual face of defence / Johanna Friman.

Friman, Johanna, author.
2017
KZ6396 .F75 2017 (Mapit)
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Author
Friman, Johanna, author.
Title
Revisiting the concept of defence in the jus ad bellum : the dual face of defence / Johanna Friman.
Imprint
Oxford, UK ; Portland, OR : Hart Publishing, 2017.
Copyright
©2017.
Description
xv, 241 pages ; 24 cm.
Series
Studies in international law (Oxford, England) ; v. 66.
Formatted Contents Note
1. The faces of war
2. The first face of defence : self-defence
3. The second face of defence : necessity-defence
4. Whitherward warfare?
Summary
A State should today have an explicitly recognized and undisputed right of delimited unilateral defense, 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 defense need not forever be confined to self-defence only, wherefore the book proposes that the concept of defense may best be modernized by a clear legal division into responsive and interceptive defense. Since both threat and use of force are explicitly prohibited in Article 2(4) of the UN Charter, the book further recommends that both responsive and interceptive defense should be explicitly excepted from this prohibition in Article 51 of the UN Charter. The modern jus ad bellum should thus legally recognize a dual face of defense: responsive self-defense if an armed attack occurs, and interceptive necessity-defense if a grave and urgent threat of an armed attack occurs. Because without a clarifying and modernizing revision, the concept of defense will become irreparably blurred until ultimately completely dissolved into the ever shifting sands of war.
Bibliography, etc. Note
Includes bibliographical references (pages 229-233) and index.
Location
STA
Available in Other Form
Online version: Friman, Johanna. Revisiting the concept of defence in the jus ad bellum. Oxford [UK] ; Portland, Oregon : Hart Publishing, 2017
Call Number
KZ6396 .F75 2017
Language
English
ISBN
9781509906970 hardcover ; alkaline paper
1509906975 hardcover ; alkaline paper
9781509906956 electronic book
1509906959 electronic book
9781509906963 electronic publication
1509906967 electronic publication
Record Appears in
Monographs & Serials

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