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Necessity, Proportionality and the Use of Force by States : Cambridge Studies in International and Comparative Law - Judith Gardam

Necessity, Proportionality and the Use of Force by States

Cambridge Studies in International and Comparative Law

Paperback

Published: 21st July 2011
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There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.

"Necessity, Proportionality and the Use of Force by States is essential reading for anyone concerned with the international law on the use of force. It provides detailed analysis not found elsewhere on two of the most important use of force principles in the canon, necessity and proportionality." - Mary Ellen O'Connel, Notre Dame Law School, The American Journal of International Law

Acknowledgments
Table of cases
List of abbreviations
Preface
The place of necessity and proportionality in restraints on the forceful actions of states
Necessity, proportionality and the forceful actions of states prior to the adoption of the United Nations Charter in 1945
Proportionality and combatants in modern international humanitarian law
Proportionality and civilians in modern international humanitarian law
Necessity, proportionality and the unilateral use of force in the era of the United Nations Charter
Necessity, proportionality and the United Nations system: collective actions involving the use of force
Bibliography
Index
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780521173490
ISBN-10: 0521173493
Series: Cambridge Studies in International and Comparative Law
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 288
Published: 21st July 2011
Publisher: CAMBRIDGE UNIV PR
Country of Publication: GB
Dimensions (cm): 22.86 x 15.24  x 1.65
Weight (kg): 0.43