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Justification and excuse in international law : concept and theory of general defences

Justification and excuse in international law : concept and theory of general defences

Material type
단행본
Personal Author
Paddeu, Federica, 1982- author.
Title Statement
Justification and excuse in international law : concept and theory of general defences / Federica Paddeu, University of Cambridge.
Publication, Distribution, etc
Cambridge, UK ;   New York, NY, USA :   Cambridge University Press,   2018.  
Physical Medium
xliv, 556 p. ; 24 cm.
Series Statement
Cambridge studies in international and comparative law ;130
ISBN
9781107106208 (hardback)
요약
"The defences available to a state under the law of state responsibility can be considered either justifications (which render acts lawful) or excuses (excluding the responsibility of the state for wrongful conduct). This book is the first to comprehensively examine the distinction, informed by state practice and theoretical considerations. The book shows that the distinction, often dismissed as one of mere academic distinction, carries significant practical implications in respect of, among others, the responsibility of accessories to the wrongful act, compensation for material breach, suspension and termination following a material breach of treaty, and impact on the normative pull of rules. Combining an analysis of state practice, the historical development of the defences, their concept and rationale, and the theory of justification and excuse, the author proposes a classification of the six defences recognised in the Articles on State Responsibility adopted by the International Law Commission in 2001"--
Content Notes
Machine generated contents note: Introduction; 1. Justification and excuse in international law; 2. Consent; 3. Self-defence; 4. Countermeasures; 5. Force majeure; 5. State of necessity; 6. Distress; Conclusion.
Bibliography, Etc. Note
Includes bibliographical references (pages 481-523) and index.
Subject Added Entry-Topical Term
Government liability (International law). International obligations. Self-defense (International law). Necessity (Law). LAW / International.
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008 211119s2018 enk b 001 0 eng
010 ▼a 2017001030
020 ▼a 9781107106208 (hardback)
035 ▼a (KERIS)REF000018257678
040 ▼a DLC ▼b eng ▼c DLC ▼e rda ▼d DLC ▼d 211009
042 ▼a pcc
050 0 0 ▼a KZ4080 ▼b .P33 2018
082 0 0 ▼a 341.26 ▼2 23
084 ▼a 341.26 ▼2 DDCK
090 ▼a 341.26 ▼b P123j
100 1 ▼a Paddeu, Federica, ▼d 1982- ▼e author.
245 1 0 ▼a Justification and excuse in international law : ▼b concept and theory of general defences / ▼c Federica Paddeu, University of Cambridge.
260 ▼a Cambridge, UK ; ▼a New York, NY, USA : ▼b Cambridge University Press, ▼c 2018.
264 1 ▼a Cambridge, United Kingdom ; ▼a New York, NY, USA : ▼b Cambridge University Press, ▼c 2018.
300 ▼a xliv, 556 p. ; ▼c 24 cm.
336 ▼a text ▼b txt ▼2 rdacontent
337 ▼a unmediated ▼b n ▼2 rdamedia
338 ▼a volume ▼b nc ▼2 rdacarrier
490 1 ▼a Cambridge studies in international and comparative law ; ▼v 130
504 ▼a Includes bibliographical references (pages 481-523) and index.
505 8 ▼a Machine generated contents note: Introduction; 1. Justification and excuse in international law; 2. Consent; 3. Self-defence; 4. Countermeasures; 5. Force majeure; 5. State of necessity; 6. Distress; Conclusion.
520 ▼a "The defences available to a state under the law of state responsibility can be considered either justifications (which render acts lawful) or excuses (excluding the responsibility of the state for wrongful conduct). This book is the first to comprehensively examine the distinction, informed by state practice and theoretical considerations. The book shows that the distinction, often dismissed as one of mere academic distinction, carries significant practical implications in respect of, among others, the responsibility of accessories to the wrongful act, compensation for material breach, suspension and termination following a material breach of treaty, and impact on the normative pull of rules. Combining an analysis of state practice, the historical development of the defences, their concept and rationale, and the theory of justification and excuse, the author proposes a classification of the six defences recognised in the Articles on State Responsibility adopted by the International Law Commission in 2001"-- ▼c Provided by publisher.
650 0 ▼a Government liability (International law).
650 0 ▼a International obligations.
650 0 ▼a Self-defense (International law).
650 0 ▼a Necessity (Law).
650 7 ▼a LAW / International. ▼2 bisacsh.
830 0 ▼a Cambridge studies in international and comparative law ; ▼v 130.
945 ▼a KLPA

Holdings Information

No. Location Call Number Accession No. Availability Due Date Make a Reservation Service
No. 1 Location Main Library/Law Library(Books/B1)/ Call Number 341.26 P123j Accession No. 111855067 Availability Available Due Date Make a Reservation Service B M

Contents information

Table of Contents

Introduction; Part I. Justification and Excuse in International Law: 1. Justification and excuse in international law; 2. Practical consequences of the distinction in international law; 3. Classifying defences into justification and excuse in international law; Part II. Classifying the Defences in the Articles on State Responsibility: 4. Consent; 5. Self-defence; 6. Countermeasures; 7. Force majeure; 8. State of necessity; 9. Distress; Conclusion.

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