Pub Date : 2019-08-01DOI: 10.1017/9781108120173.002
M. O’Connell, C. Tams, D. Tladi
{"title":"The Use of Force in Self-Defence against Non-State Actors, Decline of Collective Security and the Rise of Unilateralism: Whither International Law?","authors":"M. O’Connell, C. Tams, D. Tladi","doi":"10.1017/9781108120173.002","DOIUrl":"https://doi.org/10.1017/9781108120173.002","url":null,"abstract":"","PeriodicalId":398167,"journal":{"name":"Self-Defence against Non-State Actors","volume":"217 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123152254","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-01DOI: 10.1017/9781108120173.003
M. O’Connell, C. Tams, D. Tladi
Whether States can act in self-defence against armed attacks carried out by non-State actors is one of the major debates of contemporary international law. It has relevance : the issues are significant and implicate a ‘cornerstone rule’ of the discipline, the prohibition against the use of force. 1 It has drama : ‘two main camps’ 2 are said to face each other in what is now frequently (if simplistically) portrayed as an epic argument opposing ‘restrictivists’ and ‘expansionists’. 3 It has focus : positions are clearly articulated; academics take sides – where do you stand on the ‘unwilling or unable’ test; 4 what’s your view on the ‘Bethlehem Principles’; 5 have you signed the ‘Plea against the Abusive Invocation of Self-Defence’? 6 – and do not mince words. 7
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Pub Date : 2019-08-01DOI: 10.1017/9781108120173.005
M. O’Connell, C. Tams, D. Tladi
This Trialogue has discussed whether and – if yes – under which conditions international law as it stands allows for self-defence against non-State actors on the territory of a non-consenting State. Unsurprisingly, it has not come up with one clear answer. Rather, it has come up with three distinct answers – the contrast and interplay of which illuminate the facets and intricate details of one of the most pressing problems of international peace and security law. Dire Tladi advocates an inter-State reading of self-defence based on a thorough investigation of the UN Charter framework and recent State practice and thus concludes that self-defence against an ‘innocent’ State is unlawful. Christian Tams arrives at the opposite result. Employing – as Tladi does – a principally positivist method, his finding is that the better interpretation of the law is open for self-defence against non-State actors.
{"title":"Self-Defence against Non-State Actors – The Way Ahead","authors":"M. O’Connell, C. Tams, D. Tladi","doi":"10.1017/9781108120173.005","DOIUrl":"https://doi.org/10.1017/9781108120173.005","url":null,"abstract":"This Trialogue has discussed whether and – if yes – under which conditions international law as it stands allows for self-defence against non-State actors on the territory of a non-consenting State. Unsurprisingly, it has not come up with one clear answer. Rather, it has come up with three distinct answers – the contrast and interplay of which illuminate the facets and intricate details of one of the most pressing problems of international peace and security law. Dire Tladi advocates an inter-State reading of self-defence based on a thorough investigation of the UN Charter framework and recent State practice and thus concludes that self-defence against an ‘innocent’ State is unlawful. Christian Tams arrives at the opposite result. Employing – as Tladi does – a principally positivist method, his finding is that the better interpretation of the law is open for self-defence against non-State actors.","PeriodicalId":398167,"journal":{"name":"Self-Defence against Non-State Actors","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126369509","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-31DOI: 10.1017/9781108120173.001
Christian Marxsen, A. Peters
{"title":"Dilution of Self-Defence and its Discontents","authors":"Christian Marxsen, A. Peters","doi":"10.1017/9781108120173.001","DOIUrl":"https://doi.org/10.1017/9781108120173.001","url":null,"abstract":"","PeriodicalId":398167,"journal":{"name":"Self-Defence against Non-State Actors","volume":"52 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122353933","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-31DOI: 10.1017/9781108120173.007
Anne Peters
{"title":"Introduction to the Series: Trialogical International Law","authors":"Anne Peters","doi":"10.1017/9781108120173.007","DOIUrl":"https://doi.org/10.1017/9781108120173.007","url":null,"abstract":"","PeriodicalId":398167,"journal":{"name":"Self-Defence against Non-State Actors","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124751679","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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