SELF DEFENSE IN INTERNATIONAL LAWPDF电子书下载
- 电子书积分：11 积分如何计算积分？
- 作 者：D.E.BOWETT
- 出 版 社：LTD
- 出版年份：2010
- ISBN：1584778555
- 页数：294 页
INTRODUCTION 3
Ⅰ. THE NATURE OF THE RIGHT OF SELF-DEFENCE 3
Self-Defence under Natural Law 4
The Empirical Method 8
Self-preservation and the Doctrine of Necessity 10
Self-help 11
Sanctions 19
PART I THE SUBSTANTIVE RIGHTS FOR WHICH SELF-DEFENCE IS A PERMISSIBLE MEANS OF PROTECTION 27
Ⅱ. THE RIGHT OF TERRITORIAL INTEGRITY 29
The so-called Right of Hot Pursuit 38
Ⅲ. THE RIGHT OF POLITICAL INDEPENDENCE 42
The Duty of Non-intervention 44
Under General International Law 44
Under Treaty 50
The Exercise of the Right of Self-Defence against States 51
The Exercise of the Right of Self-Defence against Individuals 55
Ⅳ. DEFENCE OF THE STATE'S SECURITY ON THE HIGH SEAS 66
Customs and Revenue Enforcement 67
Security 70
The Use of Force and the Right of Visit and Search 71
Legislation 75
Fisheries 77
The Right of Hot Pursuit 82
Ⅴ. THE RIGHT OF PROTECTION OF NATIONALS 87
The Protection of Nationals Abroad 87
The Defence of Nationals as the Defence of the State 91
The Conditions of Protection 94
The Nationality of the Person 94
The Imminence of Danger to Life or Property 96
Ⅵ. THE DEFENCE OF ECONOMIC INTERESTS 106
PART II THE ANTITHESIS OF THE RIGHT OF SELF-DEFENCE AND THE 'RIGHT' OF WAR 115
Ⅶ. SELF-DEFENCE AND WAR 117
Positivism prior to the Pact of Paris 120
The Pact of Paris 132
The Interpretation of the Pact of Paris and the Right of Self-Defence by the International Military Tribunal 138
Nuremberg 138
Tokyo 143
The United Nations Charter 145
Ⅷ. NEUTRALITY AND SELF-DEFENCE 156
The Neutral State 162
The State acting in Self-Defence 167
Neutrality under the U.N.Charter and the Right of Self-Defence 174
Where the Characterization has been made by a competent organ of the United Nations 175
Where the Characterization has not been made by a competent organ of the United Nations 179
Ⅸ. SELF-DEFENCE UNDER THE U.N.CHARTER 182
The Origin of Article 182
The Interpretation of Article 184
Ⅹ. COLLECTIVE SELF-DEFENCE 200
The Theory of the Collective Right of Self-Defence 200
State Practice Prior to the Charter 207
a. The Monroe Doctrine 208
b. The British and Japanese Doctrines 212
The Charter and 'Collective Self-Defence' 215
a. Collective Self-Defence and Regional Arrangements 220
b. Treaty Arrangements Contemplating the Use of Force Without the Prior Authorization of a Competent Organ of the U.N. 224
(ⅰ) The Definition of the Casus Foederis 225
(ⅱ) The question of consistency with the Special Obligations imposed under Art. 233
(ⅲ) The Legal Character of the action contemplated under the Treaties 234
ⅩⅠ. SELF-DEFENCE AND AGGRESSION 249
The Purpose of the Definition of the Concepts of Aggression and Self-Defence 251
The Concept of Aggression 251
The Concept of Self-Defence 256
The Question of Responsibility 263
(ⅰ) Responsibility of States 263
(ⅱ) Responsibility of Individuals 266
ⅩⅡ. CONCLUSIONS 269
BIBLIOGRAPHY 276
INDEX 288