《SELF DEFENSE IN INTERNATIONAL LAW》PDF下载

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  • 作  者:D.E.BOWETT
  • 出 版 社:LTD
  • 出版年份:2010
  • ISBN:1584778555
  • 页数:294 页
图书介绍:

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