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The Right of Necessity

The Right of Necessity PDF Author: Alejandra Mancilla
Publisher: Rowman & Littlefield
ISBN: 1783485876
Category : Philosophy
Languages : en
Pages : 140

Book Description
What does the basic right to subsistence allow its holders to do for themselves when it goes unfulfilled? This book guides the reader through the morality of infringing property rights for subsistence, in a global context.

The Right of Necessity

The Right of Necessity PDF Author: Alejandra Mancilla
Publisher: Rowman & Littlefield
ISBN: 1783485876
Category : Philosophy
Languages : en
Pages : 140

Book Description
What does the basic right to subsistence allow its holders to do for themselves when it goes unfulfilled? This book guides the reader through the morality of infringing property rights for subsistence, in a global context.

Necessity and Proportionality and the Right of Self-Defence in International Law

Necessity and Proportionality and the Right of Self-Defence in International Law PDF Author: Chris O'Meara
Publisher: Oxford University Press
ISBN: 0192608568
Category : Law
Languages : en
Pages : 289

Book Description
States invariably justify using force extraterritorially by reference to their right of self-defence. In doing so, they accept that the exercise of this right is conditioned by the customary international law requirements of necessity and proportionality. However, these requirements are notorious for being normatively indeterminate and operationally complex. As a breach of either requirement renders ostensibly defensive action unlawful, increased determinacy regarding their scope and substance is crucial to how international law constrains military force. This book examines the conceptual meaning, content, and practical application of necessity and proportionality as they relate to the right of self-defence following the adoption of the UN Charter in 1945. It provides a coherent and up-to-date description of the applicable contemporary international law and proposes an analytical framework to guide its operation and appraisal. This book argues that necessity and proportionality are conceptually distinct and must be applied in the foregoing order to avoid an insufficient 'catch-all' description of legality or illegality. Necessity determines whether defensive force may be used to respond to an armed attack and where it must be directed. Proportionality governs how much total force is permissible and prohibits excessive responses. Both requirements are shown to apply on an ongoing basis throughout the duration of an armed conflict prompted by self-defence. Compliance with necessity and proportionality ensures that the purposes of self-defence are met, and nothing more, and that defensive force is not unduly disruptive to third party interests and to international peace and security.

A Treatise on the Law of Easements

A Treatise on the Law of Easements PDF Author: Leonard Augustus Jones
Publisher:
ISBN:
Category : Servitudes
Languages : en
Pages : 838

Book Description


Freedom and Necessity

Freedom and Necessity PDF Author: Steven Brust
Publisher: Macmillan
ISBN: 9780765316806
Category : Fiction
Languages : en
Pages : 456

Book Description
If you liked Susanna Clarke's Jonathan Strange & Mr Norrell-or Christopher Priest's The Prestige-or Iain Pears' An Instance of the Fingerpost-here is a classic of magic-tinged adventure you may have missed.

Military Necessity in International Cultural Heritage Law

Military Necessity in International Cultural Heritage Law PDF Author: Berenika Drazewska
Publisher: BRILL
ISBN: 9004432566
Category : Law
Languages : en
Pages : 391

Book Description
Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.

The Law of Duress and Necessity

The Law of Duress and Necessity PDF Author: Nathan Tamblyn
Publisher: Routledge
ISBN: 9781138297999
Category : Coercion
Languages : en
Pages : 0

Book Description
Tort : intimidation and duress by threats -- Contract : necessity and unconscionable bargain -- Contract : duress -- Tort and crime : necessity -- Criminal law : duress

Necessity in International Law

Necessity in International Law PDF Author: Jens David Ohlin
Publisher: Oxford University Press
ISBN: 0190622954
Category : Law
Languages : en
Pages : 216

Book Description
Necessity is a notoriously dangerous and slippery concept-dangerous because it contemplates virtually unrestrained killing in warfare and slippery when used in conflicting ways in different areas of international law. Jens David Ohlin and Larry May untangle these confusing strands and perform a descriptive mapping of the ways that necessity operates in legal and philosophical arguments in jus ad bellum, jus in bello, human rights, and criminal law. Although the term "necessity" is ever-present in discussions regarding the law and ethics of killing, its meaning changes subtly depending on the context. It is sometimes an exception, at other times a constraint on government action, and most frequently a broad license in war that countenances the wholesale killing of enemy soldiers in battle. Is this legal status quo in war morally acceptable? Ohlin and May offer a normative and philosophical critique of international law's prevailing notion of jus in bello necessity and suggest ways that killing in warfare could be made more humane-not just against civilians but soldiers as well. Along the way, the authors apply their analysis to modern asymmetric conflicts with non-state actors and the military techniques most likely to be used against them. Presenting a rich tapestry of arguments from both contemporary and historical Just War theory, Necessity in International Law is the first full-length study of necessity as a legal and philosophical concept in international affairs.

Rights at the Margins

Rights at the Margins PDF Author: Virpi Mäkinen
Publisher: BRILL
ISBN: 9004431535
Category : History
Languages : en
Pages : 277

Book Description
Rights at the Margins explores the ways rights were available to those on the margins and their relationship with social justice in medieval and early modern thought. It also elaborates the relevance of some historical ideas in the contemporary context.

Freedom, Culture, and the Right to Exclude

Freedom, Culture, and the Right to Exclude PDF Author: Uwe Steinhoff
Publisher: Routledge
ISBN: 1000568210
Category : Philosophy
Languages : en
Pages : 227

Book Description
This book argues that citizens have a moral right to decide by which criteria they grant migrants citizenship, as well as to control access to their territory in the first place. In developing and defending this argument, it critically engages numerous objections, thus providing the reader with a thorough overview of the current debate on the ethics of immigration and exclusion. The author’s argument is based on a straightforwardly individualist and liberal starting point. One of the rights granted by liberalism is freedom of association, which also comprises the right not to associate with people with whom one does not want to associate. While this is an individual right, it can be exercised collectively like many other individual rights. Thus, people can decide to collectively organize into an association pursuing certain goals; and subject to certain provisos, this gives rise to legitimate claims to space and territory in which they pursue these goals. The author shows that this right is far-reaching and robust, which entails an equally far-reaching and robust right to exclude. Moreover, he demonstrates that large-scale immigration from illiberal cultures tends to severely compromise the way of life, the values, and the institutions of liberal democracies in ways routinely ignored by apologists for multiculturalism. Freedom, Culture, and the Right to Exclude will be of interest to scholars and advanced students working in applied ethics, political philosophy, political theory, and law.

Freedom and Necessity

Freedom and Necessity PDF Author: Joan Robinson
Publisher: Routledge
ISBN: 1315439026
Category : Business & Economics
Languages : en
Pages : 148

Book Description
Originally published in 1970, this book examines the origins of social organizations, the development of Robinson Crusoe economies and the conception of property or rightful ownership, as well as the origins of agriculture, race and class. Discussing commerce and the nation state, capitalist expansion and war between industrial power, the book is a concise yet comprehensive survey of the evolution of the structures of the world’s economies and of the ideas which underlie them.