Self-Defence against Non-State Actors: Volume 1

ISBN-13: 9781107190740 / Angielski / Twarda / 2019 / 310 str.

Indiana) Mary Ellen O'Connell (University of Notre Dame;Christian J. Tams (University of Glasgow);Dire Tladi (University of Pretoria)

Opis

In this book, self-defence against non-state actors is examined by three scholars whose geographical, professional, theoretical, and methodological backgrounds and outlooks differ greatly. Their trialogue is framed by an introduction and a conclusion by the series editors. The novel scholarly format accommodates the pluralism and value changes of the current era, a shifting world order and the rise in nationalism and populism. It brings to light the cultural, professional and political pluralism which characterises international legal scholarship and exploits this pluralism as a heuristic device. This multiperspectivism exposes how political factors and intellectual styles influence the scholarly approaches and legal answers and the trialogical structure encourages its participants to decentre their perspectives. By explicitly focussing on the authors' divergence and disagreement, a richer understanding of self-defence against non-state actors is achieved, and the legal challenges and possible ways ahead identified.

Spis treści

Introduction to the series: trialogical international law Anne Peters; Introduction: dilution of self-defence and its discontents Anne Peters and Christian Marxsen; 1. The use of force in self-defence against non-state actors, decline of collective security and the rise of unilateralism: whither international law? Dire Tladi; 2. Self-defence against non-state actors: making sense of the 'armed attack' requirement Christian J. Tams; 3. Self-defence, pernicious doctrines, peremptory norms Mary Ellen O'Connell; Conclusion: self-defence against non-state actors – the way ahead Christian Marxsen and Anne Peters.