Description
Book SynopsisThis book examines a long-standing dispute regarding the prerequisite for the exercise of the right to self-defence and aims to offer a possible better alternatives for interpreting the significance of the precondition provided for in the Article 51 of the United Nations Charter, by taking a historical perspective on the development of that concept from the mid-19th century to 1945. The book defines the right of self-defence as understood in and before 1945, suggesting the typology which represents the strata of the concept. It will contribute to the current debate regarding the right of self-defence in contemporary international law, including that against terrorism, by providing a framework to analyse the state practice since 1945.
Table of ContentsContents Preface List of Abbreviations Introduction Part 1 Re-formation of Perspectives 1 Framework of the Conventional Debate A Bowett: Three Issues and One General Statement B Brownlie: Re-formulation of Bowett’s General Statement C Beyond the Framework of Debate Set by Brownlie 1 Influence of this Framework over Current Arguments 2 Beyond the Consensus Framework 2 Great Confusion over the Right of Self-Defence: The Caroline Incident Revisited A Divisions over the Caroline Incident B Background to the Divisions: The Necessity Doctrine and the Self-Defence Doctrine 1 Necessity Doctrine 2 Self-Defence Doctrine 3 Difference in the Function of the Right of Self-Defence C Differences in the Concepts: Self-preservation Doctrine 1 Self-preservation Doctrine 2 Limits of the Self-preservation Doctrine D Perspectives Part 2 Two Distinct Concepts 3 The Right of Self-Defence before World War i A State Practice 1 Justification for the Violation of the Territory of Another State 2 Justification for the Violation of the Flag-State Jurisdiction of Another State B Doctrine 1 Mid-19th Century 2 Late-19th Century and Later C Policing Concept of the Right of Self-Defence 4 The Right of Self-Defence as it Developed in the Inter-war Period A The Basic Function of Self-Defence: Resistance to Acts of Aggression 1 The Covenant of the League of Nations (1919) 2 The Protocol for the Pacific Settlement of International Disputes (1924) 3 Rhineland Pact (Locarno Treaties) (1925) 4 The Pact of Paris (1928) 5 Summary of Section A B Scope of the Inter-war Right 1 The Problem of Defining Aggression 2 The Existence of Limits: League of Nations Practice 110 3 Vague Boundaries 4 Precursor of Collective Self-Defence, and the Preconditions for Its Operation C Significance of the Inter-war Period’s Conception of Self-Defence: Self-Defence as Defensive War Part 3 The Pre-1945 Right of Self-Defence 5 The Relationship between the Two Conceptions of Self-Defence 141 A Coexistence of the Two Conceptions of the Right of Self-Defence 1 The Pact of Paris and Protection of Nationals Abroad 2 The League of Nations Codification Conference 3 The US-Mexico Mixed Claims Commission B The Relationship between the Two Conceptions of Self-Defence 1 The Right of Self-Defence in Customary International Law and Treaty Law 2 Violations of Territory and Resort to War 3 From Outlawry of War to Prohibition of the Use of Force C ‘Outlawry of War’ and the Two Conceptions of the Right of Self-Defence 6 The Right of Self-Defence in the Travaux Préparatoires of the United Nations Charter A Formulation of the Non-use of Force Principle 1 The Formulation Process 2 From the Moscow Declaration to the Dumbarton Oaks Proposals 3 Deliberations at the San Francisco Conference 4 Conclusions of Section A B The Perception of the Right of Self-Defence as Policing Measures 1 Internal Discussions of the us Department of State 2 From Dumbarton Oaks to San Francisco 3 Theoretical Status of the Policing Conception of Self-Defence C ‘Insertion’ of the Right of Self-Defence as Defensive War 1 From Dumbarton Oaks to San Francisco: The Two Contexts in Which the Right of Self-Defence was Discussed 2 The Birth of Article 51 3 Collective Self-Defence against Armed Attack and Individual Self-Defence against Aggression D The Meaning of the Right of Self-Defence in the Drafting Process of the un Charter Conclusion Bibliography Index
