{"product_id":"origins-of-the-right-of-self-defence-in-international-law-from-the-caroline-incident-to-the-united-nations-charter-9789004354975","title":"Origins of the Right of Self-Defence in International Law: From the Caroline Incident to the United Nations Charter","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eThis 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.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eContents  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","brand":"Brill","offers":[{"title":"Default Title","offer_id":53210739736919,"sku":"9789004354975","price":155.2,"currency_code":"GBP","in_stock":false}],"url":"https:\/\/bookcurl.com\/products\/origins-of-the-right-of-self-defence-in-international-law-from-the-caroline-incident-to-the-united-nations-charter-9789004354975","provider":"Book Curl","version":"1.0","type":"link"}