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  • 1
    Online Resource
    Online Resource
    2020
    ISBN: 9781108807050  ISBN: 9781108479868 (hardback)  ISBN: 9781108790888 (paperback) 
    Title: Unilateral remedies to cyber operations
    Subtitle: self-defence, countermeasures, necessity, and the question of attribution
    Publisher(s): Cambridge University Press
    Year of publication: 2020
    Document type: Online Resource
    Physical description: 1 online resource (xi, 325 pages)
    ISBN: 9781108807050 , 9781108479868 (hardback) , 9781108790888 (paperback)
    Terms of use: Vorläufiger Zugriff bis zum Jahresende
    Abstract: Addressing both scholars of international law and political science as well as decision makers involved in cybersecurity policy, the book tackles the most important and intricate legal issues that a state faces when considering a reaction to a malicious cyber operation conducted by an adversarial state. While often invoked in political debates and widely analysed in international legal scholarship, self-defence and countermeasures will often remain unavailable to states in situations of cyber emergency due to the pervasive problem of reliable and timely attribution of cyber operations to state actors. Analysing the legal questions surrounding attribution in detail, the book presents the necessity defence as an evidently available alternative. However, the shortcomings of the doctrine as based in customary international law that render it problematic as a remedy for states are examined in-depth. In light of this, the book concludes by outlining a special emergency regime for cyberspace
    Link(s): Fulltext
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  • 2
    Online Resource
    Online Resource
    2019
    ISBN: 9780190872076 
    Person(s): Walen, Alec
    Title: The mechanics of claims and permissible killing in war
    Publisher(s): Oxford University Press
    Year of publication: 2019
    Document type: Online Resource
    ISBN: 9780190872076
    Terms of use: Vorläufiger Zugriff bis zum Jahresende
    Terms of use: Previously issued in print: 2019
    Abstract: This text operates on two levels. On the more practical level, its overarching concern is to answer the question, When is it permissible to use lethal force to defend people against threats? The deeper concern of the work, however, is to lay out and defend a new account of rights, the mechanics of claims. This framework constructs rights from the premise that rights provide a normative space in which people can pursue their own ends while treating each other as free and equal fellow-agents whose welfare morally matters
    Link(s): Fulltext
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  • 3
    Online Resource
    Online Resource
    2019
    ISBN: 9781108120173  ISBN: 9781107190740 (hardback)  ISBN: 9781316641125 (paperback) 
    Title: Self-defence against non-state actors
    Publisher(s): Cambridge University Press
    Year of publication: 2019
    Document type: Online Resource
    Physical description: 1 online resource (xxv, 285 pages)
    ISBN: 9781108120173 , 9781107190740 (hardback) , 9781316641125 (paperback)
    Terms of use: Vorläufiger Zugriff bis zum Jahresende
    Abstract: 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
    Link(s): Fulltext
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  • 4
    Online Resource
    Online Resource
    2019
    ISBN: 978-0-19-087207-6 
    Person(s): Walen, Alec D.
    Title: The mechanics of claims and permissible killing in war
    Publisher(s): New York, NY : Oxford University Press
    Document type: Online Resource
    Physical description: 1 Online-Ressource (xvii, 242 Seiten) Illustrationen
    Collective title(s): Oxford scholarship online
    ISBN: 978-0-19-087207-6
    Identifier: 10.1093/oso/9780190872045.001.0001
    Parallel edition(s): Erscheint auch als: Walen, Alec D.: The mechanics of claims and permissible killing in war: Druck-Ausgabe: 978-0-19-087204-5
    Abstract: This text operates on two levels. On the more practical level, its overarching concern is to answer the question, When is it permissible to use lethal force to defend people against threats? The deeper concern of the work, however, is to lay out and defend a new account of rights, the mechanics of claims. This framework constructs rights from the premise that rights provide a normative space in which people can pursue their own ends while treating each other as free and equal fellow-agents whose welfare morally matters.
    Link(s): Fulltext
    Link(s): Fulltext
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  • 5
    Online Resource
    Online Resource
    2018
    ISBN: 9789004355002 
    Person(s): Mori, Tadashi
    Title: Origins of the right of self-defence in international law
    Subtitle: from the Caroline Incident to the United Nations Charter
    Publisher(s): Brill Nijhoff
    Year of publication: 2018
    Document type: Online Resource
    ISBN: 9789004355002
    Terms of use: Vorläufiger Zugriff bis Ende Mai 2021
    Abstract: This 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
    Link(s): Fulltext
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  • 6
    Online Resource
    Online Resource
    2018
    ISBN: 9781139567565  ISBN: 9781107036345 (hardback)  ISBN: 9781107692008 (paperback) 
    Title: The use of force and international law
    Publisher(s): Cambridge University Press
    Year of publication: 2018
    Document type: Online Resource
    Physical description: 1 online resource (xi, 428 pages)
    ISBN: 9781139567565 , 9781107036345 (hardback) , 9781107692008 (paperback)
    Terms of use: Vorläufiger Zugriff bis zum Jahresende
    Abstract: The Use of Force and International Law offers an authoritative overview of international law governing the resort to force. Looking through the prism of the contemporary challenges that this area of international law faces, including technology, sovereignty, actors, compliance and enforcement, this book addresses key aspects of international law in this area: the general breadth and scope of the prohibition of force, what is meant by 'force', the use of force through the UN and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, forcible intervention in civil conflicts, the controversial doctrine of humanitarian intervention. Suitable for advanced undergraduate and postgraduate students, academics and practitioners, The Use of Force and International Law offers a contemporary, comprehensive and accessible treatment of the subject
    Link(s): Fulltext
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  • 7
    Online Resource
    Online Resource
    2018
    ISBN: 9781316226841  ISBN: 9781107106208 (hardback)  ISBN: 9781107513990 (paperback) 
    Title: Justification and excuse in international law
    Subtitle: concept and theory of general defences
    Publisher(s): Cambridge University Press
    Year of publication: 2018
    Document type: Online Resource
    Physical description: 1 online resource (xliv, 556 pages)
    ISBN: 9781316226841 , 9781107106208 (hardback) , 9781107513990 (paperback)
    Terms of use: Vorläufiger Zugriff bis zum Jahresende
    Abstract: The defences available to an agent accused of wrongdoing can be considered as justifications (which render acts lawful) or excuses (which shield the agent from the legal consequences of the wrongful act). This distinction is familiar to many domestic legal systems, and tracks analogous notions in moral philosophy and ordinary language. Nevertheless, it remains contested in some domestic jurisdictions where it is often argued that the distinction is purely theoretical and has no consequences in practice. In international law too the distinction has been fraught with controversy, though there are increasing calls for its recognition. This book is the first to comprehensively and thoroughly examine the distinction and its relevance to the international legal order. Combining an analysis of State practice, historical, doctrinal and theoretical developments, the book shows that the distinction is not only possible in international law but that it is also one that would have important practical implications
    Link(s): Fulltext
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  • 8
    Online Resource
    Online Resource
    2018
    ISBN: 9780190881177 
    Person(s): Beer, Yishai
    Title: Military professionalism and humanitarian law
    Subtitle: the struggle to reduce the hazards of war
    Publisher(s): Oxford University Press
    Year of publication: 2018
    Document type: Online Resource
    ISBN: 9780190881177
    Terms of use: Vorläufiger Zugriff bis zum Jahresende
    Terms of use: Previously issued in print: 2018
    Abstract: This work challenges the unacceptable gap between the positive rules of the international law governing armed hostilities and actual state practice. It discusses reducing the human suffering caused by this reality. The text offers a new paradigm based on reality that may elevate the humanitarian threshold by replacing the currently problematic imperatives imposed upon militaries with professionally-based, attainable requirements
    Link(s): Fulltext
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  • 9
    Title: Who should die?
    Subtitle: the ethics of killing in war
    Publisher(s): New York, NY : Oxford University Press
    Document type: Book
    Physical description: xiv, 237 Seiten 24 cm
    ISBN: 978-0-19-049565-7
    Classification (DDC): Politische Ethik
    Classification (RVK):
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  • 10
    Book
    Book
    First published in paperback 2018
    ISBN: 978-0-19-882245-5 
    Title: Defensive killing
    Edition: First published in paperback
    Publisher(s): Oxford : Oxford University Press
    Document type: Book
    Physical description: xii, 227 Seiten 24 cm
    ISBN: 978-0-19-882245-5
    Footnote: Includes bibliographical references and index
    Classification (DDC): Politische Ethik
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