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Proportionality in International Law de Michael Newton

Proportionality in International Law

Autor Michael Newton, Larry May
en Limba Engleză Paperback – 13 noi 2014
Proportionality is intimately linked to the overarching concepts of self-defense, lawful force, and the controlled application of violence. It is one of the most visible facets of humanitarian law designed to reduce unnecessary human suffering and avoid excessive damage to property, and the natural environment. However, its application has come under renewed scrutiny and sustained controversy as a result of wars against non-state actors and from the extensive use of drones, human shields, cyber war techniques, and counterinsurgency tactics. Proportionality in International Law critically assesses the law of proportionality in normative terms combining abstract philosophical and legal analysis with highly emotive contemporary combat cases. The principle of proportionality permits actions that are logically linked to the intended goal, and thus defines the permissible boundaries for the initiation and conduct of modern wars. The case studies discussed in this book are predominantly from the perspective of those who make decisions in the midst of armed conflict, bringing analytic rigor to the debates as well as sensitivity to facts on the ground. The authors analyze modern usages of proportionality across a wide range of contexts enabling a more complete comprehension of the values that it preserves. This book contrasts the applications of proportionality in both jus ad bellum (the law and morality of resort to force) and within jus in bello (the doctrines applicable for using force in the midst of conflicts). Proportionality in International Law provides the reader with a unique interdisciplinary approach, offering practitioners and policymakers alike greater clarity over how proportionality should be understood in theory and in practice.
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Specificații

ISBN-13: 9780199355051
ISBN-10: 0199355053
Pagini: 339
Dimensiuni: 155 x 231 x 23 mm
Greutate: 0.52 kg
Editura: Oxford University Press
Colecția OUP USA
Locul publicării:New York, United States

Recenzii

There are few topics in the law governing conflict more complicated and elusive than proportionality. Accomplished international lawyers struggle to grasp the important difference between application of the concept in the law of self-defense and international humanitarian law. Contemporary means and methods of warfare such as cyber-attack and the use of voluntary human shields have exacerbated the complexity modern decision-makers and warfighters face when addressing real-world proportionality issues. Professors Newton and May have skillfully teased apart international law's variants of proportionality in a manner that is both accessible and sophisticated. Of particular note is their interdisciplinary approach and use of real-world examples. I commend this work to scholars and practitioners alike.
Proportionality is a doctrine that every serious student of military force needs to study and understand. Its dynamics and tensions are remarkably consistent even as the specific details are so varied. Newton and May captured those issues superbly. Their organized and well-reasoned analysis gives this book an impressive depth of application and insight. Their conclusion that proportionality during armed conflicts is a unique usage highlights one of the enduring conundrums of our era. This book fills the current void with intellectual consistency. It contains an interdisciplinary discussion that will help practitioners apply the doctrine of proportionality in a manner consistent with the concerns of military commanders, and that also preserves lives.
Proportionality is a pervasive concept in modern law and philosophy. Newton and May confront the danger that familiarity with the term makes its use formulaic and often flawed. The authors' careful interdisciplinary approach dissects the myriad concerns related to the modern practice of proportionality, and provides an invaluable analytical template for decision-makers. This book should be required reading for any military expert, international judge, constitutional lawyer, human rights advocate, legislator, theologian, or philosopher who seeks to remain fully informed on the most important debates of our era.
There are few topics in the law governing conflict more complicated and elusive than proportionality. The authors have skillfully teased apart international law's variants of proportionality in a manner that is both accessible and sophisticated. Of particular note is their interdisciplinary approach and use of real-world examples. I recommend this work to scholars and practitioners alike.

Notă biografică

Michael Newton is Professor of the Practice of Law at Vanderbilt University Law School. He formerly taught at the United States Military Academy at West Point and at the Judge Advocate General's School and Center. Professor Newton has written extensively about use of force issues, international jurisprudence, and the enforcement of international law. His co-authored work, Enemy of the State: The Trial and Execution of Saddam Hussein (with Michael Scharf) won book-of-the-year honors from the American Section of International Association of Penal Law. He also won Article of Year honors in 2011 for his article entitled Evolving Equality: The Development of the International Defense Bar, published in the Stanford Journal of International Law.arry May is the W. Alton Jones Professor of Philosophy, Professor of Law, and Professor of Political Science at Vanderbilt University. He has published over thirty books, including book length studies of each of the fours crimes under the ICC's jurisdiction. His books have won awards in philosophy, law, and international relations. He has also published extensively on the history of the Just War tradition, especially on the work of Grotius and Hobbes.