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Author Mori, Tadashi, 1970- author

Title Origins of the right of self-defence in international law : from the Caroline Incident to the United Nations Charter / by Tadashi Mori ; Translated by Jonathan Bloch
Published Leiden ; Boston : Brill Nijhoff, [2018]
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Description 1 online resource
Series International law in Japanese perspective, 0929-7111 ; volume 12
International law in Japanese perspective ; v. 12. 0929-7111
Contents Intro; Origins of the Right of Self-Defence in International Law: From the Caroline Incident to the United Nations Charter; Copyright; Contents; 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
1 The Problem of Defining Aggression2 The Existence of Limits: League of Nations Practice; 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; 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
2 Justification for the Violation of the Flag-State Jurisdiction of Another StateB 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
3 The US-Mexico Mixed Claims CommissionB 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 Pr├ęparatoires 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
A Divisions over the Caroline IncidentB 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
Summary This book defines the right of self-defence as understood in and before 1945 and offers a possible better alternative for interpreting the significance of the precondition provided for in the Article 51 of the United Nations Charter.-- Provided by Publisher
Bibliography Includes bibliographical references and index
Notes Print version record and CIP data provided by publisher; resource not viewed
Subject United Nations. Charter.
Self-defense (International law) -- History.
Genre/Form History.
Form Electronic book
LC no. 2017052893
ISBN 9004355006 (electronic bk.)
9789004355002 (electronic bk.)
(hardback ;) (alk. paper)
Other Titles Jieiken no kis┼Ź. English