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Full-Text Articles in Law
Iraq And The "Fog Of Law", John F. Murphy
Iraq And The "Fog Of Law", John F. Murphy
International Law Studies
No abstract provided.
Terrorism And The Right Of Self-Defence: Rethinking Of Legal And Policy Issues, Abdul Ghafur Hamid Dr.
Terrorism And The Right Of Self-Defence: Rethinking Of Legal And Policy Issues, Abdul Ghafur Hamid Dr.
Abdul Ghafur Hamid Dr.
Self-defence has long been understood as a right applicable only in an inter-State armed conflict. After September 11, however, there have been attempts to widen the scope of self defence to include attacks by terrorists - non-State actors. This paper reappraises the legal and policy considerations that promote a right of self-defence against terrorists, or against States havouring terrorists. The paper advocates three main arguments: (1) that ‘armed attack’ as required under Article 51 must come from a State or at least the attack must be attributable to the State to the extent that it is taken as the act …
Fictitious States, Effective Control, And The Use Of Force, Brian C. Finucane
Fictitious States, Effective Control, And The Use Of Force, Brian C. Finucane
Brian C Finucane
This Article examines the security threat posed by “fictitious” states and non-state actors as well as the legal regime governing military responses to this threat. As the Article explains, many of the world’s states are legal fictions because they lack the key feature of statehood in international law: the effective control of their nominal populations and territories. Although the problem is most vividly illustrated by the United States’ ongoing conflict with Al Qa’ida in Pakistan, Yemen and Somalia, the problem is far broader. In fact effective states which control all of their territory and population are in fact anomalous. As …
Germany's Basic Law And The Use Of Force, Russell A. Miller
Germany's Basic Law And The Use Of Force, Russell A. Miller
Scholarly Articles
The German Basic Law's Regime for the use of force is evidence of and an explanation for the deep difference between Germany and the United States on security matters. It also might say something more grand about the power of law to constrain force.
Submission On International Law, Reuven (Ruvi) Ziegler
Submission On International Law, Reuven (Ruvi) Ziegler
Dr. Reuven (Ruvi) Ziegler
A collaborative submission prepared by six post-graduate students in international law at the University of Oxford, Patricia Jimenez Kwast, Ernesto Féliz, Lawrence Hill-Cawthorne, Travers Mcleod, Ruvi Ziegler and Miles Jackson, under the supervision of Professor Vaughan Lowe and the OPBP committee.