Ius Gentium: Comparative Perspectives on Law and Justice

The Inherent Right of Self-Defence in International Law

Authors: Alder, Murray Colin

  • Provides a rare and solid body of relevant materials and documents from the 15th century to 2010
  • Identifies and uses a new legal basis for reconciling the continuing scholarly conflict
  • Creates a definition of the legal commencement of an armed attack for the purpose of Article 51 of the U.N. Charter ​
see more benefits

Buy this book

eBook $119.00
price for USA (gross)
  • ISBN 978-94-007-4851-4
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $159.00
price for USA
  • ISBN 978-94-007-4850-7
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $159.00
price for USA
  • ISBN 978-94-017-8485-6
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

Determining the earliest point in time at which international law authorises a state to exercise its inherent right of self-defence is an issue which has been debated, but unsatisfactorily reasoned, by scholars and states since the 1960’s. Yet it remains arguably the most pressing question of law that faces the international community. This book unravels the legal and factual complications which have obscured the answer to this question. In contrast to most other works, it takes an historic approach by tracing the evolution of the rights, rules and principles of international law which have governed the use of force by states since the 16th century. Its emphasis on self-defence provides the reader with a new and complete understanding of how and why the international legal framework limits defensive force to repelling an imminent threat or use of offensive force which is directed at the territory of a state. 

Taking an historic approach enables this book to resurrect an understanding of the human defensive instinct which has guided the formation of the international law of self-defence. It also explains the true legal nature and scope of the inherent right of self-defence, of anticipatory self-defence and provides a definition of the legal commencement of an armed attack for the purpose of Article 51 of the Charter. Finally, the reader will receive a unique source of research materials and analysis of state practice and of scholarly works concerning self-defence and the use of force since the 16th century, which is suitable for all readers of international law around the world.

Reviews

From the book reviews:

“Murray Colin Alder’s The Inherent Right of Self-Defence in International Law is a very welcome addition to the canon of literature examining the right of self-defence in international law. The book is very well researched and contains a wealth of references to useful documents and other materials and resources. Moreover, it successfully presents a new and fresh way of approaching the understanding of Article 51 and the legal scope of the right of self-defence.” (Graham Melling, Journal on the Use of Force and International Law, Vol. 1 (1), August, 2014)

Table of contents (7 chapters)

  • The Use of Force Between States Before 1815 – The Sovereign Right to Use War

    Alder, Murray Colin

    Pages 1-23

  • The Use of Force Between States – 1815 to 1914

    Alder, Murray Colin

    Pages 25-44

  • The Use Force Between States – 1919 to 1939

    Alder, Murray Colin

    Pages 45-69

  • Charter of the United Nations 1945

    Alder, Murray Colin

    Pages 71-90

  • The Existing Scholarly Debate and Judicial Developments in Self-Defence After 1945

    Alder, Murray Colin

    Pages 91-124

Buy this book

eBook $119.00
price for USA (gross)
  • ISBN 978-94-007-4851-4
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $159.00
price for USA
  • ISBN 978-94-007-4850-7
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $159.00
price for USA
  • ISBN 978-94-017-8485-6
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Loading...

Recommended for you

Loading...

Bibliographic Information

Bibliographic Information
Book Title
The Inherent Right of Self-Defence in International Law
Authors
Series Title
Ius Gentium: Comparative Perspectives on Law and Justice
Series Volume
19
Copyright
2013
Publisher
Springer Netherlands
Copyright Holder
Springer Science+Business Media Dordrecht.
eBook ISBN
978-94-007-4851-4
DOI
10.1007/978-94-007-4851-4
Hardcover ISBN
978-94-007-4850-7
Softcover ISBN
978-94-017-8485-6
Series ISSN
1534-6781
Edition Number
1
Number of Pages
XVIII, 222
Topics