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Record Nr. |
UNINA9910824493303321 |
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Autore |
Newton Michael A. <1962-> |
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Titolo |
Proportionality in international law / / Michael Newton, Larry May |
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Pubbl/distr/stampa |
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New York : , : Oxford University Press, , 2014 |
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©2014 |
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ISBN |
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0-19-935505-3 |
0-19-935504-5 |
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Descrizione fisica |
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1 online resource (354 p.) |
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Disciplina |
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Soggetti |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Note generali |
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Description based upon print version of record. |
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Nota di bibliografia |
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Includes bibliographical references and index. |
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Nota di contenuto |
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Cover; Proportionality in International Law; Copyright; Contents; 1 Introduction; I. A Preliminary Understanding of Jus in Bello Proportionality; II. An Example of Friendly Fire between the United States and Pakistan; III. Some Preliminary Directions; 2 What is Proportionality?; I. What is Proportionality at its Most Basic?; II. Comparability and Context; III. Proportionality at the International Criminal Court and Protocol I; IV. Some Additional Examples; V. Proportionality's Paradox: Fixed Standards Assessments Reached Subjectively; 3 Proportionality: A Multiplicity of Meanings |
I. The Limits of Lawful GovernanceII. The Limits of Lawful State Punishment; III. The Regulation of Investor-State Interests; IV. Maritime Delimitation; V. The Law of Countermeasures in Trade; VI. State-Imposed Restraints on Human Rights; 4 Proportionality in the Just War Tradition; I. Jus Ad Bellum Proportionality; II. Jus in Bello Proportionality; III. Jus Post Bellum Proportionality; IV. The Three Just War Proportionality Principles; V. Significance for International Law; 5 Proportionality in International Humanitarian Law; I. Framing the Jus in Bello and Jus ad Bellum Legal Debates |
II. The Origins of Jus in Bello ProportionalityIII. Proportionality and Professionalization; IV. The Emergence of Proportionality in Treaty Law; V. The Lieber Code and Additional Protocol I; VI. The International Criminal Court Framing of the Crime of Disproportionate Attacks; 6 Proportionality in Human Rights Law and Morality; I. Humanitarian Law |
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and Human Rights Law; II. Worries about Applying Human Rights Law to Armed Conflict; III. Just War Theory and Human Rights; IV. Lex Specialis and Forfeitures; V. Necessity's Relation to Proportionality; VI. The Crime of Disproportionate Attack |
7 The Uniqueness of Jus in Bello ProportionalityI. Suitability, Necessity, and Proportionality; II. Commonalities among Different Uses of Proportionality; A. The Pervasive Use of Negative Phraseology; B. Breadth of Permissible Discretion; C. What Proportionality is Not26; III. What is the Positive Role of Proportionality?; A. The Articulation of Cardinal Values; B. The Preservation of Space for Second Opinions Reevaluating Discretionary Acts; C. The Establishment of a Framework for Interrelation; IV. Why Jus in Bello Proportionality is Unique; A. The Context of Armed Conflict |
B. The Attribution of ActsC. The Permissive Nature of the Jus in Bello Regime; 8 Countermeasures and Counterinsurgency; I. Proportionate Countermeasures; II. Examples of Difficult Counterinsurgency Cases; 9 Human Shields and Risk; I. Forced Choices; II. International Law and Human Shields; III. Voluntary Human Shields; IV. Involuntary Human Shields; V. Risk and Concern about Civilians; VI. Adjusting the Rules of War so as Not to Favor Oppressors; 10 Targeted Killings and Proportionality in Law: Two Models; I. The Drone Strikes Controversy |
II. Status and Conduct: International Humanitarian Law and Domestic Law Enforcement |
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Sommario/riassunto |
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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 asses |
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