The Right of Necessity

The Right of Necessity
Author: Alejandra Mancilla
Publisher: Rowman & Littlefield
Total Pages: 140
Release: 2016-08-19
Genre: Philosophy
ISBN: 1783485876

What does the basic right to subsistence allow its holders to do for themselves when it goes unfulfilled? This book guides the reader through the morality of infringing property rights for subsistence, in a global context.

Necessity and Proportionality and the Right of Self-Defence in International Law

Necessity and Proportionality and the Right of Self-Defence in International Law
Author: Chris O'Meara
Publisher: Oxford University Press
Total Pages: 289
Release: 2021-03-11
Genre: Law
ISBN: 0192608568

States invariably justify using force extraterritorially by reference to their right of self-defence. In doing so, they accept that the exercise of this right is conditioned by the customary international law requirements of necessity and proportionality. However, these requirements are notorious for being normatively indeterminate and operationally complex. As a breach of either requirement renders ostensibly defensive action unlawful, increased determinacy regarding their scope and substance is crucial to how international law constrains military force. This book examines the conceptual meaning, content, and practical application of necessity and proportionality as they relate to the right of self-defence following the adoption of the UN Charter in 1945. It provides a coherent and up-to-date description of the applicable contemporary international law and proposes an analytical framework to guide its operation and appraisal. This book argues that necessity and proportionality are conceptually distinct and must be applied in the foregoing order to avoid an insufficient 'catch-all' description of legality or illegality. Necessity determines whether defensive force may be used to respond to an armed attack and where it must be directed. Proportionality governs how much total force is permissible and prohibits excessive responses. Both requirements are shown to apply on an ongoing basis throughout the duration of an armed conflict prompted by self-defence. Compliance with necessity and proportionality ensures that the purposes of self-defence are met, and nothing more, and that defensive force is not unduly disruptive to third party interests and to international peace and security.

The Right of Necessity

The Right of Necessity
Author: Alejandra Mancilla
Publisher: Office the Fence: Morality, Politics and Society
Total Pages: 0
Release: 2016
Genre: Basic needs
ISBN: 9781783485857

What does the basic right to subsistence allow its holders to do for themselves when it goes unfulfilled? This book guides the reader through the morality of infringing property rights for subsistence, in a global context.

Necessity and National Emergency Clauses

Necessity and National Emergency Clauses
Author: Diane A. Desierto
Publisher: Martinus Nijhoff Publishers
Total Pages: 433
Release: 2012-01-05
Genre: Political Science
ISBN: 9004218521

Unveiling the complex dynamic between State sovereignty and necessity doctrine as historically practiced in international political relations, this book proposes analytical criteria to assess the lawfulness and legitimacy of interpretations of necessity and national emergency clauses in specialized treaty regimes.

Self-Defense, Necessity, and Punishment

Self-Defense, Necessity, and Punishment
Author: Uwe Steinhoff
Publisher: Routledge
Total Pages: 408
Release: 2019-10-08
Genre: Philosophy
ISBN: 1000727475

This book offers a philosophical analysis of the moral and legal justifications for the use of force. While the book focuses on the ethics self-defense, it also explores its relation to lesser evil justifications, public authority, the justification of punishment, and the ethics of war. Steinhoff’s account of the moral use of force covers a wide range of topics, including the nature of justification in general, the precise elements of different justifications, the logic of claim- and liberty-rights and of rights forfeiture, the value of human life and its limits, and the principles of reciprocity and precaution. While the author’s analysis is primarily philosophical, it is informed by a metaethical stance that also places heavy emphasis on existing law and legal scholarship. In doing so, the book appeals to widely shared moral intuitions, precepts, and concepts grounded in criminal law. Self-Defense, Necessity, and Punishment offers the most comprehensive and systematic account of the ethics of self-defense. It will be of interest to scholars and graduate students working in applied ethics and moral philosophy, philosophy of law, and political philosophy.

Military Necessity in International Cultural Heritage Law

Military Necessity in International Cultural Heritage Law
Author: Berenika Drazewska
Publisher: BRILL
Total Pages: 391
Release: 2021-12-13
Genre: Law
ISBN: 9004432566

Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.

The Nature of Necessity

The Nature of Necessity
Author: Alvin Plantinga
Publisher: Clarendon Press
Total Pages: 266
Release: 1978-02-01
Genre: Philosophy
ISBN: 0191037176

This is a reissue of a book which is an exploration and defence of the notion of modality 'de re', the idea that objects have both essential and accidental properties. It is one of the first full-length studies of the modalities to emerge from the debate to which Saul Kripke, David Lewis, Ruth Marcus and others have contributed. The argument is developed by means of the notion of possible worlds, and ranges over key problems including the nature of essence, trans-world identity, negative existential propositions, and the existence of unactual objects in other possible worlds. In the final chapters Professor Plantinga applies his logical theories to the clarification of two problems in the philosophy of religion - the Problem of Evil and the Ontological Argument.

The Politics of Necessity

The Politics of Necessity
Author: Elke Zuern
Publisher: Univ of Wisconsin Press
Total Pages: 264
Release: 2011-02-12
Genre: History
ISBN: 029925013X

The end of apartheid in South Africa broke down political barriers, extending to all races the formal rights of citizenship, including the right to participate in free elections and parliamentary democracy. But South Africa remains one of the most economically polarized nations in the world. In The Politics of Necessity Elke Zuern forcefully argues that working toward greater socio-economic equality—access to food, housing, land, jobs—is crucial to achieving a successful and sustainable democracy. Drawing on interviews with local residents and activists in South Africa’s impoverished townships during more than a decade of dramatic political change, Zuern tracks the development of community organizing and reveals the shifting challenges faced by poor citizens. Under apartheid, township residents began organizing to press the government to address the basic material necessities of the poor and expanded their demands to include full civil and political rights. While the movement succeeded in gaining formal political rights, democratization led to a new government that instituted neo-liberal economic reforms and sought to minimize protest. In discouraging dissent and failing to reduce economic inequality, South Africa’s new democracy has continued to disempower the poor. By comparing movements in South Africa to those in other African and Latin American states, this book identifies profound challenges to democratization. Zuern asserts the fundamental indivisibility of all human rights, showing how protest movements that call attention to socio-economic demands, though often labeled a threat to democracy, offer significant opportunities for modern democracies to evolve into systems of rule that empower all citizens.

Necessity in International Law

Necessity in International Law
Author: Jens David Ohlin
Publisher: Oxford University Press
Total Pages: 297
Release: 2016-09-08
Genre: Law
ISBN: 0190622954

Necessity is a notoriously dangerous and slippery concept-dangerous because it contemplates virtually unrestrained killing in warfare and slippery when used in conflicting ways in different areas of international law. Jens David Ohlin and Larry May untangle these confusing strands and perform a descriptive mapping of the ways that necessity operates in legal and philosophical arguments in jus ad bellum, jus in bello, human rights, and criminal law. Although the term "necessity" is ever-present in discussions regarding the law and ethics of killing, its meaning changes subtly depending on the context. It is sometimes an exception, at other times a constraint on government action, and most frequently a broad license in war that countenances the wholesale killing of enemy soldiers in battle. Is this legal status quo in war morally acceptable? Ohlin and May offer a normative and philosophical critique of international law's prevailing notion of jus in bello necessity and suggest ways that killing in warfare could be made more humane-not just against civilians but soldiers as well. Along the way, the authors apply their analysis to modern asymmetric conflicts with non-state actors and the military techniques most likely to be used against them. Presenting a rich tapestry of arguments from both contemporary and historical Just War theory, Necessity in International Law is the first full-length study of necessity as a legal and philosophical concept in international affairs.

Necessity, Proportionality and the Use of Force by States

Necessity, Proportionality and the Use of Force by States
Author: Judith Gardam
Publisher: Cambridge University Press
Total Pages: 288
Release: 2004-11-18
Genre: Law
ISBN: 1139456172

There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.