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Necessity and the Use of Force: A Special Regime

Published online by Cambridge University Press:  09 May 2011

Nicholas Tsagourias
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Abstract

This chapter examines the relevance of the principle of necessity to the international rules on the use of force. It claims that necessity has been the source of the international rules on the use of force which as independent titles manifest themselves in institutional as well as in customary forms. It also claims that the use of force constitutes a special regime of international law which is distinct from the law of state responsibility with which it however interacts.

Keywords

Use of forcenecessityself-defencePre-emptive and preventive self-defenceHumanitarian interventionProtection of national abroadUnited Nations enforcement actionCustomary lawInternational responsibilityCircumstances precluding wrongfulnessJustifications
Type
Part I Articles: Necessity Across International Law
Information
Netherlands Yearbook of International Law , Volume 41 , December 2010 , pp. 11 - 44
Copyright
Copyright © T.M.C. Asser Instituut and the Authors 2010

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