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Self-Defence against Non-State Actors

Volume 1


Part of Max Planck Trialogues

Anne Peter, Christian Marxsen, Dire Tladi, Christian J. Tams, Mary Ellen O'Connell
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  • Date Published: August 2019
  • availability: In stock
  • format: Paperback
  • isbn: 9781316641125

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About the Authors
  • In this book, self-defence against non-state actors is examined by three scholars whose geographical, professional, theoretical, and methodological backgrounds and outlooks differ greatly. Their trialogue is framed by an introduction and a conclusion by the series editors. The novel scholarly format accommodates the pluralism and value changes of the current era, a shifting world order and the rise in nationalism and populism. It brings to light the cultural, professional and political pluralism which characterises international legal scholarship and exploits this pluralism as a heuristic device. This multiperspectivism exposes how political factors and intellectual styles influence the scholarly approaches and legal answers and the trialogical structure encourages its participants to decentre their perspectives. By explicitly focussing on the authors' divergence and disagreement, a richer understanding of self-defence against non-state actors is achieved, and the legal challenges and possible ways ahead identified.

    • Provides a comprehensive study of the legal problems of self-defence against non-State actors and looks into the current state of the law, open legal issues and legal challenges
    • Provides a multi-perspective approach to the topic that focuses on divergence and disagreement and contributes to a richer understanding of self-defence
    • Identifies the open legal issues that warrant further academic reflection and provides clarification in a complex and multi-layered legal debate
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    Product details

    • Date Published: August 2019
    • format: Paperback
    • isbn: 9781316641125
    • length: 310 pages
    • dimensions: 228 x 151 x 17 mm
    • weight: 0.47kg
    • availability: In stock
  • Table of Contents

    Introduction to the series: trialogical international law Anne Peters
    Introduction: dilution of self-defence and its discontents Anne Peters and Christian Marxsen
    1. The use of force in self-defence against non-state actors, decline of collective security and the rise of unilateralism: whither international law? Dire Tladi
    2. Self-defence against non-state actors: making sense of the 'armed attack' requirement Christian J. Tams
    3. Self-defence, pernicious doctrines, peremptory norms Mary Ellen O'Connell
    Conclusion: self-defence against non-state actors – the way ahead Christian Marxsen and Anne Peters.

  • Authors

    Mary Ellen O'Connell, University of Notre Dame, Indiana
    Mary Ellen O'Connell is the Robert and Marion Short Professor of Law and is Research Professor of International Dispute Resolution – Kroc Institute for International Peace Studies, University of Notre Dame, Indiana. She was previously a vice president of the American Society of International Law and chaired the Use of Force Committee of the International Law Association. She has also practised law with the Washington, DC-based law firm, Covington & Burling.

    Christian J. Tams, University of Glasgow
    Christian J. Tams is Professor of International Law at the University of Glasgow, where he directs the Research Group on International Law, Conflict and Security. His academic work focuses on the use of force, investment law and international courts and tribunals. In addition to his academic work, Professor Tams regularly advises states and other actors in matters of international law, recently acting in proceedings before the International Court of Justice, the International Tribunal for the Law of the Sea, the Iran-US Claims Tribunal, as well as arbitral tribunals (ICSID, ICC).

    Dire Tladi, University of Pretoria
    Dire Tladi is a Professor of International Law at the University of Pretoria. He is a member of the UN International Law Commission and is Special Rapporteur on Peremptory Norms of General International Law (Jus Cogens) and of the Institute de Droit International. He is former Deputy Legal Adviser of the South Africa Department of Foreign Affairs and previously legal adviser to the South African Mission to the United Nations in New York, including during its 2011–2012 tenure on the UN Security Council. He also served as Special Adviser to the South African Foreign Minister.


    Anne Peter, Christian Marxsen, Dire Tladi, Christian J. Tams, Mary Ellen O'Connell

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