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Title: The International Court of Justice and self-defence in international law
Author: Green, James A.
ISNI:       0000 0001 1497 7566
Awarding Body: University of Nottingham
Current Institution: University of Nottingham
Date of Award: 2008
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The legal rules governing the use of force between States is one of the most fundamental, and the most controversial, aspects of international law. An essential part of this area is the question of when, and to what extent, a State may lawfully use force against another in self-defence. This is particularly pertinent in the current climate within international relations when one considers that self-defence may be a possible means by which a State may respond to terrorist activity. However, the parameters of this inherent right remain obscure, despite the best efforts of scholars and, notably, the International Court of Justice. This thesis examines the relationship between the Court and the right of self-defence. Following the attacks of 11 September 2001, there have been three major decisions of the ICJ that have dealt directly with the law governing self-defence actions. This is in contrast to only two such cases in the preceding fifty years. Thus, the jurisprudence of the Court on this issue has for the first time been comprehensively drawn together, and then the merits of that jurisprudence have been assessed. It is argued that the contribution of the ICJ has been confused and unhelpful, and, moreover, is at odds with customary international law. The ICJ's fundamental conception of a primary criterion of 'armed attack' as constituting a qualitatively severe use of force must be brought into question.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available