Justification and Excuse in International Law: Concept and Theory of General Defences

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Federica Paddeu (University of Cambridge)

Justification and Excuse in International Law

Concept and Theory of General Defences

Federica Paddeu (University of Cambridge)

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English

Cambridge University Press
07 February 2019

Settlement of international disputes

Series: Cambridge Studies in International and Comparative Law

The defences available to an agent accused of wrongdoing can be considered as justifications (which render acts lawful) or excuses (which shield the agent from the legal consequences of the wrongful act). This distinction is familiar to many domestic legal systems, and tracks analogous notions in moral philosophy and ordinary language. Nevertheless, it remains contested in some domestic jurisdictions where it is often argued that the distinction is purely theoretical and has no consequences in practice. In international law too the distinction has been fraught with controversy, though there are increasing calls for its recognition. This book is the first to comprehensively and thoroughly examine the distinction and its relevance to the international legal order. Combining an analysis of state practice, and historical, doctrinal and theoretical developments, the book shows that the distinction is not only possible in international law but that it is also one that would have important practical implications.

By: Federica Paddeu (University of Cambridge)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 228mm, Width: 151mm, Spine: 33mm
Weight: 885g
ISBN: 9781107513990
ISBN 10: 1107513995
Series: Cambridge Studies in International and Comparative Law
Pages: 608
Publication Date: 07 February 2019
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

Introduction; Part I. Justification and Excuse in International Law: 1. Justification and excuse in international law; 2. Practical consequences of the distinction in international law; 3. Classifying defences into justification and excuse in international law; Part II. Classifying the Defences in the Articles on State Responsibility: 4. Consent; 5. Self-defence; 6. Countermeasures; 7. Force majeure; 8. State of necessity; 9. Distress; Conclusion.

Federica Paddeu is the John Tiley Fellow in Law at Queens' College, Cambridge and a fellow at the Lauterpacht Centre for International Law, Cambridge.