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
11 January 2018

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
Volume: 130
Dimensions: Height: 235mm, Width: 159mm, Spine: 33mm
Weight: 960g
ISBN: 9781107106208
ISBN 10: 1107106206
Series: Cambridge Studies in International and Comparative Law
Pages: 604
Publication Date: 11 January 2018
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

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