Justification and Excuse in International Law

Concept and Theory of General Defences

Nonfiction, Reference & Language, Law, International, Social & Cultural Studies, Political Science
Cover of the book Justification and Excuse in International Law by Federica Paddeu, Cambridge University Press
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Author: Federica Paddeu ISBN: 9781108178792
Publisher: Cambridge University Press Publication: September 30, 2017
Imprint: Cambridge University Press Language: English
Author: Federica Paddeu
ISBN: 9781108178792
Publisher: Cambridge University Press
Publication: September 30, 2017
Imprint: Cambridge University Press
Language: English

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, 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.

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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, 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.

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