Anticipatory Action in Self-Defence

Szabó, Kinga Tibori

doi:10.1007/978-90-6704-796-8

Cited by 9 publications

(1 citation statement)

References 11 publications

(26 reference statements)

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“…80 This critique is powerful to the extent that the effect of the unwilling or unable standard can be to single out even 'willing' States on the basis of relative incapacity. 81 The sovereignty of such States would be compromised, for they would be presented with the choice of either consenting to operations in their territories or suffering intervention under the banner of selfdefence. 82 The effect of the German and Belgian attempts to limit, or displace, the nascent unwilling or unable standard is to mitigate the standard's impact on the criterion of generality.…”

Section: B Processes Of Legal Changementioning

confidence: 99%

Self-Defence Against Non-State Actors: Are Powerful States Willing but Unable to Change International Law?

Brunnée

Toope

2017

ICLQ

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Can a few primarily Western States expand the right to self-defence against non-State actors, incorporating the unwilling or unable standard? Even on a traditional reading of customary law formation, the answer is no because proponents have failed to attract consistent and widespread support. What is more, using our interactional international law approach, we show that efforts to date have not been successful because they have failed to address fundamental rule of law concerns. The current state of world politics has perhaps caught proponents of the unwilling or unable standard in a difficult bind. We suggest how proponents might carefully develop the law on self-defence against non-State actors.

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Section: B Processes Of Legal Changementioning

confidence: 99%