Search results for "Self-defense"
showing 5 items of 5 documents
Capitolo VIII della Carta dell’ONU e modelli di azione militare regionale
2019
This contribution deals with relations between regional organizations and the UN Security Council under Chapter VIII of the UN Charter. In this respect, the most recent trends are a shift from subsidiarity to a more equal partnership between these two subjects. The two models of action by delegation or authorization of the Security Council are in fact autonomous. This is demonstrated by the preparatory works of the UN Charter and subsequent practice. The model of authorized regional action enriches the range of instruments that the United Nations Charter provides for the maintenance of peace and collective security.
How to Defend in Water: The French Sailors' Surprising Method of Self-defence (1921)
2021
No abstract
Le cause di giustificazione della responsabilità civile e la nuova legittima difesa
2020
the essay addresses the problem of wrongfulness in torts and analyzes the recent reform of self-defense. In particular, the study highlights the effects on the structure of tort liability of the expansion of the area of necessary and proportional behavior. The essay aims to offer a systematic picture of the justifications in tort liability
Doctrinal Alternatives to Self-Defence Against Non-State Actors
2017
This contribution examines the problem of what is the legal basis for armed interventions carried out on foreign territory in response to terrorist attacks. It proposes a solution other than the use of the right of self-defence provided for in Article 51 of the UN Charter, based on the idea that a State cannot claim full respect for its sovereignty as a right if it does not fulfil the functions that come with sovereignty as a duty. If these functions of protection of other States' rights are not fulfilled, then, the international community, or, if this is not possible, the victim State directly, could take over from the negligent local authorities in performing their law enforcement functio…
Assessment of the legality of the Saudi-led intervention in Yemen
2022
A coalition of primarily Arab states commenced airstrikes in Yemen at the behest of its interim government leader, Abd-Rabbu Mansour Hadi on March 25, 2015. Codenamed Operation Decisive Storm, this military operation garnered little to no international uproar, despite taking place in an active civil war. Merely noted by the United Nations Security Council, the operation was primarily justified on the basis of self-defense. However, legal assessment reveals that the justification is misapplied and unwarranted. Moreover, the invitation under closer examination proves to be a hasten attempt to remedy deeply rooted domestic problems with instruments of international law disregarding the already…