By Tarcisio Gazzini, Wouter G. Werner, Ige F. Dekker (auth.), I.F. Dekker, E. Hey (eds.)
The Netherlands Yearbook of overseas (NYIL) legislations has major goals. It bargains a discussion board for the e-book of scholarly articles of a extra normal nature within the sector of public foreign legislations, together with the legislation of the eu Union. additionally, every one Yearbook offers an outline of the nation perform of the Netherlands, together with Dutch judicial judgements related to questions of public overseas law.
In this quantity of NYIL ‘necessity’ is the point of interest of research. Necessity performs an important position in any criminal procedure, as unpredictable or outstanding occasions can require the adoption of measures departing from the ordinarily acceptable legislations so that it will guard uncomplicated values and primary pursuits. overseas legislations isn't really an exception. The scholarly articles during this quantity talk about the function of the primary of necessity in several fields of foreign legislation, particularly in clash and defense legislation, humanitarian legislation, human rights legislations, environmental legislations, overseas exchange legislation, and international funding legislation. each one contribution displays on important questions of the subject matter of necessity, reminiscent of the character of the need plea, the function of the Articles on country accountability and common generic legislations, and using cross-references in case legislations to foreign judgements in different, yet by way of necessity similar, fields of foreign legislations.
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Extra info for Netherlands Yearbook of International Law Volume 41, 2010: Necessity Across International Law
Example text
112 Prosecutor v Dusko Tadic´ aka Dule, Decision on the defence motion for interlocutory appeal on jurisdiction, Decision of 2 October 1995, para 38. 107 32 N. 113 Aggression cuts across many areas of international law. In the law of state responsibility it constitutes a serious breach of international law and entails serious legal consequences. In the use of force regime it falls within the prohibition on the use of force and also within the competence of the Security Council under Chapter VII.
131–175. 63 80 Dept St Bull (1989) 38. ’67 In sum, rescue operations are an aspect of self-defence in its customary as well as its Charter formulation. 69 The legal status of humanitarian intervention has been contested under UN Charter law. 70 On the other hand, it has been claimed that Article 2(4) permits humanitarian interventions to the extent that they are not against the territorial integrity or political independence of a state; nor against the UN purposes. It is not surprising then that post-Charter state practice is not always unequivocal, with states using various arguments to justify their actions without always invoking the 64 GA Res 38/7 (1983) with regard to Grenada and GA Res 44/240 (1989) with regard to Panama.
1 Threat to the Peace/Breach of the Peace/Act of Aggression (Article 39, UN Charter) The UN Charter established an institutional framework regulating the use of force by substituting unilateral uses of force with collective ones when certain situations of necessity, as defined by the system, arise. These situations are described in Article 39 UN Charter and include a threat to the peace, a breach of the peace, or an act of aggression. These are generic terms that are interpreted by a central organ, the Security Council.