| Gerhard Loibl - 2003 - 496 páginas
...spelled out in the aforementioned 1 842 Caroline case, the necessity for forcible reaction must be "instant, overwhelming, leaving no choice of means, and no moment for deliberation" in the words of the Secretary of State Webster. The use of force is to be exclusively directed to repel... | |
| Andrea Bianchi, Yasmin Naqvi - 2004 - 573 páginas
...do not need here more than a very brief review31: the necessity for resorting to armed force must be "instant, overwhelming, leaving no choice of means and no moment for deliberation" according to the famous Webster Doctrine in the Caroline Case.52 The use of force is to be exclusively... | |
| Ivelaw L. Griffith - 2004 - 586 páginas
...self-defence, the state exercising that right needs to show that the attack which it is anticipating is 'instant, overwhelming, leaving no choice of means, and no moment for deliberation' (as argued in respect of the Caroline incident).38 At the time the United States launched its military... | |
| Alexander T.J. Lennon, Camille Eiss - 2004 - 396 páginas
...State whose reputation as a jurist in this field is widely accepted, 'a necessity of self-defense, instant, overwhelming, leaving no choice of means and no moment for deliberation'?"" Then, he responded to these questions: "My delegation does not think so, for as I have said earlier,... | |
| Anthony Aust - 2005 - 568 páginas
...killed. Webster declared that, in order to be lawful, such recourse to force in self-defence required: a necessity of self-defence, instant, overwhelming,...no choice of means, and no moment for deliberation [and involving] nothing unreasonable or excessive; since the act, justified by the necessity of self-defence,... | |
| Jennifer Gunning, Søren Holm - 2005 - 330 páginas
...for a claim of self-defence (especially pre-emptive defence) to be legitimate, there must be shown "a necessity of self-defence, instant, overwhelming,...choice of means, and no moment for deliberation." It is also affirmed that the action must also involve "nothing unreasonable or excessive; since the... | |
| William J. Crotty - 2005 - 592 páginas
...preemption, the following conditions would have to be met: "It will be for that Government to show a necessity of self-defence, instant, overwhelming,...choice of means, and no moment for deliberation," as cited in Shewmaker (1983, 67). 3. In March 2003, Newsweek reported that the director of the UN nuclear... | |
| Niels M. Blokker, Nico Schrijver - 2005 - 331 páginas
...of State Daniel Webster described anticipatory self-defence as strictly limited to cases involving 'a necessity of self-defence, instant, overwhelming,...no choice of means, and no moment for deliberation' . 42 The criteria for the limitation of anticipatory self-defence - and self-defence generally speaking... | |
| Alex J. Bellamy - 2004 - 350 páginas
...of states within the UN system in accordance with Judge Webster's famous dictum that there existed 'necessity of self-defence, instant, overwhelming,...no choice of means, and no moment for deliberation . . .' — but more radically a right of preventive action, allowing action to be taken even where... | |
| Stephen C. Neff - 2005 - 466 páginas
...formulation, which was to become the canonical formulation of self-defence in the narrow sense, there must be 'a necessity of self-defence, instant, overwhelming, leaving no choice of means, and no moment for deliberation'.101 It is well to take some note of the distinction between self-defence and forcible... | |
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