Chapter

Some Problems Relating to Self-Help in the Modern Law

Ian Brownlie

in International Law and the Use of Force by States

Published in print March 1963 | ISBN: 9780198251583
Published online March 2012 | e-ISBN: 9780191681332 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198251583.003.0014
Some Problems Relating to Self-Help in the Modern Law

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This chapter addresses certain difficult questions that relate to forms of self-help which are alleged to exist in the modern law, in particular intervention to protect nationals on foreign soil. Specifically, it treats several topics which each raise in a different way the question of whether certain forms of self-help have survived recent developments in the legal regulation of the use of force. The Corfu Channel Case (Merits) raises the question of the protection and affirmation of legal rights and the judgement presents difficulties of interpretation. The very controversial and important problem of intervention to protect the lives and property of nationals, the legality of which is still asserted by some governments and by several prominent jurists are also described. Moreover, the question of acts of self-defence committed on the high seas is treated separately for the reasons that the literature assumes that the topic has a separate identity and that, to a certain extent, it has problems peculiar to itself.

Keywords: Corfu Channel Case; modern law; legal regulation; high seas; legal rights; judgement; foreign soil

Chapter.  15431 words. 

Subjects: Public International Law

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