Cookies Policy
X
Cookie Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Emergency, War and International Law – Another Perspective

MyBook is a cheap paperback edition of the original book and will be sold at uniform, low price.

Buy this article

Price:
$30.00+ Tax (if applicable)
Add to Favorites

image of Nordic Journal of International Law

This article evaluates a spectrum of emergency responses by states. We are interested in exploring the variety of contexts in which states respond to internal and external crisis, and the manner in which international law contextualises and responds to the use of extreme measures by states. While international lawyers have become attuned to the prerogatives of states in derogating from their international human rights treaty obligations, we contend that this constitutes only one aspect of state emergency responses. We explore the extent to which states resort to extra-ordinary measures in multiple ways. In particular, we explore the relationship between war and emergency, from a theoretical point of view. Both classic inter-state conflicts are examined, as are the multiple situations of internal armed conflict, that frequently escape precise legal definition under international law. We take the view that international law has taken a limited and unrepresentative view of the scope and breadth of the emergency phenomena in state practice. From this general position some general observations follow. First, we identify the tendency of legal scholars to assert that clear dichotomies exist between normal and extreme conditions, when such clear-cut distinctions are not present. From this, we argue that `war' and `emergency', are not unique and entirely distinct phenomena. In short, we submit that emergency and its associated practices is a far more wide-spread and pervasive aspect of state experience and action than has generally been accepted by legal scholars and political thinkers. The consequence of this rethinking is a need to redefine the resort to the extraordinary in our perception of state behaviour and to modify our theoretical perspectives accordingly.

Affiliations: 1: Faculty of Law, Tel-Aviv University, Israel; 2: School of Public Policy, Economics and Law, University of Ulster, Northern Ireland

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Create email alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Name:*
    Email:*
    Your details
    Name:*
    Email:*
    Department:*
    Why are you recommending this title?
    Select reason:
     
     
     
     
    Other:
     
    Nordic Journal of International Law — Recommend this title to your library

    Thank you

    Your recommendation has been sent to your librarian.

  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation