Justification and Excuse in International Law: Concept and Theory of General Defences
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| Anteprima |
The
defences available to an agent accused of wrongdoing can be considered
as justifications (which render acts lawful) or excuses (which shield
the agent from the legal consequences of the wrongful act). This
distinction is familiar to many domestic legal systems, and tracks
analogous notions in moral philosophy and ordinary language.
Nevertheless, it remains contested in some domestic jurisdictions where
it is often argued that the distinction is purely theoretical and has no
consequences in practice. In international law too the distinction has
been fraught with controversy, though there are increasing calls for its
recognition. This book is the first to comprehensively and thoroughly
examine the distinction and its relevance to the international legal
order. Combining an analysis of State practice, historical, doctrinal
and theoretical developments, the book shows that the distinction is not
only possible in international law but that it is also one that would
have important practical implications.
