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Justification and Excuse in International Law: Concept and Theory of General Defences
Paperback / softback
Main Details
Title |
Justification and Excuse in International Law: Concept and Theory of General Defences
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Authors and Contributors |
By (author) Federica Paddeu
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Series | Cambridge Studies in International and Comparative Law |
Physical Properties |
Format:Paperback / softback | Pages:608 | Dimensions(mm): Height 228,Width 151 |
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ISBN/Barcode |
9781107513990
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Classifications | Dewey:341.26 |
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Audience | Professional & Vocational | |
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Publishing Details |
Publisher |
Cambridge University Press
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Imprint |
Cambridge University Press
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Publication Date |
7 February 2019 |
Publication Country |
United Kingdom
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Description
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, and 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.
Author Biography
Federica Paddeu is the John Tiley Fellow in Law at Queens' College, Cambridge and a fellow at the Lauterpacht Centre for International Law, Cambridge.
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