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Justification and Excuse in International Law
Concept and Theory of General Defences

$49.99 (C)

Part of Cambridge Studies in International and Comparative Law

  • Date Published: February 2019
  • availability: Available
  • format: Paperback
  • isbn: 9781107513990

$ 49.99 (C)

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About the Authors
  • 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.

    • The first comprehensive treatment of the distinction between justification and excuse in international law
    • Combines an analysis of state practice with theoretical explorations
    • Considers the practical implications of the distinction between justification and excuse in international law
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    Product details

    • Date Published: February 2019
    • format: Paperback
    • isbn: 9781107513990
    • dimensions: 229 x 152 x 31 mm
    • weight: 0.661kg
    • availability: Available
  • Table of Contents

    Part I. Justification and Excuse in International Law:
    1. Justification and excuse in international law
    2. Practical consequences of the distinction in international law
    3. Classifying defences into justification and excuse in international law
    Part II. Classifying the Defences in the Articles on State Responsibility:
    4. Consent
    5. Self-defence
    6. Countermeasures
    7. Force majeure
    8. State of necessity
    9. Distress

  • Author

    Federica Paddeu, University of Cambridge
    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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