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The Problem of Imminence in an Uncertain World

Lubell, Noam (2015) 'The Problem of Imminence in an Uncertain World.' In: Weller, Marc and Rylatt, Jake William and Solomou, Alexia, (eds.) The Oxford Handbook of the Use of Force in International Law. Oxford Handbooks in Law . Oxford University Press. ISBN 978-0-19-967304-9

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Abstract

This chapter deals with the concept of imminence within the context of anticipatory self-defence under international law. It examines the meaning of imminence, its interpretation, what it might justify and/or exclude, and whether it can be upheld as a criterion to face modern challenges. It outlines the requirement of imminence in relation to the debatable right to anticipatory self-defence, paying particular attention to the development of state practice and the opinions of commentators. It considers the specific context of terrorism and weapons of mass destruction, and examines the reasons that these are sometimes seen as necessitating a new conception of imminence. The chapter provides an analysis of what new approaches might mean, and whether they can be contained within an understanding of imminence. In so doing, the chapter analyses the notion of certainty, the need for evidence, and the effect of the scale of threat on the decision-making process.

Item Type: Book Section
Uncontrolled Keywords: self-defence, use of force, ius ad bellum, imminence, anticipatory self-defence
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities > Law, School of
Depositing User: Clare Chatfield
Date Deposited: 02 Dec 2014 12:09
Last Modified: 26 Jun 2020 11:15
URI: http://repository.essex.ac.uk/id/eprint/11768

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