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State territory and international law / Josephat C. Ezenwajiaku.

By: Material type: TextSeries: Routledge research in international lawPublication details: London; New York; Routledge; 2021.Description: xix, 248 pages ; 25 cmISBN:
  • 9780367353988
  • 0367353989
Subject(s): Additional physical formats: Online version:: State territory and international lawLOC classification:
  • KZ3675 .E94 2021
Contents:
General Introduction -- Setting Out the Theoretical Framework -- Inviolability of State Territory and Article 2(4) of the UN Charter -- Expanding the Frontiers of Article 2(4) to Cyberspace -- Breaches of State Territory -- Non-State Actors, Article 2(4) and the Sanctity of State Territory -- Attempt to Formulate a theory of Respect for the Inviolability of State Territory
Summary: "This book proposes a re-interpretation of Article 2(4) of the Charter of the United Nations to read, or at least include, respect for the inviolability of State Territory. While States purport to obey the prohibition of the Use of Force, they frequently engage in activities that could undermine international peace and security. In this book the author argues that State practice, opinio juris, as well as contentious and advisory opinions of the International Court of Justice, have promoted the first limb of Article 2(4). Although, wars between States have reduced, the maintenance of international peace and security remains a mirage, as shown by the increase in intra-State and inter-State conflicts across the world. The author seeks to initiate a rethinking of the provision of Article 2(4), which the International Court of Justice has described as the cornerstone of the United Nations. The author argues that the time is ripe for States to embrace an evolutive interpretation of Article 2(4) to mean respect, as opposed to the traditional view of threatening or using of force. He also evaluates the discourse regarding territorial jurisdiction in cyberspace and argues that the efforts made by the international community to apply Article 2(4) to cyberspace suggests that Article 2(4) is a flexible and living instrument that should be adjusted to address the circumstances that endanger international peace and security. This book will engineer a serious debate regarding the scope of Article 2(4), which before now has always been limited to the threat or use of force. As a result, it will be of interest to academics and students of public international law, as well as diplomats and policymakers"--
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Cover image Item type Current library Home library Collection Shelving location Call number Materials specified Vol info URL Copy number Status Notes Date due Barcode Item holds Item hold queue priority Course reserves
Books African Court on Human and Peoples' Rights Library KZ3675 .E94 2021 (Browse shelf(Opens below)) Available 10186131
Books African Court on Human and Peoples' Rights Library KZ3675 .E94 2021 (Browse shelf(Opens below)) Available 10186093

Based on author's thesis (doctoral - Brunel University London, 2017) issued under title: Respect for the inviolability of state territory.

Includes bibliographical references and index.

General Introduction -- Setting Out the Theoretical Framework -- Inviolability of State Territory and Article 2(4) of the UN Charter -- Expanding the Frontiers of Article 2(4) to Cyberspace -- Breaches of State Territory -- Non-State Actors, Article 2(4) and the Sanctity of State Territory -- Attempt to Formulate a theory of Respect for the Inviolability of State Territory

"This book proposes a re-interpretation of Article 2(4) of the Charter of the United Nations to read, or at least include, respect for the inviolability of State Territory. While States purport to obey the prohibition of the Use of Force, they frequently engage in activities that could undermine international peace and security. In this book the author argues that State practice, opinio juris, as well as contentious and advisory opinions of the International Court of Justice, have promoted the first limb of Article 2(4). Although, wars between States have reduced, the maintenance of international peace and security remains a mirage, as shown by the increase in intra-State and inter-State conflicts across the world. The author seeks to initiate a rethinking of the provision of Article 2(4), which the International Court of Justice has described as the cornerstone of the United Nations. The author argues that the time is ripe for States to embrace an evolutive interpretation of Article 2(4) to mean respect, as opposed to the traditional view of threatening or using of force. He also evaluates the discourse regarding territorial jurisdiction in cyberspace and argues that the efforts made by the international community to apply Article 2(4) to cyberspace suggests that Article 2(4) is a flexible and living instrument that should be adjusted to address the circumstances that endanger international peace and security. This book will engineer a serious debate regarding the scope of Article 2(4), which before now has always been limited to the threat or use of force. As a result, it will be of interest to academics and students of public international law, as well as diplomats and policymakers"--

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