| Lassa Oppenheim - 2005 - 1564 דפים
...of State, defined the necessity which would be an excuse as a necessity of self-defence which is ' instant, overwhelming, and leaving no choice of means, and no moment for deliberation.' See Moore, ii. § 217, p. 41?. SELF-PRESERVATION 215 Law, no State is obliged patiently to submit to... | |
| Dawn Rothe, Christopher W. Mullins - 2006 - 252 דפים
...action is, in die words of US Se:retary of State Daniel Webster regarding the 1837 Caroline Affair,3 "instant, overwhelming, and leaving no choice of means, and no moment for deliberation" (quoted in Gardner 2003). That is, the threat must be imminent. There was no evidence of an imminent... | |
| Sven Matis - 2007 - 76 דפים
...Präventivverteidigung in Situationen für zulässig gehalten wurde, „in which the necessity of self-defence is instant, overwhelming and leaving no choice of means and no moment for deliberation" 138 Staaten verfügen - laut Artikel 51 der UNO-Charta - über das „naturgegebene Recht zur individuellen... | |
| James E. Baker - 2007 - 405 דפים
...self-defense. He wrote his counterpart, It will be for that Government to show a necessity of self-defence instant, overwhelming, and leaving no choice of means, and no moment for deliberation. ... It will be for it to show, also, that the local authorities of Canada, - even supposing the necessity... | |
| Charles Reed, David Ryall - 2007 - 11 דפים
...test classically formulated after the famous Caroline Incident in 1837 was one of necessity that was 'instant, overwhelming, and leaving no choice of means, and no moment for deliberation' - or, presumably, for obtaining international legal authorisation. Such cases are historically rare.... | |
| Robert S. Litwak, Robert Litwak - 2007 - 425 דפים
...self-defense except in the face of an imminent threat — meaning that the threat of an armed attack must be "instant, overwhelming and leaving no choice of means, and no moment of deliberation."70 (Strikingly, this landmark definition, crafted by Secretary of State Daniel Webster... | |
| Yannis A. Stivachtis - 2007 - 254 דפים
...this formulation, anticipatory self-defence is admissible, when 'the necessity of that self-defence is instant, overwhelming, and leaving no choice of means and no moment for deliberation'.5 Thus, the two conditions for anticipatory self-defence are necessity and proportionality:... | |
| Maureen Webb - 2007 - 324 דפים
...of an attack is authorized only in the narrowest circumstances, when the threat of armed attack is "instant, overwhelming and leaving no choice of means, and no moment for deliberation."156 The United States and other countries have often used force in circumstances that... | |
| Michael W. Doyle - 2008 - 201 דפים
...not qualify as self-defense, which could be justified only "if the necessity of that self-defense is instant, overwhelming, and leaving no choice of means, and no moment for deliberation." Emanuel Gross, Thwarting Terrorist Acts by Attacking the Perpetrators or Their Commanders as an Act... | |
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