| Niels M. Blokker, Nico Schrijver - 2005 - 331 דפים
...of State Daniel Webster described anticipatory self-defence as strictly limited to cases involving 'a necessity of self-defence, instant, overwhelming,...no choice of means, and no moment for deliberation' . 42 The criteria for the limitation of anticipatory self-defence - and self-defence generally speaking... | |
| Alex J. Bellamy - 2004 - 350 דפים
...of states within the UN system in accordance with Judge Webster's famous dictum that there existed 'necessity of self-defence, instant, overwhelming,...no choice of means, and no moment for deliberation . . .' — but more radically a right of preventive action, allowing action to be taken even where... | |
| Stephen C. Neff - 2005 - 466 דפים
...formulation, which was to become the canonical formulation of self-defence in the narrow sense, there must be 'a necessity of self-defence, instant, overwhelming, leaving no choice of means, and no moment for deliberation'.101 It is well to take some note of the distinction between self-defence and forcible... | |
| Carin Laurin - 2005 - 395 דפים
...Daniel Webster wrote to the British ambassador that self-defence required the demonstration of the "necessity of self-defence, instant, overwhelming leaving no choice of means, and no moment for deliberation".25 This definition was accepted by the British government and turned into a standard... | |
| Jimmy Carter - 2005 - 225 דפים
...would be named secretary of state) in 1 83 7 said that there must be "a necessity of self-defense . . . instant, overwhelming, leaving no choice of means, and no moment for deliberation." Former secretary of state Henry Kissinger, usually a strong supporter of Republican administrations,... | |
| Melvin Gurtov, Peter Van Ness - 2005 - 316 דפים
...outline the justification for launching a preemptive war in the following manner: the threat must be "instant, overwhelming, leaving no choice of means, and no moment for deliberation." This is what gives preemptive war some legal and moral justification. In contrast, preventive war has... | |
| Christopher C. Joyner - 2005 - 388 דפים
...indicated that for British action to be lawful, Great Britain had to show "a necessity of self-defense, instant, overwhelming, leaving no choice of means and no moment for deliberation." Moreover, the British had to establish that after entering the United States, their troops "did nothing... | |
| Michael P. O'Keefe, C. A. J. Coady - 2005 - 258 דפים
...of State Daniel Webster in 1842: pre-emptive military action is only justified where the threat is 'instant, overwhelming, leaving no choice of means and no moment for deliberation'. 6 Justifying the invasion of Iraq as preemption required that doctrine to be significantly extended... | |
| William Arthur Galston - 2005 - 196 דפים
...influential statement of the doctrine in 1842: there must be shown "a necessity of selfdefense . . . instant, overwhelming, leaving no choice of means, and no moment for deliberation." Some contemporary scholars adopt a more permissive view. But even if that debate were resolved in the... | |
| Daniel A. Bell, Jean-Marc Coicaud - 2006 - 257 דפים
...United States and Great Britain agreed that the burden of proof was on the British government "to show a necessity of self-defence, instant, overwhelming,...choice of means, and no moment for deliberation." See 29 The British and Foreign State Papers 1 137-8; and 30 The British and Foreign State Papers 195-6(1837).... | |
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