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Necessity, proportionality and the use of force by states.


Necessity, proportionality and the use of force by states The use of force by states is controlled by both customary international law and by treaty law. The UN Charter reads in article 2(4):
All members shall refrain in their international relations from the threat or use of force against the territorial integrity or

Gardam, Judith.

Cambridge U. Pr.


259 pages




Gardam (public international law, Adelaide Law School) here explores the operation of proportionality as a restraint on the forceful force¬∑ful ¬†
Characterized by or full of force; effective: was persuaded by the forceful speaker to register to vote; enacted forceful measures to reduce drug abuse.
 actions of states, incorporating the concept in the norms that govern the use of force in international relations international relations, study of the relations among states and other political and economic units in the international system. Particular areas of study within the field of international relations include diplomacy and diplomatic history, international law, , ius ad bellum, and international humanitarian law International humanitarian law (IHL), also known as the law of war, the laws and customs of war or the law of armed conflict, is the legal corpus "comprised of the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law,  that regulates the conduct of hostilities, ius in bello. She also considers necessity, which is often coupled with proportionality in international law, for its role in determining whether a forceful response is warranted in any particular situation, but only as a component of ius ad bellum, because she finds that it has no detailed form in jus in bello.

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Publication:Reference & Research Book News
Article Type:Book Review
Date:Nov 1, 2005
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