| ID | 097080 |
| Title Proper | Threat, emergency and survival |
| Other Title Information | the legality of emergency action in international law |
| Language | ENG |
| Author | Orakhelashvili, Alexander |
| Publication | 2010. |
| Summary / Abstract (Note) | The international legal discourse, whether in theory or practice, has long focused on how situations gravely affecting the national security of States would impact their legal rights and obligations. In a way, the discourse on threats is essentially about whether international law could retain its validity as a body of neutral rules in situations where extreme emergencies are arguably involved, as has been witnessed in arguments from the ancient notion of self-preservation to modern claims of exceptional legality that are developed in the context of counter-terrorist activities and encompass multiple areas of international law including jus ad bellum, humanitarian law and human rights law. This contribution examines whether the discourse on threats is inherently extra-legal, that is, if it qualifies the validity of law due to policy considerations that are external, and thus alien, to it; or whether and to what extent international law actually provides for the entitlement of States to act in the face of serious national emergencies. |
| `In' analytical Note | Chinese Journal of International Law Vol. 9, No. 2; Jun 2010: p.345-391 |
| Journal Source | Chinese Journal of International Law Vol. 9, No. 2; Jun 2010: p.345-391 |
| Key Words | Threat ; Emergency ; Survival ; International Law ; Emergency Action ; Counter - Terrorist Activities ; Human Rights Law ; Humanitarian Law |