The defences available to an agent accused of wrongdoing can be considered as justifications (which render acts lawful) or excuses (which shield the agent from the legal consequences of the wrongful act). This distinction is familiar to many domestic legal systems, and tracks analogous notions in moral philosophy and ordinary language. Nevertheless, it remains contested in some domestic jurisdictions where it is often argued that the distinction is purely theoretical and has no consequences in practice. In international law too the distinction has been fraught with controversy, though there are increasing calls for its recognition. This book is the first to comprehensively and thoroughly examine the distinction and its relevance to the international legal order. Combining an analysis of state practice, and historical, doctrinal and theoretical developments, the book shows that the distinction is not only possible in international law but that it is also one that would have important practical implications.
By:
Federica Paddeu (University of Cambridge) Imprint: Cambridge University Press Country of Publication: United Kingdom Volume: 130 Dimensions:
Height: 235mm,
Width: 159mm,
Spine: 33mm
Weight: 960g ISBN:9781107106208 ISBN 10: 1107106206 Series:Cambridge Studies in International and Comparative Law Pages: 604 Publication Date:11 January 2018 Audience:
Professional and scholarly
,
Undergraduate
Format:Hardback Publisher's Status: Active
Federica Paddeu is the John Tiley Fellow in Law at Queens' College, Cambridge and a fellow at the Lauterpacht Centre for International Law, Cambridge.