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" Government to show a necessity of self-defence, instant, overwhelming, 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 of the moment... "
Niles' National Register - Page 54
1842
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Recueil Des Cours, 1989-IV

Académie de droit international de La Haye - Law - 1990 - 420 pages
...JB Moore, A Digest of International Law (1906), ol. 2, p. 412. Also, under the traditional doctrine, the act, "justified by the necessity of self-defence,...limited by that necessity, and kept clearly within it". 29 British and Foreign State Papers, pp. 1 129, 1 138. 423. See note 380 above. 424. Statute of the...
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Constitutional Diplomacy

Michael J. Glennon - Law - 1990 - 382 pages
...Secretary of State Daniel Webster, during the 1837 Caroline case, said that the action taken must involve "nothing unreasonable or excessive, since the act justified by the necessity of self-defense must be limited by that necessity and kept within it." Id. at 406. 1984, for example,...
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International Law: Achievements and Prospects

Mohammed Bedjaoui - Law - 1991 - 1339 pages
...the destruction of an American ship by British subjects. It was stated that self-defence must involve "nothing unreasonable or excessive; since the act,...self-defence, must be limited by that necessity and kept within it". 22 The application of this principle may give rise to difficult questions of balance and...
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Liberation Struggles in International Law

Christopher O. Quaye - Law - 1991 - 414 pages
...that . . . even supposing the necessity of the moment authorized them ... [to use the force, theyl did nothing unreasonable or excessive; since the act justified by the necessity of self-defense, must be limited by that necessity, and kept clearly within it." Assuming the alleged...
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Recueil Des Cours - Collected Courses, 1991-V

Academie de Droit International de la Haye - Law - 1993 - 432 pages
...matters much further forward. In the relevant passage arbitrator Webster says that self-defence must be "nothing unreasonable or excessive; since the act, justified by the necessity of self defence, must be limited by that necessity and kept clearly within it"642. 639. ICJ Reports 1985,...
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Problems and Process: International Law and How We Use It

Rosalyn Higgins - Law - 1995 - 312 pages
...matters much further forward. In the relevant passage, Arbitrator Webster says that self-defence must be 'nothing unreasonable or excessive; since the act, justified by the necessity of self defence, must be limited by that necessity and kept clearly within it'.55 Brownlie perceptively...
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International law and political reality. 1 (1996)

Anthony A. D'Amato - Law - 1995 - 412 pages
...even supporting the necessity of the moment authorized them to enter the territories of the United States at all, did nothing unreasonable or excessive; since the act, justified by the necessity of self-defense, must be limited by that necessity, and kept clearly within it. It must be shown that...
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Obligations Erga Omnes and International Crimes: A Theoretical Inquiry Into ...

André De Hoogh - Political Science - 1996 - 494 pages
...Canada, even supposing the necessity of the moment authorized them to enter the territories of The United States at all, did nothing unreasonable or excessive;...must be shown that admonition or remonstrance to the person on board the Caroline was impracticable, or would have been unavailing; it must be shown that...
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Recueil Des Cours, Collected Courses, Volume 255 (1995)

Academie De Droit International de la Haye - Law - 1996 - 468 pages
...594-596, 1150-1170. 460. Documents in International Legal Materials. Vol. 7 (1968), pp. 12831339. able or excessive ; since the act justified by the necessity...limited by that necessity, and kept clearly within it." Lord Ashburton in his letter of 28 July 1842 did not dispute Webster's statement of principle. The...
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The Rule of Law in International Affairs: International Law at the Fiftieth ...

Ian Brownlie - Law - 1998 - 264 pages
...Canada, even supposing the necessity of the moment authorised them to enter the territories of the United States at all, did nothing unreasonable or excessive;...limited by that necessity, and kept clearly within it." 459. Documents in International Legal Materials, Vol. 4 (1965), pp. 557-577, 594-596,1150-1170. 460....
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