The Problem of Imminence in an Uncertain World

M. Weller (ed) The Oxford Handbook of the Use of Force in International Law, Oxford University Press, 2014, Forthcoming

24 Pages Posted: 8 Apr 2014 Last revised: 27 May 2014

See all articles by Noam Lubell

Noam Lubell

University of Essex - School of Law

Date Written: December 10, 2012

Abstract

This paper sets out to analyse the meaning of imminence in the context of self-defence, how it is to be interpreted, what it might justify and what it might exclude, and whether it is in fact a criterion that can be upheld in light of modern challenges. In particular, it covers: • The development of the imminence requirement as a criteria for anticipatory self-defence. • The meaning of 'imminence', the links to immediacy and specificity. • Why do terrorism and WMD cause a challenge with regard to imminence, and what are the particular concerns with each of these? • What would a new notion of imminence actually mean? • Does imminence require certainty and can we ever be 'certain'? • Does the nature of the threat affect the risk analysis and approach to imminence?

Keywords: self-defence, use of force, ius ad bellum, imminence, anticipatory self-defence

Suggested Citation

Lubell, Noam, The Problem of Imminence in an Uncertain World (December 10, 2012). M. Weller (ed) The Oxford Handbook of the Use of Force in International Law, Oxford University Press, 2014, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2422458

Noam Lubell (Contact Author)

University of Essex - School of Law ( email )

Colchester, Essex CO43SQ
United Kingdom

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