Contents
Volume 67 Number 5 2003
ISSN: 0022-0183 eISSN: 1740-5580
Show list with all abstracts • Links to other issues
Index
iii
Cases
vi
Opinion
Juries
James Morton
359
Divisional Court
Strict liability, reverse burden and Article 6(2) of the European Convention on Human Rights: tree-felling offence
363
Legal professional privilege
370
Assessment of damages for wrongful conviction
372
Court of Appeal
The subjective and objective tests for duress
379
Identification: Turnbull direction
385
Legal advice to remain silent
387
PACE Code D: connection of individual with circumstances that occurred many years before
389
House of Lords
Diminished responsibility and intoxication
395
Court of Session (Outer House)
Advocates' immunity from suit in respect of conduct in court
401
Criminal Law Legislation Update
Sally Ireland
405
Comment
Illegally obtained evidence: in or out?
Alec Samuels
411
Articles
Assessing the Legality of the Attacks by the International Coalition against Terrorism against Al-Qaeda and the Taleban in Afghanistan: An Inquiry into the Self-Defence Argument under Article 51 of the UN Charter
Justin N. B. Frank and Javaid Rehman
415
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JCL 67 (2003) 415
Assessing the Legality of the Attacks by the International Coalition against Terrorism against Al-Qaeda and the Taleban in Afghanistan: An Inquiry into the Self-Defence Argument under Article 51 of the UN Charter
Justin N. B. Frank and Javaid Rehman
Issues surrounding the legality of attacks by the International Coalition against Terrorism (ICAT) against Al-Qaeda and the Taliban in Afghanistan are analysed in this article. The existence of the right to self-defence remains of critical importance in order to confer legitimacy upon ICAT actions. The view advanced by the authors is that, notwithstanding significant ambiguities, both in the law relating to the right to self-defence and the manner in which it has been applied in Afghanistan, there are sufficient merits in the case presented by ICAT to confer legitimacy for military action. The article elaborates on the concept of terrorism and its relationship with war and provides a critical examination of the right to self-defence under international law. The focus of the analysis centres on individual and collective self-defence in customary law and under the UN Charter. Consideration is also given to the legal issues emerging from ICAT’s military actions undertaken on the basis of the right to self-defence. The jus ad bellum is examined in the light of jus in bello. The legality of deployment of specific weapons in response to terrorist acts of aggression is then assessed and tested.
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Involuntary Manslaughter and Assisting Drug-Abuse Injection
Alan Reed
431
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JCL 67 (2003) 431
Involuntary Manslaughter and Assisting Drug-Abuse Injection
Alan Reed
This article examines extant law on drug-taking and unlawful act manslaughter. It considers the interrelationship with general principles on causation. It concludes that precedential authorities are inconsistent: urgent clarification is required by the House of Lords.
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Links to other issues
Volume 65 (2001) : 1 2 3 4 5 6
Volume 66 (2002) : 1 2 3 4 5 6
Volume 67 (2003) : 1 2 3 4 5 6
Volume 68 (2004) : 1 2 3 4 5 6
Volume 69 (2005) : 1 2 3 4 5 6
Volume 70 (2006) : 1 2 3 4 5 6
Volume 71 (2007) : 1 2 3 4 5 6
Volume 72 (2008) : 1 2 3 4 5 6
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