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The change of state practice In regards to preemptive self-defense in the presence of nuclear threat: the possibility of preemptive attack by China against North Korea, US invasion of Iraq (2003), Israel bombing Osirak in Iraq (1981) and Israel bombing Al Kibar (2007)
The problem that the project discusses is: state practice in the presence of a nuclear threat challenges self-defense requirement under Article 51 of UN Charter “ the occurrence of an armed attack". In fact, states claim that the imminence of the nuclear threat and necessity of an armed attack regul...
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AUC Knowledge Fountain
2015
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| _version_ | 1867613417504768000 |
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| access_status_str | Open Access |
| author | Hamed, Nayera Mohamed |
| author_browse | Hamed, Nayera Mohamed |
| author_facet | Hamed, Nayera Mohamed |
| author_sort | Hamed, Nayera Mohamed |
| collection | Thesis |
| dc_rights_str_mv | The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy. |
| description | The problem that the project discusses is: state practice in the presence of a nuclear threat challenges self-defense requirement under Article 51 of UN Charter “ the occurrence of an armed attack". In fact, states claim that the imminence of the nuclear threat and necessity of an armed attack regulate their practice in handling it. This is based on Caroline Case principles 1837. The project hypothesis is in the presence of a nuclear threat state practice changes into preemption consistent with Caroline principles. The hypothesis is elaborated in four case studies based on Theory-Guided methodology. The possibility of conducting a preemptive self-defense attack by China against North Korea, United States invasion of Iraq 2003, Israel Bombing Osirak 1981and Israel bombing Al Kibar 2007 are the case studies. The hypothesis states that the four case studies create a new norm of preemption based on Caroline case. The findings do not support the hypothesis. The project interprets that China abides by Article 51 of United Nations, NPT and IAEA regulation in the case of North Korea. Israel and United States practice diverge from International Law and Customary International law requirements of self-defense in the presence of a nuclear weapons threat. In other words, their practices are based on Begin and Bush Doctrines. There is no new norm of preemption consistent with Caroline case in the presence of a nuclear threat. |
| format | Thesis |
| id | oai:fount.aucegypt.edu:etds-2309 |
| institution | American University in Cairo (Egypt) |
| last_indexed | 2026-06-10T12:35:48.888Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from AUC Knowledge Fountain — bepress |
| publishDate | 2015 |
| publishDateRange | 2015 |
| publishDateSort | 2015 |
| publisher | AUC Knowledge Fountain |
| publisherStr | AUC Knowledge Fountain |
| record_format | dspace |
| source_str | AUC Knowledge Fountain — bepress |
| spelling | oai:fount.aucegypt.edu:etds-2309 The change of state practice In regards to preemptive self-defense in the presence of nuclear threat: the possibility of preemptive attack by China against North Korea, US invasion of Iraq (2003), Israel bombing Osirak in Iraq (1981) and Israel bombing Al Kibar (2007) Hamed, Nayera Mohamed The problem that the project discusses is: state practice in the presence of a nuclear threat challenges self-defense requirement under Article 51 of UN Charter “ the occurrence of an armed attack". In fact, states claim that the imminence of the nuclear threat and necessity of an armed attack regulate their practice in handling it. This is based on Caroline Case principles 1837. The project hypothesis is in the presence of a nuclear threat state practice changes into preemption consistent with Caroline principles. The hypothesis is elaborated in four case studies based on Theory-Guided methodology. The possibility of conducting a preemptive self-defense attack by China against North Korea, United States invasion of Iraq 2003, Israel Bombing Osirak 1981and Israel bombing Al Kibar 2007 are the case studies. The hypothesis states that the four case studies create a new norm of preemption based on Caroline case. The findings do not support the hypothesis. The project interprets that China abides by Article 51 of United Nations, NPT and IAEA regulation in the case of North Korea. Israel and United States practice diverge from International Law and Customary International law requirements of self-defense in the presence of a nuclear weapons threat. In other words, their practices are based on Begin and Bush Doctrines. There is no new norm of preemption consistent with Caroline case in the presence of a nuclear threat. 2015-06-01T07:00:00Z thesis application/pdf https://fount.aucegypt.edu/etds/1310 https://fount.aucegypt.edu/context/etds/article/2309/viewcontent/Master_27s_20Project_20_282_29.pdf The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy. Theses and Dissertations AUC Knowledge Fountain State Practice Preemptive Self-Defense |
| spellingShingle | State Practice Preemptive Self-Defense Hamed, Nayera Mohamed The change of state practice In regards to preemptive self-defense in the presence of nuclear threat: the possibility of preemptive attack by China against North Korea, US invasion of Iraq (2003), Israel bombing Osirak in Iraq (1981) and Israel bombing Al Kibar (2007) |
| title | The change of state practice In regards to preemptive self-defense in the presence of nuclear threat: the possibility of preemptive attack by China against North Korea, US invasion of Iraq (2003), Israel bombing Osirak in Iraq (1981) and Israel bombing Al Kibar (2007) |
| title_full | The change of state practice In regards to preemptive self-defense in the presence of nuclear threat: the possibility of preemptive attack by China against North Korea, US invasion of Iraq (2003), Israel bombing Osirak in Iraq (1981) and Israel bombing Al Kibar (2007) |
| title_fullStr | The change of state practice In regards to preemptive self-defense in the presence of nuclear threat: the possibility of preemptive attack by China against North Korea, US invasion of Iraq (2003), Israel bombing Osirak in Iraq (1981) and Israel bombing Al Kibar (2007) |
| title_full_unstemmed | The change of state practice In regards to preemptive self-defense in the presence of nuclear threat: the possibility of preemptive attack by China against North Korea, US invasion of Iraq (2003), Israel bombing Osirak in Iraq (1981) and Israel bombing Al Kibar (2007) |
| title_short | The change of state practice In regards to preemptive self-defense in the presence of nuclear threat: the possibility of preemptive attack by China against North Korea, US invasion of Iraq (2003), Israel bombing Osirak in Iraq (1981) and Israel bombing Al Kibar (2007) |
| title_sort | change of state practice in regards to preemptive self defense in the presence of nuclear threat the possibility of preemptive attack by china against north korea us invasion of iraq 2003 israel bombing osirak in iraq 1981 and israel bombing al kibar 2007 |
| topic | State Practice Preemptive Self-Defense |
| url | https://fount.aucegypt.edu/etds/1310 https://fount.aucegypt.edu/context/etds/article/2309/viewcontent/Master_27s_20Project_20_282_29.pdf |
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