A Plea for Risk

Mountaineering is a dangerous activity. For many mountaineers, part of its very attraction is the risk, the thrill of danger. Yet mountaineers are often regarded as reckless or even irresponsible for risking their lives. In this paper, we offer a defence of risk-taking in mountaineering. Our discussion is organised around the fact that mountaineers and non-mountaineers often disagree about how risky mountaineering really is. We hope to cast some light on the nature of this disagreement – and to argue that mountaineering may actually be worthwhile because of the risks it involves. Section 1 introduces the disagreement and, in doing so, separates out several different notions of risk. Sections 2–4 then consider some explanations of the disagreement, showing how a variety of phenomena can skew people’s risk judgements. Section 5 then surveys some recent statistics, to see whether these illuminate how risky mountaineering is. In light of these considerations, however, we suggest that the disagreement is best framed not simply in terms of how risky mountaineering is but whether the risks it does involve are justified. The remainder of the paper, sections 6–9, argues that risk-taking in mountaineering often is justified – and, moreover, that mountaineering can itself be justified (in part) by and because of the risks it involves

The international law framework regulating the use of armed drones

This article provides a holistic examination of the international legal frameworks which regulate targeted killings by drones. The article argues that for a particular drone strike to be lawful, it must satisfy the legal requirements under all applicable international legal regimes, namely: the law regulating the use of force (ius ad bellum); international humanitarian law and international human rights law. It is argued that the legality of a drone strike under the ius ad bellum does not preclude the wrongfulness of that strike under international humanitarian law or international human rights law, and that since those latter obligations are owed to individuals, one State cannot consent to their violation by another State. The article considers the important legal challenges that the use of armed drones poses under each of the three legal frameworks mentioned above. It considers the law relating to the use of force by States against non-State groups abroad. This part examines the principles of self-defence and consent, in so far as they may be relied upon to justify targeted killings abroad. The article then turns to some of the key controversies in the application of international humanitarian law to drone strikes. It examines the threshold for non-international armed conflicts, the possibility of a global non-international armed conflict and the question of who may be targeted in a non-international armed conflict. The final substantive section of the article considers the nature and application of the right to life in armed conflict, as well as the extraterritorial application of that right particularly in territory not controlled by the State conducting the strike

German Unification: Constitutional and International Implications

A discussion about the legal problems of German unification, taking into account the realms of German constitutional law, public international law, and the law of the European Communities