...Daniel Webster wrote to the British Government outlining an obligation on states acting in self-defence to show "a necessity of self-defence, instant, overwhelming, leaving no choice of means, and no moment of deliberation". See DJ Harris, Cases and Materials on International Law, (London 1998) p 895 All...

...insurrection, Webster argued that an attack on foreign territory can only be justified if the aggressor can "show a necessity of selfdefence, instant, overwhelming, leaving no choice of means, and no moment for deliberation".29 He added that the pre-emptive self-defence had to be proportional to the threat. 27....

...State Daniel Webster.66 For Webster, the requisite precondition, known as the Caroline standard, is 'a necessity of self-defence, instant, overwhelming,...no choice of means, and no moment for deliberation '.67 More recently, Yoram Dinstein rejected the terminology 'anticipatory' in favour of 'interceptive'...

...Caroline on December 29, 1837, Webster famously stated that for self-defense to be invoked there must be "a necessity of self-defence, instant, overwhelming, leaving no choice of means, and no moment for deliberation."24 The case addressed a modern question. What is the proper response of a state to an...

...entails action in anticipation of an attack, According to the famous Caroline formula there must be 'a necessity of self-defence, instant, overwhelming, leaving no choice of means and no moment for deliberation'.'4 It endorses actions when the attack is imminent but only in circumstances where the...

...'imminence'.76 The orthodox test for self-defence is that in the Caroline Case, there must be evidence of 'a necessity of self-defence, instant, overwhelming, leaving no choice of means and no moment for deliberation'.77 The ICJ in the Nicaragua Case used the language of imminence,78 although it was in...

...gunboats to force Venezuela to pay its debts to nationals of these States. These are clearly not cases of 'necessity of self-defence, instant, overwhelming, leaving no choice of means and no moment for deliberation'14. Starting from the beginning of the 20th century, in the domain of legal regulation...

...spelled out in the aforementioned 1 842 Caroline case, the necessity for forcible reaction must be "instant, overwhelming, leaving no choice of means, and no moment for deliberation" in the words of the Secretary of State Webster. The use of force is to be exclusively directed to repel...

...State whose reputation as a jurist in this field is widely accepted, 'a necessity of self-defense, instant, overwhelming, leaving no choice of means and no moment for deliberation'?"" Then, he responded to these questions: "My delegation does not think so, for as I have said earlier,...

...mere raiders based in the territory of another nation: there must be a "necessity of self-defense, instant, overwhelming, leaving no choice of means, and no moment for deliberation." 21 At the beginning of World War II, Germany's and Japan's abuse of preemptive excuses for war—the...