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Reappraising The Resort To Force
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Book Synopsis Reappraising the Resort to Force by : Lindsay Moir
Download or read book Reappraising the Resort to Force written by Lindsay Moir and published by Bloomsbury Publishing. This book was released on 2010-01-20 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: A number of commentators assert that the military response to the terrorist atrocities of 11 September 2001 - encompassing attacks on Afghanistan and Iraq, and commonly referred to as the 'war on terror' - has significantly impacted upon the international law regulating resort to armed force by states (jus ad bellum), loosening the constraints on self-defence. Some even suggest that the very future of the United Nations, in particular the Security Council and its collective security system, is at risk - at least in its current form. This book does not address the question of the future of the United Nations, an issue probably best left to scholars of international relations. Instead, it seeks to place the 'war on terror' within the context of international law, assessing how, or whether, it can be accommodated within the existing legal framework limiting the use of force. Through an examination of the lawfulness (or otherwise) of both Operation Enduring Freedom and Operation Iraqi Freedom, including the legal justifications advanced by those states involved and the reaction of the international community, and involving a detailed discussion of the most important developments (ie, the permissibility of self-defence against non-state, terrorist, actors and the 'Bush doctrine' of pre-emptive self-defence against terrorists as proclaimed in the 2002 US National Security Strategy) the book determines whether, and to what extent, the right to use force - or the acceptability of such military action - is currently undergoing a radical transformation. By assessing subsequent developments illustrating the impact that military action against Afghanistan and Iraq has had on the jus ad bellum, this book represents a distinctive and original contribution to the academic literature.
Book Synopsis The Oxford Handbook of the Use of Force in International Law by : Marc Weller
Download or read book The Oxford Handbook of the Use of Force in International Law written by Marc Weller and published by OUP Oxford. This book was released on 2015-01-15 with total page 1328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition ofThe prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.
Book Synopsis Revisiting the Concept of Defence in the Jus ad Bellum by : Johanna Friman
Download or read book Revisiting the Concept of Defence in the Jus ad Bellum written by Johanna Friman and published by Bloomsbury Publishing. This book was released on 2017-04-06 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of the jus ad bellum is to draw a line in the sand: thus far, but no further. In the light of modern warfare, a state should today have an explicitly recognised and undisputed right of delimited unilateral defence not only in response to an occurring armed attack, but also in interception of an inevitable or imminent armed attack. This book, however, makes it evident that unilateral interception is not incontestably compatible with the modern right of self-defence in Article 51 of the UN Charter. Then again, unilateral defence need not forever be confined to self-defence only, wherefore the book proposes that the concept of defence may best be modernised by a clear legal division into responsive and interceptive defence. Since both threat and use of force are explicitly prohibited in Article 2(4) of the UN Charter, this book further recommends that both responsive and interceptive defence should be explicitly excepted from this prohibition in Article 51 of the UN Charter. The modern jus ad bellum should thus legally recognise a dual face of defence: responsive self-defence if an armed attack occurs, and interceptive necessity-defence if a grave and urgent threat of an armed attack occurs. For without a clarifying and modernising revision, the concept of defence will become irreparably blurred until it is completely dissolved into the ever-shifting sands of war.
Book Synopsis Law, War and the Penumbra of Uncertainty by : Sam Selvadurai
Download or read book Law, War and the Penumbra of Uncertainty written by Sam Selvadurai and published by Cambridge University Press. This book was released on 2022-04-07 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that lawyers must often rely on contestable ethical and strategic intuitions when dealing with legal and factual uncertainties in 'hard cases' of resort to force. This area of international law relies on multiple tests which can be interpreted in different ways, do not yield binary 'yes/no' answers, and together define 'paradigms' of lawful and unlawful force. Controversial cases of force differ from these paradigms, requiring lawyers to assess complex, incomplete factual evidence, and to forecast the immediate and long-term consequences of using and not using force. Legal rules cannot resolve such uncertainties; instead, techniques from legal risk management, strategic intelligence assessment and political forecasting may help. This study develops these arguments using the philosophy of knowledge, socio-legal, politico-strategic and ethical theory, structured interviews and a survey with 31 UK-based international lawyers, and systematic analysis of key International Court of Justice cases and scholarly assessments of US-led interventions.
Book Synopsis Nuclear Weapons under International Law by : Gro Nystuen
Download or read book Nuclear Weapons under International Law written by Gro Nystuen and published by Cambridge University Press. This book was released on 2014-08-28 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nuclear Weapons under International Law is a comprehensive treatment of nuclear weapons under key international law regimes. It critically reviews international law governing nuclear weapons with regard to the inter-state use of force, international humanitarian law, human rights law, disarmament law, and environmental law, and discusses where relevant the International Court of Justice's 1996 Advisory Opinion. Unique in its approach, it draws upon contributions from expert legal scholars and international law practitioners who have worked with conventional and non-conventional arms control and disarmament issues. As a result, this book embraces academic consideration of legal questions within the context of broader political debates about the status of nuclear weapons under international law.
Book Synopsis The Law Against War by : Olivier Corten
Download or read book The Law Against War written by Olivier Corten and published by Bloomsbury Publishing. This book was released on 2021-07-29 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: Praise for previous edition: “...a comprehensive, meticulously-researched study of contemporary international law governing the use of armed force in international relations...' Andrew Garwood-Gowers, Queensland University of Technology Law Review, Volume 12(2) When this first English language edition of The Law Against War published it quickly established itself as a classic. Detailed, analytically rigorous and comprehensive, it provided an indispensable guide to the legal framework regulating the use of force. Now a decade on the much anticipated new edition brings the work up to date. It looks at new precedents arising from the Arab Spring; the struggle against the "Islamic State" in Iraq and Syria; and the conflicts in Ukraine and Yemen. It also reflects the new doctrinal debates surrounding recent state practice. Previous positions are reconsidered and in some cases revised, notably the question of consensual intervention and the very definition of force, particularly, to accommodate targeted extrajudicial executions and cyber-operations. Finally, the new edition provides detailed coverage of the concept of self-defense, reflecting recent interpretations of the International Court of Justice and the ongoing controversies surrounding its definition and interpretation.
Book Synopsis The Law of International Conflict by : Hanspeter Neuhold
Download or read book The Law of International Conflict written by Hanspeter Neuhold and published by BRILL. This book was released on 2015-12-04 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of International Conflict deals with three key principles of international law from a policy-oriented perspective that includes insights from various social sciences.
Book Synopsis Iraq and the Use of Force in International Law by : Marc Weller
Download or read book Iraq and the Use of Force in International Law written by Marc Weller and published by OUP Oxford. This book was released on 2010-09-02 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The prohibition of the use of force is one of the most crucial elements of the international legal order. Our understanding of that rule was both advanced and challenged during the period commencing with the termination of the Iran-Iraq war and the invasion of Kuwait, and concluding with the invasion and occupation of Iraq. The initial phase was characterized by hopes for a functioning collective security system administered by the United Nations as part of a New World Order. The liberation of Kuwait, in particular, was seen by some as a powerful vindication of the prohibition of the use of force and of the UN Security Council. However, the operation was not really conducted in accordance with the requirements for collective security established in the UN Charter. In a second phase, an international coalition launched a humanitarian intervention operation, first in the north of Iraq, and subsequently in the south. That episode is often seen as the fountainhead of the post-Cold War claim to a new legal justification for the use of force in circumstances of grave humanitarian emergency-a claim subsequent challenged during the armed action concerning Kosovo. There then followed repeated uses of force against Iraq in the context of the international campaign to remove its present or future weapons of mass destruction potential. Finally, the episode reached its controversial zenith with the full scale invasion of Iraq led by the US and the UK in 2003. This book analyzes these developments, and their impact on the rule prohibiting force in international relations, in a comprehensive and accessible way. It is the first to draw upon classified materials released by the UK Chilcot inquiry shedding light on the decision to go to war in 2003 and the role played by international law in that context.
Book Synopsis The Development of International Law by the International Court of Justice by : Christian J. Tams
Download or read book The Development of International Law by the International Court of Justice written by Christian J. Tams and published by Oxford University Press. This book was released on 2013-09-12 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the impact that pronouncements by the International Court of Justice (ICJ) have had on international law. It provides a comprehensive overview of the role of the ICJ in the contemporary law-making process.
Book Synopsis Targeted Killings by : Claire Oakes Finkelstein
Download or read book Targeted Killings written by Claire Oakes Finkelstein and published by Oxford University Press. This book was released on 2012-03 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: The controversy surrounding targeted killings represents a crisis of conscience for policymakers, lawyers and philosophers grappling with the moral and legal limits of the war on terror. This text examines the legal and philosophical issues raised by government efforts to target suspected terrorists.
Book Synopsis Self-Defence in International and Criminal Law by : Onder Bakircioglu
Download or read book Self-Defence in International and Criminal Law written by Onder Bakircioglu and published by Routledge. This book was released on 2011-05-11 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing from scholarship across law, history, politics and philosophy, Self-Defence in International and Criminal Law provides a broad and interdisciplinary approach to the doctrine of self-defence in both domestic criminal and international law. It focuses on the requirement of imminence, which deals with the question of when individuals or States may legitimately resort to defensive force against a serious danger or harm. In both national and international law the imminence requirement, if strictly applied, renders any defensive measure taken in anticipation of a would-be attack illegal. Recently, however, attempts have been made to relax the temporal requirement of the self-defence doctrine (imminence) with a view to allowing individuals or States to employ deadly force to arrest an anticipated threat when they ‘believe’ that using ‘pre-emptive’ lethal force would be the only way to thwart an expected harm. In domestic criminal law, it has been argued that it is necessary to relax the rule of imminence in domestic violence cases where women employ lethal force against their abusive partners when there is no imminent threat to justify defensive force. At the international level, while there has long been controversy as to the justifiability of pre-emptive force in non-confrontational settings, following the September 11 attacks, the Bush Administration’s ‘war on terror’ policy radically shifted the focus from the notion of anticipation to that of prevention, making it clear that, if necessary, it would invoke unilateral force against emerging threats before they are fully formed. The book surveys the roots, role, rationale, and objectives of self-defence and questions whether the requirement of imminence should be removed from the traditional contours of the self-defence doctrine in national and international law.
Book Synopsis African Human Rights Yearbook Volume 4 2020 by :
Download or read book African Human Rights Yearbook Volume 4 2020 written by and published by Pretoria University Law Press. This book was released on 2020-01-01 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: The three institutions making up the African regional human rights system, the African Court on Human and Peoples’ Rights, the African Commission on Human and Peoples’ Rights, and the African Committee of Experts on the Rights and Welfare of the Child, decided to jointly publish the African Human Rights Yearbook, to spearhead studies on the promotion and protection of human rights, and to provide a forum for constructive engagement about the African human rights system with academics and other human rights commentators on the continent. Volume 4 of the Yearbook, published in 2020, contains 24 contributions by scholars from Africa and beyond. Les trois institutions qui composent le système régional africain des droits de l’homme, la Cour africaine des droits de l’homme et des peuples, la Commission africaine des droits de l’homme et des peuples et le Comité africain d’experts sur les droits et le bien-être de l’enfant ont décidé de publier conjointement l’Annuaire africain des droits de l’homme pour encourager les études sur la promotion et la protection des droits de l’homme et offrir un forum d’interaction constructive sur le système avec les universitaires et observateurs du continent. Le Volume 4 de l’Annuaire, publié en 2020, contient 24 contributions de chercheurs du continent et d’ailleurs.
Book Synopsis Collective Self-Defence in International Law by : James A. Green
Download or read book Collective Self-Defence in International Law written by James A. Green and published by Cambridge University Press. This book was released on 2024-01-25 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective self-defence can be defined as the use of military force by one or more states to aid another state that is an innocent victim of armed attack. However, it is a legal justification that is open to abuse and its exercise risks escalating conflict. Recent years have seen an unprecedented increase in the number of collective self-defence claims. It has been the main basis for US-led action in Syria (2014-) and was advanced by Russia in relation to its full-scale invasion of Ukraine (2022-). Yet there still has been little analysis of collective self-defence in international law. This book crucially progresses the debate on various fundamental and under-explored questions about the conceptual nature of collective self-defence and the requirements for its operation. Green provides the most detailed and extensive account of collective self-defence to date, at a time when it is being invoked more than ever before.
Book Synopsis Self-Defence against Non-State Actors by : Mary Ellen O'Connell
Download or read book Self-Defence against Non-State Actors written by Mary Ellen O'Connell and published by Cambridge University Press. This book was released on 2019-08 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a multi-perspective study of the international law on self-defence against non-State actors.
Book Synopsis Research Handbook on International Law and Terrorism by : Ben Saul
Download or read book Research Handbook on International Law and Terrorism written by Ben Saul and published by Edward Elgar Publishing. This book was released on 2020-04-24 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: This newly revised and updated second edition provides a comprehensive overview of international counter-terrorism law and practice. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field, including new topics for this edition such as foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism.
Book Synopsis Mozambique's Cabo Delgado Conflict by : Marko Svicevic
Download or read book Mozambique's Cabo Delgado Conflict written by Marko Svicevic and published by Taylor & Francis. This book was released on 2024-04-02 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses a multidisciplinary approach to examine the ongoing conflict in Mozambique’s Cabo Delgado province, which has killed thousands and displaced a million people since 2017. The book investigates how the conflict developed, the regional and international responses and its wider implications. From a broad range of African perspectives, the book addresses issues related to the conflict including international humanitarian law, regional security and terrorism. Part I assesses the regional security concerns of the conflict, the success of cross-border counter-terrorism operations and their implications for the southern African region. Part II focuses on the conflict in relation to international humanitarian law. It discusses the Islamic State's presence in the region, the trajectory and issues pertaining to sexual and gender-based violence and the relationship between the conflict and the environment. Finally, Part III examines regional and continental responses to the conflict, from the military intervention by the Southern African Development Community and Rwanda, to the perceived inaction of the African Union. The first comprehensive analysis of the conflict in Cabo Delgado, this book will be of interest to scholars and practitioners of international humanitarian law, security, African politics, war and conflict studies, terrorism and human rights.
Book Synopsis Institutionalizing State Responsibility by : Vincent-Joël Proulx
Download or read book Institutionalizing State Responsibility written by Vincent-Joël Proulx and published by Oxford University Press. This book was released on 2016 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: UN organs play a significant role in implementing the law of state responsibility in global security contexts. This book analyses how the ICJ, the General Assembly and the Security Council contribute to the implementation of the laws of State responsibility, using transnational terrorism as its principal case study.
