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Us Attitudes To International Law And The Use Of Force
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Book Synopsis The United States and International Law by : Lucrecia García Iommi
Download or read book The United States and International Law written by Lucrecia García Iommi and published by University of Michigan Press. This book was released on 2022-07-26 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why U.S. support for international law is so inconsistent
Book Synopsis Governing the Use-of-Force in International Relations by : A. Warren
Download or read book Governing the Use-of-Force in International Relations written by A. Warren and published by Palgrave Macmillan. This book was released on 2014-09-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines US recourse to military force in the post-9/11 era. In particular, it evaluates the extent to which the Bush and Obama administrations viewed legitimizing the greater use-of-force as a necessary solution to thwart the security threat presented by global terrorist networks and WMD proliferation.
Book Synopsis International Law and the Use of Force by National Liberation Movements by : Heather A. Wilson
Download or read book International Law and the Use of Force by National Liberation Movements written by Heather A. Wilson and published by Oxford University Press, USA. This book was released on 1988 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning with an explanation of the traditional tenets of international laws of armed conflict, this book explores the idea that national liberation movements may legitimately resort to the use of force, and examines the application of the humanitarian law of armed conflict in wars of national liberation.
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 790 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.
Download or read book On War written by Carl von Clausewitz and published by . This book was released on 1908 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Counter-Terrorism and the Use of Force in International Law by :
Download or read book Counter-Terrorism and the Use of Force in International Law written by and published by DIANE Publishing. This book was released on 2002 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this paper, Michael Schmitt explores the legality of the attacks against Al Qaeda and the Taliban under the "jus ad bellum," that component of international law that governs when a State may resort to force as an instrument of national policy. Although States have conducted military counterterrorist operations in the past, the scale and scope of Operation Enduring Freedom may signal a sea change in strategies to defend against terrorism. This paper explores the normative limit on counterterrorist operations. Specifically, under what circumstances can a victim State react forcibly to an act of terrorism? Against whom? When? With what degree of severity? And for how long? The author contends that the attacks against Al Qaeda were legitimate exercises of the rights of individual and collective defense. They were necessary and proportional, and once the Taliban refused to comply with U.S. and United Nations demands to turn over the terrorists located in Afghanistan, it was legally appropriate for coalition forces to enter the country for the purpose of ending the ongoing Al Qaeda terrorist campaign. However, the attacks on the Taliban were less well grounded in traditional understandings of international law. Although the Taliban were clearly in violation of their legal obligation not to allow their territory to be used as a terrorist sanctuary, the author suggests that the degree and nature of the relationship between the Taliban and Al Qaeda may not have been such that the September 11 attacks could be attributed to the Taliban, thereby disallowing strikes against them in self-defense under traditional understandings of international law. Were the attacks, therefore, illegal? Not necessarily. Over the past half-century the international community's understanding of the international law governing the use of force by States has been continuously evolving. The author presents criteria likely to drive future assessments of the legality of counterterrorist operatio7.
Book Synopsis The Thin Justice of International Law by : Steven R. Ratner
Download or read book The Thin Justice of International Law written by Steven R. Ratner and published by Oxford University Press, USA. This book was released on 2015 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a new interdisciplinary approach to global justice and integrating the insights of international relations and contemporary ethics, this book asks whether the core norms of international law are just by appraising them according to a standard of global justice grounded in the advancement of peace and protection of human rights.
Book Synopsis The Use of Force in International Law by : Tarcisio Gazzini
Download or read book The Use of Force in International Law written by Tarcisio Gazzini and published by Routledge. This book was released on 2017-07-05 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of essays examines the development of political and legal thinking regarding the use of force in international relations. It provides an analysis of the rules on the use of force in the political, normative and factual contexts within which they apply and assesses their content and relevance in the light of new challenges such as terrorism, weapons of mass destruction and cyber-attacks. The volume begins with an overview of the ancient and medieval concepts of war and the use of force and then concentrates on the contemporary legal framework regulating the use of force as moulded by the United Nations Charter and state practice. In this regard it discusses specific issues such as the use of force by way of self-defence, armed reprisals, forcible reactions to terrorism, the use of force in the cyberspace, humanitarian intervention and the responsibility to protect. This collection of previously published classic research articles is of interest to scholars and students of international law and international relations as well as practitioners in international law.
Book Synopsis International Law and the Use of Force by States by : Ian Brownlie
Download or read book International Law and the Use of Force by States written by Ian Brownlie and published by Oxford University Press on Demand. This book was released on 1963 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author pursues, on historic lines, an estimation of the extent of legal prohibition of the use of force by states. He includes the deliberations and findings of political organs of the League of Nations and the United Nations, as well as a study of the quality of prohibition of force.
Book Synopsis The Limits of International Law by : Jack L. Goldsmith
Download or read book The Limits of International Law written by Jack L. Goldsmith and published by Oxford University Press. This book was released on 2005-02-03 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.
Book Synopsis The Iraq War and International Law by : Philip Shiner
Download or read book The Iraq War and International Law written by Philip Shiner and published by Bloomsbury Publishing. This book was released on 2008-09-17 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: The decision by the US and UK governments to use military force against Iraq in 2003 and the subsequent occupation and administration of that State, has brought into sharp focus fundamental fault lines in international law. The decision to invade, the conduct of the war and occupation and the mechanisms used to administer the country all challenge the international legal community placing it at a crossroads. When can the use of force be justified? What are the limits of military operations? What strength does international criminal law possess in the face of such interventions? How effective is the international regime of human rights in these circumstances? What role does domestic law have to play? How the law now responds and develops in the light of these matters will be of fundamental global importance for the 21st century and an issue of considerable political and legal concern. This book explores this legal territory by examining a number of issues fundamental to the future direction of international law in the War's aftermath. Consideration is also given to the impact on UK law. Both practical and academic perspectives are taken in order to scrutinise key questions and consider the possible trajectories that international law might now follow.
Book Synopsis International Law and the Use of Force by : Anthony Clark Arend
Download or read book International Law and the Use of Force written by Anthony Clark Arend and published by Routledge. This book was released on 2014-02-04 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the United Nations Charter was adopted in 1945, states established a legal `paradigm' for regulating the recourse to armed force. In the years since then, however, significant developments have challenged the paradigm's validity, causing a `pardigmatic shift'. International Law and the Use of Force traces this shift and explores its implications for contemporary international law and practice.
Book Synopsis United States Hegemony and the Foundations of International Law by : Michael Byers
Download or read book United States Hegemony and the Foundations of International Law written by Michael Byers and published by Cambridge University Press. This book was released on 2003-05-29 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: Successive hegemonic powers have shaped the foundations of international law. This book examines whether the predominance of the United States is leading to foundational change in the international legal system. A range of leading scholars in international law and international relations consider six foundational areas that could be undergoing change, including international community, sovereign equality, the law governing the use of force, and compliance. The authors demonstrate that the effects of US predominance on the foundations of international law are real, but also intensely complex. This complexity is due, in part, to a multitude of actors exercising influential roles. And it is also due to the continued vitality and remaining functionality of the international legal system itself. This system limits the influence of individual states, while stretching and bending in response to the changing geopolitics of our time.
Book Synopsis International Law and the Use of Force against Terrorism by : Shadi Adnan Alshdaifat
Download or read book International Law and the Use of Force against Terrorism written by Shadi Adnan Alshdaifat and published by Cambridge Scholars Publishing. This book was released on 2017-01-06 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: As shown in the case of Attila the Hun, and his thirst for power, property, and personal prestige, nation states throughout the world, particularly in Asia and Europe, have, since ancient times, been vulnerable to invasion by other nation states and bands of looters from outside their borders. Terrorism’s progress into the modern day has caused extreme concern among members of the international community, who now accept that it is like a cancer that refuses to localize itself within any single organ of the body, but seeks to spread its lethality throughout, even if that means destroying itself along with the host. The fight against terrorism is long and complex, but the end is known in advance. Terrorists are defending a lost cause, and their defeat is inevitable, and democracy, freedom, and diplomacy will triumph.
Book Synopsis The Use of Force in International Law by : Tom Ruys
Download or read book The Use of Force in International Law written by Tom Ruys and published by Oxford University Press. This book was released on 2018-04-26 with total page 1274 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international law on the use of force is one of the oldest branches of international law. It is an area twinned with the emergence of international law as a concept in itself, and which sees law and politics collide. The number of armed conflicts is equal only to the number of methodological approaches used to describe them. Many violent encounters are well known. The Kosovo Crisis in 1999 and the US-led invasion of Iraq in 2003 spring easily to the minds of most scholars and academics, and gain extensive coverage in this text. Other conflicts, including the Belgian operation in Stanleyville, and the Ethiopian Intervention in Somalia, are often overlooked to our peril. Ruys and Corten's expert-written text compares over sixty different instances of the use of cross border force since the adoption of the UN Charter in 1945, from all out warfare to hostile encounters between individual units, targeted killings, and hostage rescue operations, to ask a complex question. How much authority does the power of precedent really have in the law of the use of force?
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 . This book was released on 2015 with total page 1377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Oxford Handbook provides an authoritative and comprehensive analysis of one of the most controversial areas of international law. Over seventy contributors assess the current state of the international law prohibiting the use of force, assessing its development and analysing the many recent controversies that have arisen in this field.
Book Synopsis Power, Politics, Law: International Law and State Behaviour During International Crises by : Radhika Withana
Download or read book Power, Politics, Law: International Law and State Behaviour During International Crises written by Radhika Withana and published by BRILL. This book was released on 2008-07-31 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the question as to where international law fits into the making and implementation of foreign policy during an international crisis in which a State is considering and / or may actually use force. Empirical literature on the law-State behaviour relationship during international crises has not been able to answer this question adequately. The limitations of existing empirical literature are identified as stemming from the limitations of existing positivist, realist and functionalist theoretical explanations of the law-State behaviour relationship. These theoretical approaches, which underpin existing empirical literature on international crises, assume that international law matches what is referred to in this book as its ‘rule-book’ image. This is the notion of international law as a finite set of objective, politically neutral, rules that can be applied so as to distinguish objectively between legal and illegal action. The rule-book image of international law does not match reality, but the assumption that it is true underpins both theoretical literature and references to international law in political rhetoric. The rule-book image and the reality of international law have been reconciled within the theory of International law as Ideology (ILI) as developed by Shirley Scott. This book hypothesises that an ILI perspective offers a better explanation of the law-State behaviour relationship during international crises than rival explanations grounded in positivism, realism or functionalism. Four case studies of State behaviour—of the US, the Soviet Union and the PRC during the Korean War (1950-1953), of the US and UK during the Suez crisis (1956), of the US and the Soviet Union during the Cuban Missile Crisis (1962) and of the US and an alliance of Latin American States during the Dominican Republic crisis (1965)—are used to test the hypothesis. The findings confirm the greater explanatory efficacy of ILI and demonstrate that the significance of international law to foreign policy decision-making during international crises is more than that of deterring the use of force as is assumed by rival theoretical approaches grounded in a rule-book image of international law. International law is shown to serve as a vehicle for inter-State competition during international crises.
