Recourse to Force

Recourse to Force
Author: Thomas M. Franck
Publisher:
Total Pages: 205
Release: 2002
Genre: Aggression (International law)
ISBN: 9780511054631
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In this book Professor Franck tracks various conflicts since 1945 which have contributed to the extensive interpretation of the UN Charter by the UN's principal political institutions. He examines the law pertaining to the use of force againt subversion and terrorism, and the need to balance peace with justice.

Recourse to Force

Recourse to Force
Author: Thomas M. Franck
Publisher: Cambridge University Press
Total Pages: 219
Release: 2002-10-24
Genre: Law
ISBN: 1139434950
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The nations that drafted the UN Charter in 1945 clearly were more concerned about peace than about justice. As a result, the Charter prohibits all use of force by states except in the event of an armed attack or when authorised by the Security Council. This arrangement has only very imperfectly withstood the test of time and changing world conditions. In requiring states not to use force in self-defence until after they had become the object of an actual armed attack, the Charter failed to address a growing phenomenon of clandestine subversion and of instantaneous nuclear threats. Fortunately although the Charter is very hard to amend, the drafters did agree that it should be interpreted flexibly by the United Nations' principal political institutions. In this way the norms governing use of force in international affairs have been adapted to meet changing circumstances and new challenges. The book also relates these changes in law and practice to changing public values pertaining to the balance between maintaining peace and promoting justice.

International Law and the Use of Force

International Law and the Use of Force
Author: Anthony Clark Arend
Publisher: Routledge
Total Pages: 287
Release: 2014-02-04
Genre: Political Science
ISBN: 1136143645
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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.

NATO Rules of Engagement

NATO Rules of Engagement
Author: Camilla Guldahl Cooper
Publisher: BRILL
Total Pages: 498
Release: 2019-12-02
Genre: Law
ISBN: 9004401687
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In NATO Rules of Engagement, Camilla Guldahl Cooper provides a thorough analysis of NATO rules of engagement, and offers clarity on a concept which despite its considerable political, strategic and operational importance, is often misunderstood.

'Armed Attack' and Article 51 of the UN Charter

'Armed Attack' and Article 51 of the UN Charter
Author: Tom Ruys
Publisher: Cambridge University Press
Total Pages: 617
Release: 2010-11-25
Genre: Law
ISBN: 113949483X
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This book examines to what extent the right of self-defence, as laid down in Article 51 of the Charter of the United Nations, permits States to launch military operations against other States. In particular, it focuses on the occurrence of an 'armed attack' - the crucial trigger for the activation of this right. In light of the developments since 9/11, the author analyses relevant physical and verbal customary practice, ranging from the 1974 Definition of Aggression to recent incidents such as the 2001 US intervention in Afghanistan and the 2006 Israeli intervention in Lebanon. The notion of 'armed attack' is examined from a threefold perspective. What acts can be regarded as an 'armed attack'? When can an 'armed attack' be considered to take place? And from whom must an 'armed attack' emanate? By way of conclusion, the different findings are brought together in a draft 'Definition of Armed Attack'.

The Use of Force and International Law

The Use of Force and International Law
Author: Christian Henderson
Publisher: Cambridge University Press
Total Pages: 576
Release: 2023-11-09
Genre: Law
ISBN: 1108924522
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Newly revised, this textbook provides an authoritative conceptual and practical overview of international law governing the resort to force. Following an introductory chapter, with a section on the key issues in identifying the law and actual and potential changes to it, the book addresses the breadth and scope of the prohibition of the threat or use of force and the meaning of 'force' as the focus of this. The book proceeds to address the use of force through the United Nations and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, the controversial right of humanitarian intervention, and forcible interventions in civil conflicts. Updated to include greater focus on aspects such as cyber operations, the threat of force, and the 'human element' to the use force, as well as the inclusion of recent developments such as the 2022 Russian invasion of Ukraine, it seeks to address the contemporary legal framework through the prism of contemporary challenges that it currently faces.

The Law Against War

The Law Against War
Author: Olivier Corten
Publisher: Bloomsbury Publishing
Total Pages: 790
Release: 2021-07-29
Genre: Law
ISBN: 1509949003
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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.

Cyber Operations and International Law

Cyber Operations and International Law
Author: François Delerue
Publisher: Cambridge University Press
Total Pages: 545
Release: 2020-03-19
Genre: Law
ISBN: 1108490271
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This book offers a comprehensive overview of the international law applicable to cyber operations. It is grounded in international law, but is also of interest for non-legal researchers, notably in political science and computer science. Outside academia, it will appeal to legal advisors, policymakers, and military organisations.

Force and Freedom

Force and Freedom
Author: Arthur Ripstein
Publisher: Harvard University Press
Total Pages: 416
Release: 2010-02-15
Genre: Philosophy
ISBN: 0674054512
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In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.

War Is a Force that Gives Us Meaning

War Is a Force that Gives Us Meaning
Author: Chris Hedges
Publisher: PublicAffairs
Total Pages: 156
Release: 2014-04-08
Genre: History
ISBN: 1610395107
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General George S. Patton famously said, "Compared to war all other forms of human endeavor shrink to insignificance. God, I do love it so!" Though Patton was a notoriously single-minded general, it is nonetheless a sad fact that war gives meaning to many lives, a fact with which we have become familiar now that America is once again engaged in a military conflict. War is an enticing elixir. It gives us purpose, resolve, a cause. It allows us to be noble. Chris Hedges of The New York Times has seen war up close -- in the Balkans, the Middle East, and Central America -- and he has been troubled by what he has seen: friends, enemies, colleagues, and strangers intoxicated and even addicted to war's heady brew. In War Is a Force That Gives Us Meaning, he tackles the ugly truths about humanity's love affair with war, offering a sophisticated, nuanced, intelligent meditation on the subject that is also gritty, powerful, and unforgettable.