Recourse To Force
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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.
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.
Author | : Anthony Clark Arend |
Publisher | : Routledge |
Total Pages | : 287 |
Release | : 2014-02-04 |
Genre | : Political Science |
ISBN | : 1136143645 |
Download International Law and the Use of Force Book in PDF, Epub and Kindle
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.
Author | : Olivier Corten |
Publisher | : Bloomsbury Publishing |
Total Pages | : 790 |
Release | : 2021-07-29 |
Genre | : Law |
ISBN | : 1509949003 |
Download The Law Against War Book in PDF, Epub and Kindle
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.
Author | : Camilla Guldahl Cooper |
Publisher | : BRILL |
Total Pages | : 498 |
Release | : 2019-12-02 |
Genre | : Law |
ISBN | : 9004401687 |
Download NATO Rules of Engagement Book in PDF, Epub and Kindle
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.
Author | : Tom Ruys |
Publisher | : Cambridge University Press |
Total Pages | : 617 |
Release | : 2010-11-25 |
Genre | : Law |
ISBN | : 113949483X |
Download 'Armed Attack' and Article 51 of the UN Charter Book in PDF, Epub and Kindle
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'.
Author | : François Delerue |
Publisher | : Cambridge University Press |
Total Pages | : 545 |
Release | : 2020-03-19 |
Genre | : Law |
ISBN | : 1108490271 |
Download Cyber Operations and International Law Book in PDF, Epub and Kindle
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.
Author | : Christian Henderson |
Publisher | : |
Total Pages | : 441 |
Release | : 2018-05-10 |
Genre | : Law |
ISBN | : 1107036348 |
Download The Use of Force and International Law Book in PDF, Epub and Kindle
This book is a contemporary, comprehensive, and accessible text on the use of force and international law suitable for a range of audiences.
Author | : Arthur Ripstein |
Publisher | : Harvard University Press |
Total Pages | : 416 |
Release | : 2010-02-15 |
Genre | : Philosophy |
ISBN | : 0674054512 |
Download Force and Freedom Book in PDF, Epub and Kindle
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.
Author | : Tarcisio Gazzini |
Publisher | : Routledge |
Total Pages | : 649 |
Release | : 2017-07-05 |
Genre | : History |
ISBN | : 1351539779 |
Download The Use of Force in International Law Book in PDF, Epub and Kindle
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.