This book explores the whole of the large and controversial subject of the use of force in international law; it examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the growing importance of regional organizations in the maintenance of international peace and security. Since the publication of the second edition of International Law and the Use of Force the law in this area has continued to undergo a fundamental reappraisal. Operation Enduring Freedom carries on against Al Qaida and the Taliban in Afghanistan six years after the terrorist attacks of 11 September 2001. Can this still be justified as self-defence in the 'war on terror'? Is there now a wide right of pre-emptive self-defence against armed attacks by non-state actors? The 2006 Israel/Lebanon conflict and the recent intervention of Ethiopia in Somalia raise questions about whether the 'war on terror' has brought major changes in the law on self-defence and on regime change. The 2003 invasion of Iraq gave rise to serious divisions between states as to the legality of this use of force and to talk of a crisis of collective security for the UN. In response the UN initiated major reports on the future of the Charter system; these rejected amendment of the Charter provisions on the use of force. They also rejected any right of pre-emptive self-defence. They advocated a 'responsibility to protect' in cases of genocide or massive violations of human rights; the events in Darfur show the practical difficulties with the implementation of such a duty.
International Law and the Use of Force traces this shift and explores its implications for contemporary international law and practice.
Looking through the prism of the contemporary challenges that this area of international law faces, including technology, sovereignty, actors, compliance and enforcement, this book addresses key aspects of international law in this area: ...
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.
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.
W. Michael Reisman, “Nuclear Weapons in International Law,” New York Law School Journal of International and Comparative ... FURTHER READING Boyle, Francis A. “The Relevance of International Law to the 'Paradox' of Nuclear Deterrence.
The author pursues, on historic lines, an estimation of the extent of legal prohibition of the use of force by states.
1986] Rules on the Use of Force 123 doubts. He can argue that without international enforcement, censure has no impact on state actions: it remains merely rhetorical condemnation without sanctions. Law must be more than aspiration or ...
This is the first book to analyze the lawfulness of the use of force against Iraq on the basis of formerly classified material made public by the official UK inquiry into the war.
This book analyzes the legality of the use of force by the US, the UK and their NATO allies against Afghanistan in 2001.
whether the threat of force “was illegal in the circumstances prevailing in the lead-up to the signing of the Memorandum of Understanding”.51 Barker's starting point is to restate the ICJ's jurisprudence in the Nuclear Weapons Advisory ...